Big Bertha Comes Under Fire from Triple Tee Golf

Yesterday Triple Tee Golf teed off a new patent infringement lawsuit against Callaway Golf, continuing its quest to monetize US Patent 7128660 (full Complaint here). As industry insiders know, Triple Tee Golf is no stranger to litigation, and rarely do their lawsuits go smoothly (not that any really do). In fact, the patent that is the subject of this latest lawsuit has been previously litigated (info here) and has been through two reexaminations at the patent office, leaving it as only a shell of its original glory (which may be why Callaway declined a license).

Somewhat interesting portions of the Complaint are reproduced below:

7. The Plaintiff has previously advised Defendant Callaway Company of the ‘660 patent which it holds, sufficiently to satisfy the notice requirements of 35 U S.C. 287(a), and by expressly offering to said Defendant a license under its ‘660 patent. Said Defendant has declined such a license.
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13. Defendants infringements of the Patent include, but are not limited to, various models of Defendants’ award winning golf drivers known as the Callaway Big Bertha and Great Big Bertha Drivers, examples of which are shown in Exhs. D and E herewith.
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14A . Defendants’ said clubs infringe the Patent by reason of their structures which enable the end user to practice methods of modification of golf club performance to control hook and slice, launch angle, ball penetration, backspin, trajectory, and ballooning.

This should be an interesting lawsuit to follow!

Dave Dawsey – The Golf Litigation Attorney

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