As you may recall from a prior post, Callaway sued Acushnet for golf ball patent infringement back in February of 2006. The suit (1:06-cv-00091-SLR) alleges that Acushnet infringed 4 patents and has roots that extend all the way back to a previously settled 1996 lawsuit between Spalding and Acushnet. A prior post discussed the fact that Acushnet issued a subpoena to take the testimony of Phil Mickelson on October 25th in Irvine, California.

Now Acushnet has their eyes on Greg Norman and plan to take his deposition on November 26th in Jupiter Florida. Check out this list of documents that Greg is supposed to bring to the deposition.

DOCUMENT REQUESTS

REQUEST FOR PRODUCTION NO. 1: All contracts, letters or memos of understanding and/or agreements between you and Callaway, executed at any time.

REQUEST FOR PRODUCTION NO. 2: All documents relating to the negotiation of any contracts, agreements and/or other understandings between you and Callaway, whether or not executed, including without limitation communications regarding terms and drafts.

REQUEST FOR PRODUCTION NO. 3: All communications between you and Callaway that refer or relate to the characteristics of golf balls.

REQUEST FOR PRODUCTION NO. 4: All communications between you and Callaway that refer or relate to any Callaway golf ball.

REQUEST FOR PRODUCTION NO. 5: All communications between you and Callaway that refer or relate to any Titleist golf ball.

REQUEST FOR PRODUCTION NO. 6: All documents reflecting communications or discussions between you and any person, including emails, text messages, letters or other documents you sent to or received from your agents, the press, Tour players, friends, or anyone else regarding Titleist golf balls and/or Callaway golf balls.

REQUEST FOR PRODUCTION NO. 7: All documents that refer or relate to communications between you and Acushnet.

REQUEST FOR PRODUCTION NO. 8: All documents that refer or relate to your decision to enter into any and all agreements whereby you endorsed or used any golf ball, including without limitation any Callaway or Titleist golf ball.

REQUEST FOR PRODUCTION NO. 9: All documents that refer or relate to your testing and/or use of any golf ball, including without limitation any Callaway or Titleist golf ball.

REQUEST FOR PRODUCTION NO. 10: All documents that refer or relate to communications between you and Callaway.

REQUEST FOR PRODUCTION NO. 11: Documents sufficient to show the amount paid to you or offered to be paid to you, whether in the form of money or any other form of compensation, by Callaway at any time.

REQUEST FOR PRODUCTION NO. 12: All advertisements for golf equipment, including without limitation golf balls and golf clubs, in any country, including but not limited to those appearing in print media, on-line, on television, and on radio, in which you appear.

REQUEST FOR PRODUCTION NO. 13: All documents reflecting interviews with you or quotes attributed to you referring or relating to performance or construction of golf balls, including without limitation Callaway golf balls and/or Titleist golf balls.

REQUEST FOR PRODUCTION NO. 14: All documents related to this litigation and/or the patents-in-suit.

REQUEST FOR PRODUCTION NO. 15: All communications between you and any other party, including without limitation Callaway, that refer or relate to this litigation.

REQUEST FOR PRODUCTION NO. 16: All communications between you and any other party, including without limitation Callaway, that refer or relate to the patents-in-suit.

REQUEST FOR PRODUCTION NO. 17: All documents referring or relating to attempts to select or design a golf ball for your use.

REQUEST FOR PRODUCTION NO. 18: All documents referring or relating to any payments, including without limitation compensation or reimbursements, received, offered, requested or due from any party for any work, meetings, or testimony related to this litigation.

REQUEST FOR PRODUCTION NO. 20: All documents referring or relating to any comparisons between Callaway or Titleist golf balls and any other golf balls.

REQUEST FOR PRODUCTION NO. 21: All documents referring or relating to the effect multi-layer golf balls have had on the game of golf, including without limitation equipment design or golf course architecture.

REQUEST FOR PRODUCTION NO. 22: All documents reflecting interviews with you or quotes attributed to you referring or relating to the performance, characteristics, or construction of golf balls, including without limitation the effect of changes in design on the design of golf equipment and golf course architecture.

Can you imagine Greg Norman lugging 200 pounds of documents into a deposition.

Interesting stuff.

David Dawsey – The IP Golf Guy