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Patent Law

: Philip Brooks’ Patent Infringement Updates

Callaway Loses Bid for $246 Million Patent Damages

By Philip Brooks

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The following is excerpted from an article by Phil Milford and Jef Feeley of Bloomberg News in the March 29, 2010 San Diego Daily Transcript:

Callaway Golf Co. (NYSE: ELY), the maker of Big Bertha golf clubs, lost a bid for $246 million in patent- infringement damages from Fortune Brands' (NYSE: FO) Acushnet unit when a jury decided four Callaway golf ball patents aren?t valid.

Monday's verdict came after a weeklong re-trial in federal court in Wilmington, Del., where Acushnet had agreed its Titleist Pro V1 products infringed and claimed the patents couldn?t be enforced.

The jury of five men and four women deliberated about four hours before deciding the patents covered inventions that aren't new and are obvious.

"We are disappointed with the jury's verdict, particularly in light of the fact that it is contradicted by the prior victory we obtained on these same patents in 2007 and is inconsistent with the great weight of the evidence," Steve McCracken, Callaway?s chief administrative officer, said in an e-mailed statement. "We will file a motion with the court to set aside the verdict."

Read the full article here.

Full post as published by Philip Brooks’ Patent Infringement Updates on March 29, 2010 (boomark / email).