1 TERRY D. GARNETT (SBN 151212) DONALD A. MILLER (SBN ...
Transcript of 1 TERRY D. GARNETT (SBN 151212) DONALD A. MILLER (SBN ...
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14760374.3
222769-10177 COMPLAINT
Loeb & Loeb A Limited Liability Partnership
Including Professional Corporations
TERRY D. GARNETT (SBN 151212) DONALD A. MILLER (SBN 228753) Loeb & Loeb LLP 10100 Santa Monica Blvd., Suite 2200 Los Angeles, CA 90067 Telephone: 310.282.2000 Facsimile: 310.282.2200 Email: [email protected] Email: [email protected] ADAM G. KELLY (pro hac vice application pending) Loeb & Loeb LLP 321 North Clark Street, Suite 2300 Chicago, Illinois 60654 Phone: (312) 464-3100 Fax: (312) 873-4187 Email: [email protected] Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION
Parsons Xtreme Golf, LLC, a Delaware limited liability company,
Plaintiff,
vs.
Worldwide Golf Enterprises, Inc., a California corporation,
Defendant.
Case No. 8:17-cv-01602
COMPLAINT
Case 8:17-cv-01602 Document 1 Filed 09/14/17 Page 1 of 20 Page ID #:1
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14760374.3
222769-10177 1 COMPLAINT
Loeb & Loeb A Limited Liability Partnership
Including Professional Corporations
For its Complaint against Defendant, Plaintiff Parsons Xtreme Golf, LLC
(hereinafter referred to as “PXG”) alleges as follows:
PARTIES, JURISDICTION AND VENUE
PARTIES
1. Plaintiff PXG is now, and has been at all relevant times, a Delaware
limited liability company, having its principal place of business in Scottsdale,
Arizona. PXG is properly registered in Arizona as a foreign limited liability
company authorized to do business in Arizona.
2. Defendant Worldwide Golf Enterprises, Inc. (“Worldwide Golf”) is
now, and has been at all relevant times, a California corporation having its principal
place of business in Santa Ana, CA.
JURISDICTION AND VENUE
3. This civil action includes claims for patent infringement arising under
the Patent Act of the United States, 35 U.S.C. §§ 1-376.
4. This Court has subject-matter jurisdiction over this action under 28
U.S.C. §§ 1331 and 1338.
5. This Court has personal jurisdiction over Worldwide Golf and venue is
proper in this District under 28 U.S.C. § 1400(b) because, upon information and
belief, Worldwide Golf is a California corporation with a principal executive office
located at 1430 S. Village Way Street, Santa Ana, CA 92705; and a principal
business office located at 1408 S. Village Way Street, Santa Ana CA 92705. Upon
information and belief, Defendant also sells or offers to sell infringing products in
this District, including in retail locations at 1421 Village Way, Santa Ana CA
92705; 10031-A Indiana Ave., Riverside CA 92503; 80555 Highway 111, Indio, CA
92201; and 11849 Foothill Blvd., Ste. D, Rancho Cucamonga, CA 91730.
Case 8:17-cv-01602 Document 1 Filed 09/14/17 Page 2 of 20 Page ID #:2
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14760374.3
222769-10177 2 COMPLAINT
Loeb & Loeb A Limited Liability Partnership
Including Professional Corporations
ALLEGATIONS COMMON TO ALL COUNTS
PXG INNOVATES THE 0311 IRONS
6. PXG, founded in September of 2014 by well-known business man,
philanthropist, and avid golfer Bob Parsons (“Parsons”), was born out of Parsons’
desire to make the world’s best golf equipment. Sparing no expense and with no
cost or time constraints, PXG engaged in the long process of researching various
alloys, exploring new technologies, and identifying unique properties that would
make PXG clubs unlike anything else. That effort innovated a new technology that
PXG implemented to create a revolutionary iron—one with an expanded sweet spot,
having an ultra-thin club face, and an elastic polymer material injected in the
hollow-bodied club head. That iron is not only better-performing, but it sounds and
feels great. The golf club incorporating PXG’s technology is called the 0311 iron,
and it immediately achieved meteoric success among nonprofessional golfers and
PGA and LPGA Tour professionals. As PXG’s advertisements suggest: “Nobody
makes golf clubs the way we do. Period.”
7. As a result of Parsons’ passion and PXG’s innovation, PXG has
developed a global patent portfolio of 128 patents. PXG has also introduced a full
line of golf clubs that have and continue to force golfers to change the way they
think about the game, and PXG has quickly become a premium international brand,
with retailers and distributors around the world.
8. A depiction of PXG’s flagship product, the 0311 iron, is here:
Case 8:17-cv-01602 Document 1 Filed 09/14/17 Page 3 of 20 Page ID #:3
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222769-10177 3 COMPLAINT
Loeb & Loeb A Limited Liability Partnership
Including Professional Corporations
THE PXG PATENTS
9. Parsons, along with Michael Nicolette (“Nicolette”), and Bradley
Schweigert (“Schweigert”) (collectively, the “Inventors”), are the inventors of a
variety of golf club heads and methods of manufacture of golf club heads, many of
which have resulted in issued patents.
10. One common depiction of a golf club embodiment taught in the
Inventors’ patents is a club at the address position with weight portions below the
midplane, for example in Figure 10:
11. Another depiction of a golf club embodiment taught in the Inventors’
patents is a cross-sectional view, which reveals the thin face, elastic polymer
materials filling the interior cavity, and weight portion below the midplane:
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Loeb & Loeb A Limited Liability Partnership
Including Professional Corporations
12. On February 24, 2015, the United States Patent and Trademark Office
(“PTO”) issued U.S. Patent No. 8,961,336 (the “’336 patent”), entitled “GOLF
CLUB HEADS AND METHODS TO MANUFACTURE GOLF CLUB HEADS”
to PXG. A true and correct copy of the ’336 patent is attached to this Complaint as
Exhibit A.
13. The ’336 patent teaches, without limitation, an iron-type golf club head
comprising a hollow body portion with an interior cavity filled with an elastic
polymer material, a first weight portion coupled to the hollow body at or proximate
to a top-and-toe transition region, and a second weight portion coupled to the hollow
body at or proximate to a sole-and-toe transition region, wherein the second weight
portion is located below a horizontal midplane of the golf club head.
14. On December 1, 2015, the PTO issued U.S. Patent No. 9,199,143 (the
“’143 patent”), entitled “GOLF CLUB HEADS AND METHODS TO
MANUFACTURE GOLF CLUB HEADS” to PXG. A true and correct copy of the
’143 patent is attached to this Complaint as Exhibit B.
15. The ’143 patent teaches, without limitation, an iron-type golf club head
comprising a hollow body portion with an interior cavity filled with an elastic
polymer material, a first weight portion coupled to the hollow body at or proximate
to a top-and-toe transition region, and a second weight portion coupled to the hollow
body at or proximate to a sole-and-toe transition region, wherein the second weight
portion is located below a horizontal midplane of the golf club head, and the first
weight portion has a mass less than the mass of the second weight portion.
16. On May 24, 2016, the PTO issued U.S. Patent No. 9,345,938 (the “’938
patent”), entitled “GOLF CLUB HEADS AND METHODS TO MANUFACTURE
GOLF CLUB HEADS” to PXG. A true and correct copy of the ’938 patent is
attached to this Complaint as Exhibit C.
17. The ’938 patent teaches, without limitation, a golf club head
comprising a hollow body portion having a face portion with a thickness of less than
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Loeb & Loeb A Limited Liability Partnership
Including Professional Corporations
or equal to 1.5 millimeters, an elastic polymer material in the interior cavity
configured to fill the interior cavity by injection molding, the elastic polymer being
attached to the face and configured to structurally support the face portion during
impact with a golf ball, and weight portions coupled to the hollow body portion
located above and below the horizontal midplane of the golf club head, wherein the
weight portion below the horizontal midplane is greater than the weight portion
above the horizontal midplane.
18. On May 24, 2016, the PTO issued U.S. Patent No. 9,346,203 (the “’203
patent”), entitled “GOLF CLUB HEADS AND METHODS TO MANUFACTURE
GOLF CLUB HEADS” to PXG. A true and correct copy of the ’203 patent is
attached to this Complaint as Exhibit D.
19. The ’203 patent teaches, without limitation, a method for forming a
hollow body portion having a toe portion, top portion, sole portion, back portion,
and front portion having a face, a first weight portion coupled to the hollow body at
or proximate to a top-and-toe transition region, and a second weight portion coupled
to the hollow body at or proximate to a sole-and-toe transition region, wherein the
second weight portion is located below a horizontal midplane of the golf club head,
and forming an interior cavity comprising an elastic polymer material configured to
at least partially absorb impact on the face portion.
20. On June 14, 2016, the PTO issued U.S. Patent No. 9,364,727 (the “’727
Patent”), entitled “GOLF CLUB HEADS AND METHODS TO MANUFACTURE
GOLF CLUB HEADS” to PXG. A true and correct copy of the ’727 patent is
attached to this Complaint as Exhibit E.
21. The ’727 patent teaches, without limitation, an iron-type golf club head
comprising a hollow body portion with an interior cavity filled with an elastic
polymer material injection molded in the interior cavity, a bonding portion, a first
weight portion coupled to the hollow body at or proximate to a top-and-toe
transition region, and a second weight portion coupled to the hollow body at or
Case 8:17-cv-01602 Document 1 Filed 09/14/17 Page 6 of 20 Page ID #:6
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Loeb & Loeb A Limited Liability Partnership
Including Professional Corporations
proximate to a sole-and-toe transition region, wherein the second weight portion is
located below a horizontal midplane of the golf club head, and the second weight
portion includes a greater number of weight portions than the first weight portion.
22. On January 3, 2016, the PTO issued U.S. Patent No. 9,533,201 (the
“’201 patent”), entitled “GOLF CLUB HEADS AND METHODS TO
MANUFACTURE GOLF CLUB HEADS” to PXG. A true and correct copy of the
’201 patent is attached to this Complaint as Exhibit F.
23. The ’201 patent teaches, without limitation, a golf club head
comprising a body portion having a toe portion, a heel portion, a top portion, a sole
portion, a back portion with weight portions, and a front portion having a face
portion with a thickness being less than or equal to 1.5 millimeters, an interior
cavity, a bonding portion, an elastic polymer injection molded in the cavity, wherein
the elastic polymer material is bonded to the bonding portion, and a greater number
of weight portions are located on the back portion below a horizontal midplane than
above the horizontal midplane.
24. On April 4, 2017, the PTO issued U.S. Patent No. 9,610,481 (the “’481
patent”), entitled “GOLF CLUB HEADS AND METHODS TO MANUFACTURE
GOLF CLUB HEADS” to PXG. A true and correct copy of the ’481 patent is
attached to this Complaint as Exhibit G.
25. The ’481 patent teaches, without limitation, a golf club head
comprising body portion having an interior cavity filled with an elastic polymer
material, wherein an elastic polymer material volume is related to a body portion
volume by the equation 0.2 ≤ Ve / Vb ≤ 0.5, where Ve is the elastic polymer material
volume in units of in3, and Vb is the body portion volume in units of in
3, wherein a
greater number of weight portions are located on the rear portion below a horizontal
midplane than above the horizontal midplane.
26. On June 13, 2017, the PTO issued U.S. Patent No. 9,675,853 (the “’853
patent”), entitled “GOLF CLUB HEADS AND METHODS TO MANUFACTURE
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Loeb & Loeb A Limited Liability Partnership
Including Professional Corporations
GOLF CLUB HEADS” to PXG. A true and correct copy of the ’853 patent is
attached to this Complaint as Exhibit H.
27. The ’853 patent teaches, without limitation, a golf club head
comprising a body portion with a front portion having a face portion with a
thickness less than or equal to 1.5 millimeters, an interior cavity, an elastic polymer
material injection molded in the interior cavity to structurally support the face
portion during the impact with a golf ball, and a bonding portion, wherein a greater
number of weight portions are located on the back portion of the body below a
horizontal midplane than above the horizontal midplane, wherein at least one weight
portion of the plurality of weight portions is constructed from different material than
the body portion.
28. For each patent referenced above, on or about the time of the filing of
the patent application, the Inventors assigned the entire right, title, and interest to the
patent application to PXG.
THE ACCUSED TAYLORMADE P790 IRONS
29. Among other products, Defendant offers for sale, sells, imports into the
United States, and/or distributes golf clubs under the name TaylorMade P790 (the
“P790 Products”).
30. An example of the P790 Products is depicted here:
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Loeb & Loeb A Limited Liability Partnership
Including Professional Corporations
31. The P790 Products exhibit a thin face, polymer material within the
interior cavity and weight portions below the midline of the club:
32. TaylorMade’s website and advertising materials confirm that each and
every element of at least claim 16 of the ’336 patent and claim 15 of the ’203 patent
reads on TaylorMade’s P790 Products.
33. Upon information and belief, each and every element of at least claim
15 of the ’143 patent, claim 15 of the ’938 patent, claim 16 of the ’727 patent, claim
1 of the ’201 patent, claim 1 of the ’481 patent, and claim 1 of the ’853 patent reads
on TaylorMade’s P790 Products.
34. Upon information and belief, Worldwide Golf is a California
corporation with a principal executive office located at 1430 S. Village Way Street,
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Loeb & Loeb A Limited Liability Partnership
Including Professional Corporations
Santa Ana, CA 92705; and a principal business office located at 1408 S. Village
Way Street, Santa Ana CA 92705. Upon information and belief, Defendant also
sells or offers to sell the infringing P790 Products in California retail stores.
Specifically, Worldwide Golf advertises via its website that consumers within
California may attend a “TaylorMade P790 Fitting Day” for the P790 Products at
various locations between September 21, 2017, and September 23, 2017, where,
upon information and belief, customers will be allowed to demo, select, and be fitted
for the P790 Products, as well as purchase those infringing products.
CAUSES OF ACTION
COUNT I
(U.S. Patent No. 8,961,336)
35. PXG realleges and incorporates by reference the preceding paragraphs
of this Complaint as though fully set forth herein.
36. Defendant has infringed and continues to infringe directly, by
inducement, and/contributorily by making, using, selling, or offering to sell golf
clubs embodying one or more claims of the ’336 patent, specifically, TaylorMade’s
P790 Products, in violation of 35 U.S.C. §§ 271(a)-(c).
37. Defendant’s infringement of the ’336 patent has been and continues to
be willful.
38. Defendant has had actual notice and/or constructive notice of the ’336
patent under 35 U.S.C. § 287(a).
39. Defendant’s acts of infringement of the ’336 patent will continue as
alleged in this Complaint unless enjoined by the Court.
40. As a direct and proximate result of Defendant’s infringement of the
’336 patent, PXG has suffered and will continue to suffer monetary damages.
41. PXG is entitled to recover from Defendant the damages sustained by
PXG as a result of Defendant’s wrongful acts in an amount to be determined at trial.
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Including Professional Corporations
42. PXG has suffered irreparable harm as a result of Defendant’s
infringement of the ’336 patent.
43. Unless Defendant is enjoined by this Court from continuing its
infringement of the ’336 patent, PXG will continue to suffer irreparable harm and
impairment of the value of its patent rights. Thus, PXG is entitled to a preliminary
and permanent injunction against further infringement.
COUNT II
(U.S. Patent No. 9,199,143)
44. PXG realleges and incorporates by reference the preceding paragraphs
of this Complaint as though fully set forth herein.
45. Defendant has infringed and continues to infringe directly, by
inducement, and/contributorily by making, using, selling, or offering to sell golf
clubs embodying one or more claims of the ’143 patent, specifically, TaylorMade’s
P790 Products, in violation of 35 U.S.C. §§ 271(a)-(c).
46. Defendant’s infringement of the ’143 patent has been and continues to
be willful.
47. Defendant has and has had actual notice and/or constructive notice of
the ’143 patent under 35 U.S.C. § 287(a).
48. Defendant’s acts of infringement of the ’143 patent will continue as
alleged in this Complaint unless enjoined by the Court.
49. As a direct and proximate result of Defendant’s infringement of the
’143 patent, PXG has suffered and will continue to suffer monetary damages.
50. PXG is entitled to recover from Defendant the damages sustained by
PXG as a result of Defendant’s wrongful acts in an amount to be determined at trial.
51. PXG has suffered irreparable harm as a result of Defendant’s
infringement of the ’143 patent.
52. Unless Defendant is enjoined by this Court from continuing its
infringement of the ’143 patent, PXG will continue to suffer irreparable harm and
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impairment of the value of its patent rights. Thus, PXG is entitled to a preliminary
and permanent injunction against further infringement.
COUNT III
(U.S. Patent No. 9,345,938)
53. PXG realleges and incorporates by reference the preceding paragraphs
of this Complaint as though fully set forth herein.
54. Defendant has infringed and continues to infringe directly, by
inducement, and/contributorily by making, using, selling, or offering to sell golf
clubs embodying one or more claims of the ’938 patent, specifically, TaylorMade’s
P790 Products, in violation of 35 U.S.C. §§ 271(a)-(c).
55. Defendant’s infringement of the ’938 patent has been and continues to
be willful.
56. Defendant has and has had actual notice and/or constructive notice of
the ’938 patent under 35 U.S.C. § 287(a).
57. Defendant’s acts of infringement of the ’938 patent will continue as
alleged in this Complaint unless enjoined by the Court.
58. As a direct and proximate result of Defendant’s infringement of the
’938 patent, PXG has suffered and will continue to suffer monetary damages.
59. PXG is entitled to recover from Defendant the damages sustained by
PXG as a result of Defendant’s wrongful acts in an amount to be determined at trial.
60. PXG has suffered irreparable harm as a result of Defendant’s
infringement of the ’938 patent.
61. Unless Defendant is enjoined by this Court from continuing its
infringement of the ’938 patent, PXG will continue to suffer irreparable harm and
impairment of the value of its patent rights. Thus, PXG is entitled to a preliminary
and permanent injunction against further infringement.
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COUNT IV
(U.S. Patent No. 9,346,203)
62. PXG realleges and incorporates by reference the preceding paragraphs
of this Complaint as though fully set forth herein.
63. Defendant has infringed and continues to infringe directly, by
inducement, and/contributorily by making, using, selling, or offering to sell golf
clubs embodying one or more claims of the ’203 patent, specifically, TaylorMade’s
P790 Products, in violation of 35 U.S.C. §§ 271(a)-(c), (g).
64. Defendant’s infringement of the ’203 patent has been and continues to
be willful.
65. Defendant has and has had actual notice and/or constructive notice of
the ’203 patent under 35 U.S.C. § 287(a).
66. Defendant’s acts of infringement of the ’203 patent will continue as
alleged in this Complaint unless enjoined by the Court.
67. As a direct and proximate result of Defendant’s infringement of the
’203 patent, PXG has suffered and will continue to suffer monetary damages.
68. PXG is entitled to recover from Defendant the damages sustained by
PXG as a result of Defendant’s wrongful acts in an amount to be determined at trial.
69. PXG has suffered irreparable harm as a result of Defendant’s
infringement of the ’203 patent.
70. Unless Defendant is enjoined by this Court from continuing its
infringement of the ’203 patent, PXG will continue to suffer irreparable harm and
impairment of the value of its patent rights. Thus, PXG is entitled to a preliminary
and permanent injunction against further infringement.
COUNT V
(U.S. Patent No. 9,364,727)
71. PXG realleges and incorporates by reference the preceding paragraphs
of this Complaint as though fully set forth herein.
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72. Defendant has infringed and continues to infringe directly, by
inducement, and/contributorily by making, using, selling, or offering to sell golf
clubs embodying one or more claims of the ’727 patent, specifically, TaylorMade’s
P790 Products, in violation of 35 U.S.C. §§ 271(a)-(c).
73. Defendant’s infringement of the ’727 patent has been and continues to
be willful.
74. Defendant has and has had actual notice and/or constructive notice of
the ’727 patent under 35 U.S.C. § 287(a).
75. Defendant’s acts of infringement of the ’727 patent will continue as
alleged in this Complaint unless enjoined by the Court.
76. As a direct and proximate result of Defendant’s infringement of the
’727 patent, PXG has suffered and will continue to suffer monetary damages.
77. PXG is entitled to recover from Defendant the damages sustained by
PXG as a result of Defendant’s wrongful acts in an amount to be determined at trial.
78. PXG has suffered irreparable harm as a result of Defendant’s
infringement of the ’727 patent.
79. Unless Defendant is enjoined by this Court from continuing its
infringement of the ’727 patent, PXG will continue to suffer irreparable harm and
impairment of the value of its patent rights. Thus, PXG is entitled to a preliminary
and permanent injunction against further infringement.
COUNT VI
(U.S. Patent No. 9,533,201)
80. PXG realleges and incorporates by reference the preceding paragraphs
of this Complaint as though fully set forth herein.
81. Defendant has infringed and continues to infringe directly, by
inducement, and/contributorily by making, using, selling, or offering to sell golf
clubs embodying one or more claims of the ’201 patent, specifically, TaylorMade’s
P790 Products, in violation of 35 U.S.C. §§ 271(a)-(c).
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82. Defendant’s infringement of the ’201 patent has been and continues to
be willful.
83. Defendant has and has had actual notice and/or constructive notice of
the ’201 patent under 35 U.S.C. § 287(a).
84. Defendant’s acts of infringement of the ’201 patent will continue as
alleged in this Complaint unless enjoined by the Court.
85. As a direct and proximate result of Defendant’s infringement of the
’201 patent, PXG has suffered and will continue to suffer monetary damages.
86. PXG is entitled to recover from Defendant the damages sustained by
PXG as a result of Defendant’s wrongful acts in an amount to be determined at trial.
87. PXG has suffered irreparable harm as a result of Defendant’s
infringement of the ’201 patent.
88. Unless Defendant is enjoined by this Court from continuing its
infringement of the ’201 patent, PXG will continue to suffer irreparable harm and
impairment of the value of its patent rights. Thus, PXG is entitled to a preliminary
and permanent injunction against further infringement.
COUNT VII
(U.S. Patent No. 9,610,481)
89. PXG realleges and incorporates by reference the preceding paragraphs
of this Complaint as though fully set forth herein.
90. Defendant has infringed and continues to infringe directly, by
inducement, and/contributorily by making, using, selling, or offering to sell golf
clubs embodying one or more claims of the ’481 patent, specifically, TaylorMade’s
P790 Products, in violation of 35 U.S.C. §§ 271(a)-(c).
91. Defendant’s infringement of the ’481 patent has been and continues to
be willful.
92. Defendant has and has had actual notice and/or constructive notice of
the ’481 patent under 35 U.S.C. § 287(a).
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93. Defendant’s acts of infringement of the ’481 patent will continue as
alleged in this Complaint unless enjoined by the Court.
94. As a direct and proximate result of Defendant’s infringement of the
’481 patent, PXG has suffered and will continue to suffer monetary damages.
95. PXG is entitled to recover from Defendant the damages sustained by
PXG as a result of Defendant’s wrongful acts in an amount to be determined at trial.
96. PXG has suffered irreparable harm as a result of Defendant’s
infringement of the ’481 patent.
97. Unless Defendant is enjoined by this Court from continuing its
infringement of the ’481 patent, PXG will continue to suffer irreparable harm and
impairment of the value of its patent rights. Thus, PXG is entitled to a preliminary
and permanent injunction against further infringement.
COUNT VIII
(U.S. Patent No. 9,675,853)
98. PXG realleges and incorporates by reference the preceding paragraphs
of this Complaint as though fully set forth herein.
99. Defendant has infringed and continues to infringe directly, by
inducement, and/contributorily by making, using, selling, or offering to sell golf
clubs embodying one or more claims of the ’853 patent, specifically, TaylorMade’s
P790 Products, in violation of 35 U.S.C. §§ 271(a)-(c).
100. Defendant’s infringement of the ’853 patent has been and continues to
be willful.
101. Defendant has and has had actual notice and/or constructive notice of
the ’853 patent under 35 U.S.C. § 287(a).
102. Defendant’s acts of infringement of the ’853 patent will continue as
alleged in this Complaint unless enjoined by the Court.
103. As a direct and proximate result of Defendant’s infringement of the
’853 patent, PXG has suffered and will continue to suffer monetary damages.
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104. PXG is entitled to recover from Defendant the damages sustained by
PXG as a result of Defendant’s wrongful acts in an amount to be determined at trial.
105. PXG has suffered irreparable harm as a result of Defendant’s
infringement of the ’853 patent.
106. Unless Defendant is enjoined by this Court from continuing its
infringement of the ’853 Patent, PXG will continue to suffer irreparable harm and
impairment of the value of its patent rights. Thus, PXG is entitled to a preliminary
and permanent injunction against further infringement.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
1. For judgment that the ’336 patent is valid, enforceable, and infringed
by Defendant;
2. For profits and damages resulting from Defendant’s past and present
infringement of the’336 patent;
3. For judgment that the ’143 patent is valid, enforceable, and infringed
by Defendant;
4. For profits and damages resulting from Defendant’s past and present
infringement of the’143 patent;
5. For judgment that the ’938 patent is valid, enforceable, and infringed
by Defendant;
6. For profits and damages resulting from Defendant’s past and present
infringement of the’938 patent;
7. For judgment that the ’203 patent is valid, enforceable, and infringed
by Defendant;
8. For profits and damages resulting from Defendant’s past and present
infringement of the ’203 patent;
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9. For judgment that the ’727 patent is valid, enforceable, and infringed
by Defendant;
10. For profits and damages resulting from Defendant’s past and present
infringement of the ’727 patent;
11. For judgment that the ’201 patent is valid, enforceable, and infringed
by Defendant;
12. For profits and damages resulting from Defendant’s past and present
infringement of the ’201 patent;
13. For judgment that the ’481 patent is valid, enforceable, and infringed
by Defendant;
14. For profits and damages resulting from Defendant’s past and present
infringement of the ’481 patent;
15. For judgment that the ’853 patent is valid, enforceable, and infringed
by Defendant;
16. For profits and damages resulting from Defendant’s past and present
infringement of the ’853 patent;
17. For injunctive relief, preliminarily and permanently enjoining against
the continuing infringement of the ’336 patent by Defendant, its officers, agents,
servants, employees, and those persons acting in active concert or in participation
with it, under 35 U.S.C. § 283;
18. For injunctive relief, preliminarily and permanently enjoining against
the continuing infringement of the ’143 patent by Defendant, its officers, agents,
servants, employees, and those persons acting in active concert or in participation
with it, under 35 U.S.C. § 283;
19. For injunctive relief, preliminarily and permanently enjoining against
the continuing infringement of the ’938 patent by Defendant, its officers, agents,
servants, employees, and those persons acting in active concert or in participation
with it, under 35 U.S.C. § 283;
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20. For injunctive relief, preliminarily and permanently enjoining against
the continuing infringement of the ’203 patent by Defendant, its officers, agents,
servants, employees, and those persons acting in active concert or in participation
with it, under 35 U.S.C. § 283;
21. For injunctive relief, preliminarily and permanently enjoining against
the continuing infringement of the ’727 patent by Defendant, its officers, agents,
servants, employees, and those persons acting in active concert or in participation
with it, under 35 U.S.C. § 283;
22. For injunctive relief, preliminarily and permanently enjoining against
the continuing infringement of the ’201 patent by Defendant, its officers, agents,
servants, employees, and those persons acting in active concert or in participation
with it, under 35 U.S.C. § 283;
23. For injunctive relief, preliminarily and permanently enjoining against
the continuing infringement of the ’481 patent by Defendant, its officers, agents,
servants, employees, and those persons acting in active concert or in participation
with it, under 35 U.S.C. § 283;
24. For injunctive relief, preliminarily and permanently enjoining against
the continuing infringement of the ’853 patent by Defendant, its officers, agents,
servants, employees, and those persons acting in active concert or in participation
with it, under 35 U.S.C. § 283;
25. For increased damages, interest, and costs under 35 U.S.C § 284;
26. For judgment that this is an exceptional case under 35 U.S.C. § 285;
27. For an award of reasonable attorneys’ fees under 35 U.S.C. § 285;
28. For costs and disbursements incurred by PXG;
29. For an assessment of prejudgment interest; and
30. For any other and further relief as the Court deems just and proper.
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JURY TRIAL DEMAND
Plaintiff demands a jury trial on all issues that are triable by a jury.
Dated: September 14, 2017 LOEB & LOEB LLP TERRY D. GARNETT DONALD A. MILLER
By: /s/ Terry D. Garnett Terry D. Garnett Attorneys for Plaintiff
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