As you may recall from these prior posts (initial, update 1, update 2), 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). The list of defendants reads like a Who’s Who of the golfing GPS world.

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.

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. A significant portion of the motion, response, and reply were dedicated to dueling expert testimony.

So, what is my prediction? I give GPS Industries a 25% chance (at best) of success on the preliminary injunction. Now the disclaimer… this is a gut check guess, not a legal opinion. If I am wrong… I will purchase a handheld GPS unit from a licensee of GPS Industries. 

David Dawsey – Monitoring Golf Litigation