IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION DAWN EQUIPMENT COMPANY

an Illinois Corporation, Plaintiff vs. FARM JOURNAL, INC. a Pennsylvania corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) )

Case No. 12-cv-3760 Jury Trial Demanded

COMPLAINT Dawn Equipment Company (referred to hereinafter as DAWN) for its Complaint against defendant Farm Journal, Inc. (referred to hereinafter as FARM JOURNAL) alleges as follows: 1. This is a patent infringement action to stop FARM JOURNALs unauthorized and

infringing manufacture and use of products especially made or especially adapted for use in the infringement of U.S. Patent No. 5,443,023 (the 023 Patent). DAWN is a leader in the design and manufacture of agricultural equipment that is particularly useful in strip tilling equipment. 2. Plaintiff DAWN is a corporation existing and organized under the laws of Illinois

and has its principal place of business at 370 North Cross Street, Sycamore, Illinois 60178. 3. Defendant FARM JOURNAL is a corporation existing and organized under the

laws of Pennsylvania and has a place of business at 1550 North Northwest Highway, Suite 403, Park Ridge, Illinois 60068.

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4.

This action for patent infringement arises under the Patent Laws of the United

States, in particular 35 U.S.C. 271, 281, 283, and 285. This court has jurisdiction over the subject matter of this action under 28 U.S.C. 1338(a). 5. This Court has personal jurisdiction over FARM JOURNAL, and venue is proper

in this Court pursuant to 28 U.S.C. 1391 and 1400. 6. This case involves technology used in agricultural equipment, and is particularly

useful in planter and seed furrow covering equipment. 7. On March 15, 1993, U.S. Patent Application No. 08/033,272 (the 272

Application), titled Seed Furrow Closing Apparatus For Agricultural Planters, was filed with the U.S. Patent and Trademark Office, naming as inventor Walter R. Carroll. 8. On August 22, 1995, the U.S. Patent and Trademark Office duly and legally

issued the 272 Application as the 023 Patent (attached hereto as Exhibit A). 9. DAWN is the sole and exclusive licensee of the 023 Patent pursuant to a license

agreement with the inventor. 10. FARM JOURNAL has manufactured and used agricultural equipment (Accused

Device) that is covered by one or more claims of the 023 Patent. The agricultural equipment includes, but is not limited to, closing wheel arrangements described under the heading Footed or Swept-Back Wheels of FARM JOURNALs article titled The Final Touch, which is dated March 9, 2012 and which is currently displayed on FARM JOURNALs website. 11. Through its actions of manufacturing and using the Accused Devices, FARM

JOURNAL has infringed one or more claims of the 023 Patent.

WHEREFORE, DAWN prays for judgment that:

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A. B.

United States Patents No. 5,443,023 has been infringed by FARM JOURNAL; FARM JOURNAL, its officers, agents and employees, and those persons in active concert and participation with any of them, be permanently enjoined from infringing United States Patents No. 5,443,023;

C.

DAWN be awarded damages sufficient to compensate it for FARM JOURNALs infringement, that such damages be increased to three times the amount found or assessed pursuant to 35 U.S.C. 284, and that such damages be awarded to Dawn with prejudgment interest;

D.

This case be declared exceptional pursuant to 35 U.S.C. 284 and that DAWN be awarded its attorney fees, costs, and expenses in this action; and

E.

DAWN be awarded such other and further relief as the Court may deem just.

JURY DEMAND DAWN hereby demands a trial by jury on all issues so triable.

Dated: May 16, 2012

By: /s/ Stephen G. Rudisill Stephen G. Rudisill ARDC No. 2417049 srudisill@nixonpeabody.com Sorinel Cimpoes ARDC No. 6274709 scimpoes@nixonpeabody.com Nixon Peabody LLP 300 S. Riverside Plaza, 16th Floor Chicago, Illinois 60606-6613 Telephone: 312-425-3900 Facsimile: 312-425-3909 Attorneys for Plaintiff DAWN Equipment Company

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