The BirdieBall Practice Golf Ball is Granted Patent

Have you seen a BirdieBall practice golf ball? You would know if you have seen one because they have a very distinctive look. Some people refer to them as the “napkin holder” practice balls. This week a US patent was granted directed to the BirdieBall. The patent is USPN 7300357 titled “Practice Sport Projectile Having a Through Hole.”…(figures)… Interesting patent, check it out.

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If You Can’t Identify the Maker of These Irons from the Design Patent Drawings… Order More Golf Magazines

The Golf-Patents blog has tested your knowledge of iron club head design in the past (here, here, here, here, here, here, here, here, here, and here). Today, let’s see if you can identify another set of irons. For frequent readers of this blog, I rate the level of difficulty of this one as easy. Good luck. The figures below come from a iron head design patent that issued this week to a major producer of clubs. Can you identify the brand of irons?

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Have You Ever Thought About Adding Volcanic Rock Fibers to Your Clubs? Don’t Worry, Nike Has Thought About it for You

Ever heard of basalt fiber? I had not until a Nike patent application published on Thanksgiving. The application published as US Publication No. 20070270237 titled “Golf Clubs Prepared with Basalt Fiber.” So, what is basalt fiber? According to the application, basalt is a hard, dense, dark volcanic rock composed chiefly of plagioclase, pyroxene, and olivine, and often has a glassy appearance. Basalt has been mainly used as a crushed rock in construction, industrial and highway engineering. Basalt also can be made into fine, superfine, and ultra fine fibers. Why basalt fiber? Apparently it is superior to fiber glass, approaching the performance of carbon fiber materials, but at a much lower cost. The application describes the invention as….

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Would You Buy Liquid Filled Golf Balls? I Am Starting To Think That I Would

The fact that Callaway Golf has filed several patent applications directed to liquid filled golf balls makes me think that this may be a concept that we actually see on the course in the future. I can’t quite put my finger on the reason, but this concept intrigues me! (see my prior posts here, here, and here). The invention discussed in the prior posts was directed to internal structures in the ball that divert liquid as the ball spins to control the spin of the ball.
Last week another Callaway patent application published that is directed to liquid filled golf balls (US Pub. No. 20070270238), but with a new spin. The patent application describes the invention as:….

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Has Callaway’s Case Against Acushnet Been Weakened by a Recent Patent Office Action?

Recently I have authored several posts about the Callaway v. Acushnet golf ball battle. For example, prior posts looked at the jury selection process, the proposed jury instructions, and the proposed verdict form.
The case was progressing nicely toward trial, but a recent action by the USPTO has the potential of throwing a wrench in the works. A recent letter from Acushnet to the Judge (click HERE to view) outlines how a recent 178 page USPTO reexamination opinion has rejected all of the claims in one of the four patents-in-suit (USPN 6506130). The letter states that “… the PTO addressed and rejected many of the arguments Callaway makes in this case…” Logically, I immediately went to check out the USPTO file wrapper for the reexamination proceeding. Any guess as to how large the file wrapper is? Well, it is over 2200 pages… so you will not be finding a summary on the Golf-Patents blog anytime soon (or ever). The file wrapper does contain some fascinating information (if you are a hardcore golf ball technology geek)…

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Following Up on the Two Prior Posts… If You Made it Onto the Jury for the Callaway Golf versus Acushnet Golf Ball Patent Infringement Lawsuit… and You Survived the Endless Jury Instructions & the Trial… Now Could You Digest the Proposed Verdict Form?

Yesterday I posted about the proposed Callaway v Acushnet jury instructions, and the day before I posted about the jury selection process. Now, let’s take a look at the proposed verdict form. Click HERE to review the jointly proposed verdict form. It actually provides a nice technical breakdown of the case, as well as itemizing the 20 claims of the 4 patents-in-suit that the jurors will know like the back of their hand by the end of the trial. Would you still be interested in sitting on the jury?

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Following Up on Yesterday’s Post… Let’s Say You Made it Onto the Jury for the Callaway Golf versus Acushnet (Titleist) Golf Ball Patent Lawsuit… Now Can You Stay Awake The 150+ Pages of Jury Instructions?

Yesterday I posted about the jury selection process for the major golf ball patent infringement lawsuit between Callaway and Acushnet. Now, assuming that you managed to hide your bias toward one company or the other and you made it onto the jury… now you have to listen to over 150 pages of jury instructions. If you are interested in golf ball technology and/or patents, then you will enjoy scanning through the proposed jury instructions (Part 1, Part 2). Obviously there is a lot at stake for Callaway and Acushnet. So, do you still want to be on the jury?

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Ever Wonder What You Would Have to Go Through to Get on the Jury in the Callaway v. Acushnet Golf Ball Patent Infringement Litigation

For the non-attorney readers… the term “voir dire” refers to the jury selection process of questioning prospective jurors. I am sure that you have seen movies or TV shows where the attorney is
weeding out potential jurors by asking them questions regarding their prior relationships, family members, potential biases, etc.. Traditionally both the plaintiff and defendant(s) have to submit
their “proposed” voir dire plan to the court for approval. Have you ever wondered what an attorney would ask you if you were a potential juror for a golf ball patent infringement trial? Click HERE to check out Callaway’s proposed voir dire; and click HERE to check out Acushnet’s proposed voir dire….
I bet most golfers wouldn’t mind jury duty if they could sit on this jury.

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Toss Out Your Trusted Titleist Vokey Wedge, Burn That Beautiful Old Cleveland Wedge That You Know Better Than Your Family Members… The Wedge of the Future has Been Patented

OK, that title may be a little misleading… but if you do want to get rid of those wedges you can send them to me. Nonetheless, a very unique wedge was issued a patent this week. Words don’t do
this design justice… check out these figures from the patent….(figures)…. How would you like to have one of these in your bag?

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Greg Norman Subpoenaed by Acushnet to Testify in the Callaway v. Acushnet Golf Ball Patent Infringement Lawsuit

As you may recall from a prior post, Callaway sued Acushnet for golf ball patent infringement back in February of 2006. The suit (1:06-cv-00091-SLR) alleges that Acushnet infringed 4 patents and has roots that extend all the way back to a previously settled 1996 lawsuit between Spalding and Acushnet. A prior post discussed the fact that Acushnet issued a subpoena to take the testimony of Phil Mickeson on October 25th in Irvine, California. Now Acushnet has their eyes on Greg Norman and plan to take his deposition on November 26th in Jupiter Florida. Check out this list of documents that Greg is supposed to bring to the deposition….(list)…. Can you imagine Greg Norman lugging 200 pounds of documents into a deposition.

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Looks Like TaylorMade and Callaway Will Settle Their Golf Club Patent Infringement Battle

As you may recall from a prior post, and the subsequent update, in early August Callaway filed two patent infringement lawsuits against TaylorMade…. (history)…. On October 31st the Court reported that TaylorMade and Callaway participated in an Early Neutral Evaluation Conference and that there is hope that a full settlement can be achieved within approximately 30 days. Click HERE to read the Court’s report. Darn, it would have been fun watching each side try to invalidate the other’s patents! Looks like we will never know how they worked it out ($$$), if indeed they do.

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Yet Another Adjustable Driver… Will It Ever Make it to Market?

“Club head adjustability” does not receive quite as much marketing hype as “MOI,” but it sure gets a lot of attention. This week a patent application published that is directed to an interesting adjustable driver design (US Pub. No. 20070265108). Check out these drawings from the application…….. I would like to take one of these to the range and watch the changing ball flight as the weight(s) is moved around the club head.

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Branding the Celebrity Athlete… An Example of Why Athlete Agents and Managers Must Monitor Trademark Filings; Has Tiger Woods Been Doing Some Tax Planning?

As if the agents and managers of celebrity athletes don’t have enough to do… an understanding of the trademark application and monitoring processes is essential (and not just in the US). So, what inspired this post? Recently a trademark application for the mark TIGER WOODS was filed in the US (serial number 79041026) directed to the following goods and services:….. Seems legitimate, right? Heck, the applicant is even listed as Tiger Woods Enterprises, SA. Well… the applicant is a Swiss company, not Tiger’s Florida company ETW Corporation; which is listed as the owner of all of Tiger’s other US trademarks. So, is the application legit or is someone trying to prey on Tiger’s good name? Perhaps, Tiger and his agent / manager are the only ones that know for sure, but a trusted source tells me that the Swiss law firm that filed the international application is very reputable, leading me to believe that the application is legitimate. Has Tiger been doing some sophisticated international tax planning? Legit or not… it is a good illustration of why celebrity agents and managers need to constantly monitor trademark filings.

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Columbus is Ranked as 2nd Best Golf City in the US! Aside from the Weather, I Agree

Golf Magazine ranked the 50 biggest cities in terms of the “best place to live the golf life.” The rankings were based upon seven factors; weather, affordability, quality of courses, accessibility, number of courses designed by esteemed architects, availability, and crowdedness. Click here to read about golf in my town. Imagine where Columbus would rank if we had decent weather 12 months a year.

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There is No Way You Can Identify This Iron?

The Golf-Patents blog loves to test your knowledge of iron club head designs (just click here, here, here, here, here, here, here, here, and here to brush-up). Today’s test borders on the impossible (unless you work for the company). The figure below comes from a golf club design patent that issued today. Can you identify the brand of irons?

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Another GPS Lawsuit, This Time GPS Industries Finds Themselves on the Receiving End… ProLink Sues GPS Industries and Others

Regular readers of the Golf-Patents blog know all about the patent litigation in the golf GPS industry. Well, add another lawsuit to the mix. On November 1st ProLink sued GPS Industries (click here to view the Complaint). The lawsuit seeks a declaratory judgment that USPN 5685786 is invalid and not infringed by ProLink and alleges that GPS Industries is infringing ProLink’s USPN 6525690, USPN 6236940, and USPN 6470242…..

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GPS Industries Files Reply Brief in Support of Their Motion for Preliminary Injunction Against SkyHawke (maker of the SkyCaddie product)… Now it is up to the Court to Rule on the Motion… Plus My Prediction

Update on the SkyCaddie injunction issue… As you may recall, GPS Industries singled out SkyHawke (maker of SkyCaddie) and filed a motion for a preliminary injunction in an attempt to stop sales of the SkyCaddie devices. In response, SkyHawke filed a pretty compelling response to the preliminary injunction motion.
This week GPS Industries filed their reply brief in support of their motion for preliminary injunction, ending the chain of filings and leaving it to the court to now rule on the motion… and my prediction… plus what I will do if I am wrong.

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Clone Golf Club Patent Infringement Litigation: Callaway Cracks the Whip on the Clones

How would you like to be on the receiving end of a Complaint in which golf giant Callaway accuses you of (i) infringing one UTILITY patent, (ii) infringing three DESIGN patents, (3) infringing two trademarks, (4) trademark dilution, (5) breach of contract, (6) common law unfair competition, and (7) false advertising? This is exactly the position that King Sports, AT Golf, and M&M Golf are currently in. Fortunately, or unfortunately, for them… it is not the first time that the owners of these companies have been on the receiving end of legal ation by Callaway. You may wonder… “who the heck is King Sports, AT Golf, and M&M Golf?” Simply take a quick click-thru of the hyperlinks to visit their websites and you will immediately recognize the business that they are in… clone golf components……..(more, more, figures)……. The most entertaining part of the Complaint has to do with the allegations of false advertising. As most avid golfers know, the rear portion of Callaway’s top-of-the-line drivers are constructed of a non-metallic composite material. Apparently the Defendants like that construction and
……..

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Phil Mickelson Subpoenaed by Acushnet to Testify in the Callaway v. Acushnet Golf Ball Patent Infringement Lawsuit

The Callaway v. Acushnet golf ball patent infringement battle is still very active and today I was stunned to see that Acushnet issued a subpoena to take the testimony of Phil Mickeson. If you don’t already know… Phil plays a Callaway ball. The deposition was scheduled to take place on October 25th in Irvine, California. Now, I am sure that Phil is a bright guy, but what could a Psychology major have to say that would influence the outcome of a golf ball patent infringement lawsuit?

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Remember the Windage from the Fore Inventors Only Program? Well, Now the Windage Device Has a Design Patent

Do you recall the Windage powder distribution system from the Fore Inventors Only show on The Golf Channel? You know… the environmentally friendly powder that you squirt in the air to get a read on the wind direction. This week the inventors received a design patent covering the ornamental design of the distribution container that resembles a golf ball. The patents is USPN D553996 titled “Promotional Product Resembling a Golf Ball.” Check out this figure from the patent.

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