- Court: Intellectual Property Archives
- Area(s) of Law: Patents, Infringement
- Date Filed: 04-17-2013
- Case #: 10 CV 4226 (WFK)(AKT)
- Judge(s)/Court Below: U.S. District Court, E.D. New York
- Full Text Opinion
Opinion (Kuntz): Nassau Precision Casting Co. Inc. (“Nassau”) alleged that certain golf clubs (the “Accused Clubs”) made by Acushnet Co., Inc., Cobra Golf Co., and Puma N.A., Inc. (“Acushnet”) infringed against their patent (“the 000 patent”). Acushnet holds various patents on their golf clubs using similar claim construction language as that used by Nassau regarding the redistribution of weight and construction material from locations near the top of a golf club head to other locations near the bottom of the golf club head. The court interpreted Claim 1 of the 000 patent as prohibiting the removal of construction material from the club head face. But, because the Accused Clubs actually did remove material from the club head face, the court found the Acushnet did not infringe Claim 1. Claim 2 of the 000 patent involved the removal and redistribution of a ‘determined weight’ of material. Specifically, it required the entire total of a determined weight be removed and relocated near the bottom of the club head. However, the court found that the Acushnet design not only removed a determined weight, but also incorporated a lightweight polymer insert in the area where the determined weight had been removed. Therefore, because some of the weight remained in the Defendant’s club head, the Plaintiff could not show that the Accused Clubs infringed on the 000 patent. Accordingly, summary judgment in favor of the Acushent was GRANTED.