As you may recall from a prior post, in early August Callaway filed two patent infringement lawsuits against TaylorMade. Callaway filed one patent infringement complaint in the “rocket docket” Eastern District of Texas alleging that TaylorMade has willfully infringed USPN 5704849 titled “Golf Club Head with Audible Vibration Attenuation.” While Callaway filed the second patent infringement suit in the Southern District of California alleging that TaylorMade has willfully infringed a couple of Callaway’s golf ball patents (USPN’s 6638185 and 7160207), and also alleging that four of TaylorMade’s patents (USPN’s 6547678, 6991558, 7197575, and 6719644) are invalid.
On Tuesday TaylorMade filed their responses in the two cases (reproduced below for your reading enjoyment).
It should be no surprise that TaylorMade responded with counterclaims alleging that Callaway has indeed infringed USPN’s 6547678, 6719644, 6991558, and 7197575, and alleging the unenforceability, invalidity, and/or noninfringement of Callaway’s USPN’s 5704849, 6638185, and 7160207.
OK, we already knew that all those patents would be at issue, but TaylorMade took an additional stab at Callaway and has alleged unenforceability, invalidity, and noninfringement of two additional Callaway patents; namely USPNs 5409229 and 5605511 both titled “Golf Club Head with Audible Vibration Attenuation.”
Looks like this may turn into a huge battle...
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