Unbelievable, Acushnet Sinks a Fifty Footer and Wins the ProV1 Litigation
Better than a hole-in-one for Acushnet! Amazing. You can read the jury’s Verdict Sheet HERE. Now will it end? Probably not!…..
Read moreBetter than a hole-in-one for Acushnet! Amazing. You can read the jury’s Verdict Sheet HERE. Now will it end? Probably not!…..
Read moreWant to get a flavor for the ProV1 golf ball patent litigation and what the jury will be deliberating? If so, check out the Final Jury Instructions read by the judge to the jury. It is pretty interesting reading and gives you a feel for what the jury will be considering!….
Read morePhil’s testimony was excluded from the first ProV1 trial, but Callaway is doing their best to get it admitted in the second trial. This week Callaway filed a motion titled “Callaway Golf’s Motion to Introduce Deposition Testimony from Phil Mickelson,” which explained their view of why his deposition testimony is important to the case. The motion explains….
Read moreWe have heard all about Furyk’s never ending search for the perfect new driver. In fact, I have heard too much about it. Well, this week a SRI patent issued that may give us a look at the next one we see in his bag, or not. Check out this beauty!…. My prediction is….
Read moreGolf ball patents and patent applications are generally one of two types. First, the most common type is directed to the complex composition of one or more layers of the ball, and you generally need an advanced degree in chemistry or polymer engineering to make heads or tails of what has been invented. The second type is directed to the general construction of the ball, often with emphasis on the surface pattern and the related aerodynamics; these are the applications that I find fascinating and are something that the average golfer can appreciate. Lately there has been a trend toward golf ball patent applications directed to improving the aerodynamics of the ball with some rather unconventional surface patterns; and I call them “surface patterns” because they are just too far removed from what most golfers think of as a dimple. In fact, you may recall THIS recent post in which I questioned if the traditional dimple has reached the end of its useful life. Well, today an aerodynamic golf ball patent application was published that discloses a golf ball that is probably unlike anything you could have imagined. Check out this golf ball disclosed in an Acushnet patent application that became public this week….. Pretty amazing stuff! Are the days of the traditional circular dimple numbered?…..
Read moreOver the years I have covered a few of Scotty Cameron’s inventions (HERE, HERE, and HERE). Well, last week he had an interesting design patent issued titled “Front Face of a Putter” (USPN D611,553). Check out this putter face patent!….. Pretty cool, but I am still not sure I am ready to shell out the premium required to have a Cameron putter.
Read moreBoy, in the past six months Nike has given me a lot of material to write about; just see these posts HERE, HERE, HERE, and HERE. Well, here is another patent application that published last week. Check out this design….. So, are they taking the adjustability band wagon too far?…..
Read moreIf you frequent this site then you know that in the past six months I have authored several posts (HERE, HERE, and HERE) regarding some pretty cool, albeit unconventional, designs by Nike. Well, this week another Nike patent application became publicly available and it gives us a look at another interesting design that they have come up with. The patent application published as US Pub. No. 20100062874 titled “Golf Club Head and Golf Club with Tension Element and Tensioning Member,” and explains….. Interesting concept, but this is design that I would have to see to believe…..
Read moreThe following is a statement of what Acushnet intends to prove during the ProV1 trial. The most interesting portion contains a statement regarding how much Callaway feels they are entitled to as a result of the alleged infringement. It should be no surprise that Acushnet disagrees. Enjoy….. I actually expected the number to be even higher!….
Read moreSo far this week we have looked at the facts that Callaway and Acushnet agree upon and we have seen the facts that they intend to litigate; let’s now look at the legal issues that will be litigated. The following is taken from Acushnet’s Statement Of Issues of Law That Remain To Be Litigated; it is long, but I guarantee you will will learn a lot if you read it (and I have highlighted the most interesting portions)…… As you can see, patent law is complex and I am sure the jurors have no idea of what they will be in for!
Read moreFacts are facts, right? Well, not necessarily. The following are issues of fact that will be litigated in the ProV1 dispute…..
Read moreIn patent litigation it is generally pretty hard for the parties to agree upon anything. Fortunately, a court can be pretty persuasive in forcing the parties to state the facts that they cannot fight about. Here are a few facts that Callaway and Acushnet have agreed upon in the ProV1 litigation…..
Read moreYesterday we looked at the jointly proposed voir dire for the ProV1 patent infringement trial; today let’s look at the jointly proposed jury instructions…. Interesting stuff. I suspect that some of you, like me, would pay to be on the jury…..
Read moreJury selection begins this Friday for the big ProV1 trial. This could be the jury that awards the largest amount of damages in golf history; but it could also be the jury that awards nada. In this case it isn’t very often that Callaway and Acushnet agree on anything, therefore let’s take a look at their jointly proposed voir dire designed to screen prospective jurors……. What are your thoughts? Are these questions good enough to identify the crazies or those with bias? I wonder if one side or the other is better off having jurors that are golfers? Interesting question that Callaway and Acushnet have probably studied in detail. What about the USGA question? Would you want people associated with the USGA on the jury, or excluded from it?…..
Read moreA patent issued this week directed to a golf club manufacturing technique that is rather interesting. The patent is USPN 7,670,532 titled “Golf Club Head and Method of Making the Same,” and describes the invention as…..
Read moreThat’s right, green is in (and very PC). Still, I was surprised to see an Acushnet patent application publish today titled “Recyclable Golf Ball and Method Therefor.” (US Pub. No. 20100056305) Just close your eyes and imagine golf ball recycling kiosks in every pro shop. Perhaps one at the local grocery store; you know, right next to the can recycling kiosk, the change counting kiosk, the DVD rental kiosk, and the game with the hanging claw and crappy stuffed animals. I think I just heard a tear fall and hit your keyboard. When you read the number of patent applications that I do, eventually you will start to believe that kiosks are about to take over the world. So, what does Acushnet have in mind? Well, I will let the patent application explain the situation….
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