The United States Court of Appeals for the Federal Circuit has affirmed a district court’s grant of summary judgment of non-infringement, without opinion, in favor of TaylorMade Golf Company.
In 2007, Plano, TX-based Dogleg Right Corporation and Dogleg Right Partners, LP sued TaylorMade Golf for patent infringement in the Eastern District of Texas. Dogleg Right designs, develops, markets and manufactures golf equipment designed to improve a golfer’s performance and “enjoyment of the game.”
In its complaint, the plaintiffs alleged that TaylorMade infringed upon two patents issued by the United States Patent and Trademark Office: U. S. Patent No. 7,189,169 and U. S. Patent No. 7,004,852, both entitled “Customizable Center-of-Gravity Golf Club Head.” Dogleg Right Partners, LP is the exclusive licensee of both patents.
The patents, according to the plaintiff, cover technology that allows the user to adjust the center of gravity of the golf club head in up to three dimensions in order to produce golf ball trajectories varying from high to low fades, high to low draws, and high to low straight shots. The club head also features more workable, or “forgiving,” playing characteristics.
The plaintiffs alleged that several TaylorMade products, which are used by golfers ranging from PGA Tour players to amateurs, infringed upon its patents.
The defendants moved for summary judgment, which was affirmed by U.S. Magistrate Judge Charles Everingham IV, who found that the accused r7 and R9 products of TaylorMade do not infringe any of the asserted claims of the patents-in-suit.
Bill Reimus, TaylorMade’s Senior Vice President and General Counsel, said, “We are pleased that our position has been vindicated by the Federal Circuit’s decision. We respect the intellectual property rights of others and we expect that others will respect ours. However, if and when infringement is alleged without basis, we will defend ourselves vigorously, as in the present case.”
Attorneys of record: (for plaintiffs) Alan Loewinsohn, Senior Partner with the law firm of Loewinsohn Flegle Deary, LLP in Dallas.
