John Deere engine design

And it wasn't just JD that was involved in this type of battle... there were plenty others.

History has many details, and it's multiple dimensions in CONTEXT.  Let's start with the basics:

One guy came up with a great idea- three-point hitch.  He patented it, but didn't have the capacity to make lots of them, so he partnered with a guy that made lots of (wimpy) tractors, but he had a big company, with a big legal budget.

Other companies saw this, and it was a good idea, but there was no way they'd ever survive a patent infringmenet suit, and there was no patent license option within reach, so they made their own versions... different enough to avoid an infrigment suit...

Another company came out with a live PTO... it was a great idea... one came out with live hydraulics... one came out with a wet hand clutch, one came out with high-low... another came out with high-neutral-low with wet clutch... there were mechanical lifts, high pressure hydraulics, automatic lifts, sequenced lifts, traction-assisting lifts, steering wheel controlled steering brakes, automatic clutches, hydrostatic drives...

And now you've got a mess of companies, each having their own pile of patents, and legal departments that protect them, and attack others, in order to hold their ground on their little segment of the market, and try to grab the other guys' market segment.

This is the kind of economic battle that has happened since 1930... and notice... not a single darned one of 'em had anything to do with actual building of tractors.

Companies came out with ideas, and patented them, and NEVER EVEN BUILT THEM... the patent's job was simply to prevent OTHERS from using an idea... ESPECIALLY... if that idea was close to, or even better than, an existing idea.

Then there's marketing, which includes creative financing, profit strategies, and obsolescence.  It all comes together as one business warfare.

Stealing patents happens in a variety of ways, but there's a process called War of Attrition that occurs in business... steadily wearing down of your competetor's resources until they cannot fight any longer... and patent infringement is one way to do it.

Let's say you have a great idea, but can't manufacture it in great volume, or get it to market soon.  I steal that idea, I make a very, very, very slight change in something irrelevant... like... I patent my version as different because I use a more expensive type of paint that 'should' be more durable in say... wind and rain.  I immediately start building my version of your idea, and I equal your price, or slightly undercut it, and I slam millions of them out onto the market.  I'm making money big-and-fast, and you're still struggling to get yours to the dealer.  You file suit for patent infringement, and advertise yours, then I countersue YOU for attempting to infringe upon mine, and a volley of discovery process documents, and commensurate legal fees for review time and motions follow.  Of course, mine came later, but I've got lots of cash-flow coming in, I'm getting all the sales, so you've got no war-chest to fight either side of a patent battle.

This is how it happens.   Is it right?  No... but the problem is, that boxing is not about how hard you can punch, how well you can land a punch, and not how hard punch you can take, but how long you can take punches and keep landing good punches... and sneaking one below-the-belt while the ref can't see it.

Business = War...  Dignified business is not often practiced.

 

That Kinze vs John Deere planter unit battle is more of the exception than the norm. Jon Kinzenbaw was just a little guy going up against the giant John Deere, and won. They probably could have bankrupted him and his lawyer if they really wanted to. This whole deal ended up costing JD a pile of money though, and it was really a unnecessary battle for JD to wage. It probably wasn't a good business decision for either party to get into this peeing match, but feelings were hurt on both sides and everybody was just trying to protect their egos.

Don't know who was first, but AC offered the option in 1959...

Wow !!, never gave Oliver an second thought until you brought it up . Makes sense since they had the moldboard plow dialed-in way back when

Yes, I think it was Oliver. Oliver didn't patent it though. What got JD in trouble was they weren't candid with the fact that that the design was already in use (making it not qualifying for patent) with the patent office.

The two lawsuits were, one for Kinze coping the JD row unit, and the second one was a anti-trust suit brought by Kinze, saying that JD couldn't withhold sales of row units (had something to do with some anti-trust laws). 

I haven't read anything about JD coping the folding frame design. JD did offer to buy the design from Kinze, but he wanted $100 per planter royalty, and JD was offering something like $20. Jon said later that was were two fools met, he was a fool for offering $100, and they were a fool for not taking the offer.