A Big Week in the World of Golf Shoe Design Patents… Who Says the Golf-Patents Blog Doesn’t Cover Fashion?

I knew that title would get you interested… but seriously, this post may contain the next hot new golf shoe design and perhaps a glimpse into future FootJoy offerings. Yesterday Acushnet was granted 6 golf shoe design patents. The patents are USPN’s D560338, D560339, D560340, D560341, D560342, and D560343; all titled “Golf Shoe Upper.” Recognize any of these styles?…..

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Maker of the SuperStroke Putter Grip (made famous by KJ) Sues Tacki-Mac Grips and Energy Grips for Golf Grip Patent Infringement

On Friday Stroke Solutions, Inc., maker of the SuperStroke putter grip that KJ has made famous, filed patent infringement lawsuits against Tacki-Mac Grips, Inc. and Energy Grip, Inc. in the Eastern District of Wisconsin. The actual Complaints filed with the court do not contain much information, but you can check them out HERE and HERE. The patent at the center of the dispute is USPN 6626768 titled “Putter Grip.” A few figures from the patent are found below….. I will keep you posted on this gripping patent infringement lawsuit….

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The Saga Continues… Acushnet Files Motion and Brief Requesting Judgment as a Matter of Law Regarding the Invalidity of Callaway’s Patents, OR a New Trial

Last week’s post titled “Callaway Seeks Permanent Injunction… Is There A Risk That Titleist ProV1’s Will No Longer Be Available?” has obtained the distinction of being the most widely read Golf-Patents blog post of all time! Well, this one should beat it. This post is not related to Callaway’s Motion for a permanent injunction; because Acushnet has not yet filed their response. Rather, this post is directed to Acushnet’s requests for “post-trial” relief.
Back on January 7th Acushnet filed a document entitled “Acushnet Company’s Motion for Post-Trial Relief.” (Click HERE to read the actual document) In this motion Acushnet renewed its motion for “judgment as a matter of law” as to the invalidity of Callaway’s patents-in-suit, and moved, in the alternative, for a new trial (and/or to alter or amend the Court’s judgment as to such claims). In this motion Acushnet stated:……. Basically the January 7th “Acushnet Company’s Motion for Post-Trial Relief” asserts that no reasonable jury could have come to the verdict that this particular jury came to, and it enumerates several alleged errors of the Court.
Now, this week Acushnet filed a brief in support of their January 7th motion. The brief is titled “Acushnet’s Opening Brief in Support of Its Motion for Post Trial Relief.” (Click HERE to read the entire brief in support)…….. While the Brief in Support included 6 exhibits, one exhibit in particular is very interesting (click HERE to view Exhibit 4). Exhibit 4 contains almost 60 slides used during Callaway’s opening statement at trial. Any golfer will enjoy skimming through these slides. Check them out………

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TaylorMade Answers Dogleg Right’s Golf Club Patent Infringement Accusations

As you will recall, last month Dogleg Right sued TaylorMade Golf alleging infringement of two of patents directed to CG customizable golf clubs. Click HERE to read a prior post on the subject. Today TaylorMade filed their Answer (click HERE to read) to the Dogleg Right Complaint (click HERE to read). TaylorMade’s Answer states that they do not infringe the Dogleg Right patents and allege that the patents are invalid. Frankly, the Answer is pretty boring and doesn’t contain any interesting tidbits of information. Essentially a boilerplate answer in response to a boilerplate complaint. Come on guys… where is the passion, the disgust, the outrage, the mudslinging… you know, the stuff that keeps a golf blog interesting?…

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A Fun Game… If You Could Be The Agent Of Any 5 Of The Top 150 Golfers, Who Would They Be?

I often think… “man, serving as an agent to a few of the guys out on the PGA Tour must be a sweet life.” Negotiate some contracts, arrange some cool endorsement deals, travel to the best courses, and perhaps arrange for a cab ride home after a client has a late night performing ” Knockin’ on Heaven’s Door.” The real fun starts when you ask yourself… if I could represent 5 of the top 150 players in the world, who would it be? Now, forget about Tiger or Phil… in fact, assume that the top 5 players aren’t eligible for your selection; it makes the selection process much more interesting.
A starting point in the selection process should be a review of the Golf Digest 50. Obviously you want golfers that can play, but let’s face it… players that have a little personality generally make more money off the course than they do from tournament earnings. In fact, I would go as far as saying that there is some sort of problem if a golfer’s on-course earnings exceed their off-course earnings.
Scrolling down the Golf Digest 50 the first time a player’s on-course revenues exceed their off-course revenues occurs with KJ Choi ($5.8 mill on-course versus $3.7 mill off-course). Still, not a bad off-course number. The next occurrence of off-course revenues being less than on-course revenues occurs with Rory Sabbatini ($6.3 mill on-course versus $2.85 off-course). Rory’s discrepancy is worse than KJ’s, but is nothing compared Steve Stricker ($7.6 mill on-course versus $1.5 mill off-course). Heck, I would be honored to represent any of these guys; but they did not make my top 5 wish list.
The lazy man would simply pick good golfers that already have a high off-course income stream. Not me. I would actually want to make a difference. How great would it be to say to a golfer… “look, I increased your off-course revenues by $1.5 million this past year, heck… you would have to win the Masters to increase your on-course revenues by that much.” So, who is on my dream team? … drum roll please… (list)… Who is in your top 5 dream team?

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Golf GPS Lawsuit Update

I have received several emails recently inquiring as to the status of the GPS patent infringement litigation against SkyHawke (maker of SkyCaddie), and others. As you may recall from these prior posts (initial, update 1, update 2, update 3, and update 4), on May 11th GPS Industries and Optimal IP Holdings filed a patent infringement lawsuit against 10 defendants (3:07CV0831-K, Northern District of Texas, Dallas Division). GPS Industries then singled out SkyHawke (maker of SkyCaddie) and filed a motion for a preliminary injunction. In response, SkyHawke filed a pretty compelling response to the preliminary injunction motion. The court then denied the preliminary injunction motion. Now the case will enter the slow-motion stage of the litigation, and we have the schedule to prove it. On January 14th the parties filed a Joint Status Report (click here to read) laying out a proposed litigation schedule from now until a November 2, 2009 jury trial date. That’s not a typo… November 2, 2009! Don’t worry….

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Can You Identify This Putter? If So… You Know Your Putters!

Golf-Patents.com has repeatedly used putter design patents to test your knowledge of putter designs (example 1, example 2, example 3, example 4, example 5, example 6, example 7, example 8, and example 9). Today a unique golf putter design patent issued that is directed to the profile of a groove that runs across the top of the putter. Check out the drawings below and pay particular attention to the groove cross-section. Can identify the make and model? (I could not) …

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Acushnet Serves Subpoena on the USGA!

Regular readers of the Golf-Patents blog know that Callaway and Acushnet are slugging it out regarding golf balls and golf clubs. Click here to brush up on the background of the golf club patent infringement lawsuit. The most recent interesting event in the club lawsuit involves a subpoena being served on the USGA by Acushnet (click here to read the original subpoena). The key points from the subpoena are: …. (complete list requesting tons of information)…. I don’t know if the USGA has been in this position before, although I suspect that they have. If not, I hope they handle this issue very carefully or every golf equipment patent infringement lawsuit will include a subpoena to the USGA for every test performed by the USGA, and all data gathered, since the beginning of time. Further, if the USGA turned over all the information requested above they would essentially be giving Acushnet and Callaway leads as to which other club makers may be infringing their patents. From a golfer’s perspective, this subpoena makes me mad… after all, why should my USGA membership dollars be wasted helping any golf equipment manufacturer’s legal actions! From a lawyer’s perspective, I can appreciate that the USGA has a treasure trove of information that any equipment company would love to get their hands on. A cynic could take this further and say… “why should a manufacturer spend millions on an R&D department gathering critical performance data on every club ever made… just orchestrate a lawsuit every few years so you can subpoena the USGA and see what type of information they have gathered.” Unfortunately for the USGA, I suspect that they will end up flushing tens of thousands of dollars down the drain just formulating a plan and responding to the subpoena. It will take a lot of $15 memberships to offset the costs associated with this one subpoena!….

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Callaway Seeks Permanent Injunction… Is There A Risk That Titleist ProV1’s Will No Longer Be Available?

As you will recall from the prior post regarding the verdict in the Callaway v. Acushnet… last month a jury found that 8 of the 9 claims at issue are valid… and therefore infringed by Acushnet. Then, a Callaway spokeswoman said… “We have now established in court that our golf ball patents are valid, and that Titleist Pro V1 golf balls infringe those patents. We will immediately start the process of requesting an appropriate remedy, including injunctive relief and damages.” Ouch! Well, it has happened… Callaway has filed a motion for a PERMANENT injunction (motion, proposed order, and redacted supporting brief). Check out these two paragraphs from Callaway’s proposed order!…… Can you imagine if the court issued an Order containing those two paragraphs! I must admit, the “redacted supporting brief” is pretty compelling… any golfer that plays ProV1’s should read this brief, it is fascinating…

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Golf Clubs Simply Need Wings and Fins! Can So Many Inventors Be Wrong?

As I expressed in this prior post, I love golfers’ commitment to the belief that golf club heads should have fins and wings! Recently a patent application published that espouses all the perceived benefits of wings. The application is US Pub. No. 20070293333 titled “Golf Club.” Check out these amazing designs!….The application describes the invention as:….I don’t know how this patent application “flew” under my radar!

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The IP Golf Guy Discusses “Piracy, Counterfeiting, and Employer-Employee IP Issues” on the Small Business Advocate® Radio Program

I was honored to be a guest on the nationally syndicated Small Business Advocate® radio show this morning. Jim Blasingame and I discussed piracy, counterfeiting, and employer-employee intellectual property issues. I have been a fan of Jim’s show for close to 10 years and highly recommend it.
I encourage you to listen to the interview here.

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Read Your January 19th Edition of Golfweek Very Carefully

The title of the post instructs you to read this week’s Golfweek magazine very carefully for a very important reason… because if you don’t, you will miss a short comment by me regarding patents and USGA club adjustability (page 78), as well as a reference to the Golf-Patents blog. Check it out. The edition contains several great articles by Adam Schupak regarding various issues associated with the loosening of USGA adjustability rules.

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What Company Received the Most US Patents in 2007

Was it Cisco, Nokia, Texas Instruments, Toshiba, IBM, or Intel? Additionally, how many patents do you think this company was granted in 2007? (under 500, 501-1000, 1001-2000, 2001-3000, or more than 3000)….. (list) ….. Interestingly, U.S. companies only hold 7 of the top 25 spots in the list.
Don’t worry… I will have several similar posts directed specifically to companies in the golf industry very soon!…

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Get Your Alpha Case Crystals In Order!

Have you ever wondered if you should orient the hexagonal symmetry of your club’s alpha case crystals in a specific manner? Of course you have… I mean who hasn’t? What kind of golfer would you be if you couldn’t sketch out a hexagonal closely packed crystal structure (as seen below) in 30 seconds or less!…… Well, thankfully for all of us… there are engineers working in the golf industry that think about things such as the hexagonal symmetry of a club face’s alpha case crystals. Interestingly, according to a patent application that published yesterday, the orientation of the alpha case crystals in a club face plays a major role in the durability of the club head. In fact a table in the application indicates that a club head with a poor orientation may actually only have one-half the life span of a club head with good orientation. Amazing stuff! The application was filed by….

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Defendant King Sports Responds to Callaway’s Allegations

As you may recall from this prior post, Callaway recently accused a handful of clone club makers of (1) infringing one UTILITY patent, (2) infringing three DESIGN patents, (3) infringing two trademarks, (4) trademark dilution, (5) breach of contract, (6) common law unfair competition, and (7) false advertising!
One of the defendants has responded to the Complaint. The following affirmative defenses are included in King Sports’ Answer (click here to review the complete Answer):…. (list)…. Check out King Sports’ website and see if you agree with their affirmative defenses!

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Golf-Patents Birthday!

One year ago today I posted my first real blog entry. Check it out here. What a year! Hopefully the Golf-Patents blog has provided golfers with a better understanding of just how important intellectual property is to the golf industry. As always… I like to hear from readers regarding the topics and content that they enjoy most, so don’t hesitate to email me your thoughts. I am looking forward to a great second year in 2008!

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USPTO Statistics from the 2007 Fiscal Year

The close of another fiscal year at the USPTO brings forth some interesting statistics. For instance, the number of new patent applications filed in FY 2007 rose to 467,243; up over 4.8% from the 445,613 applications filed in FY 2006. (and those numbers don’t even include the 132,352 provisional applications filed in 2007!) Additionally, despite the USPTO again hiring over 1200 new patent examiners in the past year, the number of pending patent applications increased over 10% in the past year to 1,112,517. According to the statistics, an applicant, on average, will not receive a first office action until 25.3 months after their application is filed (up from 22.6 months in 2006). Furthermore, the average total pendency of an application in the USPTO has risen to over two and a half years! Did you know…

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Patent Litigation Continues to Rise… the Stats for 2007

IPLaw360 has reported that patent litigation increased by 6% in 2007, despite overall intellectual property litigation decreasing 8% in 2007. There were 2942 patent infringement cases filed in 2007 (up 6% from 2006, 9% from 2005, and 2% from 2004)! While it would be easy to say that the only segment of the population that benefits from this litigation are attorneys; that would simply be incorrect. I have observed that most intellectual property naysayers have never contributed anything innovative to society. Everyone should ask themselves… “why is the United States the most innovative country in the world?” Few experts would disagree that one of the key reasons is that innovation can be protected in the US (which includes enforcement). Hooray for the U.S.A… but how am I going to buy those ProV1’s if the price goes any higher due to patent litigation ( post 1, post 2)?….

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The Latest Invention Intended to Eliminate the Lost Golf Ball

I love inventions intended to reduce the number of lost golf balls… primarily because I can’t help asking myself the question… “how many golf balls would this device have to prevent me from losing just to pay for itself?” This week a patent application published (US Pub. No. 20080000364) with the title “Golf Ball Locating System and Methods of Use,” so I had to check it out. The invention is directed to magnetic ink on the golf ball and a handheld device using modified pulse induction technology and a beat-frequency oscillator. Sounds incredible right? Well, unfortunately the effective range seems to be 20 feet. That’s right… 20 feet! I think I will have to pass on this one, but I encourage you to check out the application because it is fairly interesting. (surely I am not the only one that would feel just a little embarrassed carrying one of these out on the course)… The following drawings come from the patent application…..

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Do You Recall ShaftSkinz from the Fore Inventors Only Show? Well, This Invention Sounds a lot Like a ShaftSkinz for the Flag Stick…

Remember those shrink-wrap decorative sleeves from the Fore Inventors Only show on The Golf Channel? The sleeves were referred to as ShaftSkinz and were designed to slide over your club’s shaft and shrink tight when exposed to the heat of a high-output hair dryer. While I don’t ever see myself using such a product, I can imagine that they may be popular with the youngsters and golf teams. Yesterday a patent application published with a title that got my attention; namely “Protective Barrier for a Golf Course Flag Stick.” A what? Why would a flag stick need a protective barrier? Well, the patent application explains that the flag stick needs protection from ambient environmental damage and damage that may occur from workers or golfers handling of such poles or flag sticks. I would have never guessed. Check out this claim from the patent application…

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So You Want to File Your Own Patent Application… Here is an Example of What Not to Do

You may recall from one of my prior posts titled “I Don’t Perform My Own Dentistry… “The Perfect Golf Tee” Patent Application Illustrates Why Most People Should Not Attempt to Draft Their Own Patent Applications” that some people are under the impression that applying for a patent is like applying for a drivers license. Guess what… it is not! As I have previously mentioned, not a week goes by in which I don’t receive a call from an inventor that believes that filing a patent application is similar to completing a driver’s license application (i.e. just a matter of completing some forms). Such inventors are often disgusted and mad that preparing a patent application is a lot of work, and therefore not inexpensive. I frequently direct them to self-help legal books on patent application drafting and tell them that if they read it from cover-to-cover at least twice, and follow the directions step-by-step, then they should be able to draft their own patent application. I have yet to see someone actually do it (let alone do it well). Since patent law is a pretty dry complex subject, one must find comic relief whenever possible. A recently published patent application provides just such comic relief. The published patent application is US Pub. No. 20070287559 titled “EcoSmart Golf Tee.” Experienced inventors know …

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More Nanotechnology… This Time in a Golf Ball

Yesterday I authored a post regarding irons with a nanocrystalline plating on their nonmetallic face. Keeping with the theme… an interesting “nano” related golf ball patent issued to Acushnet on January 1st. The patent is USPN 7314896 titled “Nano-Particulate Blends with Fully-Neutralized Ionomeric Polymers for Golf Ball Layers” and describes the invention as… Wow, that is a mouthful… and explains why I don’t do too many golf ball patent posts… because they would put most of the Golf-Patents readers to sleep! Still pretty interesting….

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Another Counterfeit Golf Club Bust, This Time in Plano Texas

A second counterfeit golf club bust in less than a month! (click here to read about a prior bust) The latest bust included a raid on December 14th in Plano Texas. Click here to check out the press release…….. PS – Just my luck… I was actually playing golf in Plano Texas on December 14th and no one tipped me off so that I could ride along for the bust. No respect!

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If You Love Technology and Golf, Then These Irons May be for You

Would you consider playing irons that have a non-metallic face? How about a non-metallic face plated with nanocrystalline material? Does it just sound too futuristic?
Within the past 2 weeks Callaway had an interesting patent application publish directed to just such a set of irons. The published patent application is US Pub. No. 20070293348 titled “Iron Golf Club with Nanocrystalline Face Insert.” The patent application is directed to an iron with…

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10 Intellectual Property Goals for the New Year

‘Tis the season of New Year resolutions. As we all know, New Year resolutions are rarely successfully carried out past March or April. Therefore, successful companies have New Year goals, not resolutions. Such goals are infinitely more likely to be successfully implemented if they are written down in a specific quantifiable fashion. If you have specific quantifiable goals directed toward intellectual property (IP) then congratulations, you are in the minority. We have identified 10 New Year goals relating to intellectual property that each and every company should consider annually, regardless of size or industry….

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