Are You Fitting With A Launch Monitor? Consider This Patent Litigation
This week Max Out Golf, LLC sued COOL CLUBS, LLC / M&P GOLF, LLC and WORLDWIDE GOLF, INC. for alleged patent infringement. Golf gear heads will undoubtedly be familiar with Cool Clubs, and all indications suggest that WORLDWIDE GOLF, INC. is associated with Worldwide Golf Shops, parent company to Roger Dunn Golf Shops, Edwin Watts Golf Shops, Golfer’s Warehouse, The Golf Mart ,Van’s Golf Shops and Uinta Golf.
So what’s the beef? Max Out alleges that their patents, United States Patent Nos. 8696497 and 7967695, are being infringed. The formal complaints may be viewed HERE and HERE, with some of the more interested parts being reproduced below.
WITH RESPECT TO COOL CLUBS, LLC / M&P GOLF, LLC
16. As a part of its business, Defendants own, use, and/or operate at least one golf equipment fitting system that uses advanced technology to identify optimum equipment for the golfer and to assist in correcting swing flaws.
.
.
.
.
23. On information and belief, Defendants have directly infringed and continue to directly infringe one or more claims of the ‘497 Patent, in violation of 35 U.S.C. § 271(a), by, among other things, making, using, offering for sale, and/or selling a golf equipment fitting system that uses advanced technology to objectively identify the optimum equipment for the golfer and correct swing flaws so that the golfer can achieved optimum performance on the golf course.
24. On information and belief, Defendants are contributorily infringing, will induce, are inducing and have induced infringement of one or more claims of the ‘497 Patent by offering to sell and selling golf club fitting services utilizing TrackMan launch monitor and/or TrackMan Pro, including current and preceding versions, to customers, buyers, sellers, users and others who directly infringe the ‘497 Patent.
25. On information and belief, Defendants have had knowledge of the ‘497 Patent at least as early as April 6, 2015, the day that Cool Clubs LLC was served with a written invitation to license, which specifically identified the ‘497 Patent.
26. On information and belief, Defendants have not changed or modified their infringing behavior since April 6, 2015 and said infringement is committed with full knowledge of Plaintiff’s rights under the ‘497 Patent and in willful and wanton disregard thereof, rendering this an exceptional case under 35 U.S.C. § 285.
27. On information and belief, despite Defendants’ knowledge of the ‘497 Patent, Defendants have continued and are continuing to sell and offer to sell golf club fitting services utilizing the TrackMan launch monitor and//or TrackMan Pro, to third parties with the object of promoting their use to infringe, as shown by Defendants’ clear expression and other affirmative steps taken to foster infringement by their customers.
28. Defendants’ aforesaid infringing activity has directly and proximately caused damage to Plaintiff Max Out Golf, including loss of profits from sales and/or licensing revenues it would have made but for the infringements. Unless enjoined, the aforesaid infringing activity will continue and will cause irreparable injury to Max Out Golf, for which there is no adequate remedy at law.
WITH RESPECT TO WORLDWIDE GOLF, INC
14. As a part of its business, Defendant owns, uses, and/or operates at least one golf equipment fitting system that uses advanced technology to identify optimum equipment for the golfer and to assist in correcting swing flaws.
.
.
.
.
21. On information and belief, Defendant has directly infringed and continues to directly infringe one or more claims of the ‘497 Patent, in violation of 35 U.S.C. § 271(a), by, among other things, making, using, offering for sale, and/or selling a golf equipment fitting system that uses advanced technology to objectively identify the optimum equipment for the golfer and correct swing flaws so that the golfer can achieved optimum performance on the golf course.
22. On information and belief, Defendant is contributorily infringing, will induce, is inducing and has induced infringement of one or more claims of the ‘497 Patent by offering to sell and selling golf club fitting services using GC2 and Foresight Sports’ FSX FitModule, including current and preceding versions, to customers, buyers, sellers, users and others who directly infringe the ‘497 Patent.
23. On information and belief, Defendant has had knowledge of the ‘497 Patent at least as early as April 6, 2015, the day that it was served with a written invitation to license, which specifically identified the ‘497 Patent.
24. On information and belief, Defendant has not changed or modified its infringing behavior since April 6, 2015 and said infringement is committed with full knowledge of Plaintiff’s rights under the ‘497 Patent and in willful and wanton disregard thereof, rendering this an exceptional case under 35 U.S.C. § 285.
25. On information and belief, despite Defendant’s knowledge of the ‘497 Patent, Defendant has continued and is continuing to sell and offer to sell the GolfMart fitting service, including use of GC2 and Foresight Sports’ FSX FitModule club fitting software, to third parties with the object of promoting their use to infringe, as shown by Defendant’s clear expression and other affirmative steps taken to foster infringement by their customers.
26. Defendant’s aforesaid infringing activity has directly and proximately caused damage to Plaintiff Max Out Golf, including loss of profits from sales and/or licensing revenues it would have made but for the infringements. Unless enjoined, the aforesaid infringing activity will continue and will cause irreparable injury to Max Out Golf, for which there is no adequate remedy at law.
This litigation has wide reaching implications on the industry and will be interesting to watch (provided the defendants fight). Will anyone in the industry stands up to challenge the patents?
Dave Dawsey – The Eyes & Ears of Golf Patent Litigation
PS – follow me on Twitter (@GolfPatents) and sign-up HERE to receive posts via email.
PPS – If you like what we are doing, please considering helping us out and make your online gear purchases through our Amazon affiliate link. Every little purchase helps us keep the site up and running! Thanks.