Court makes evidentiary rulings; willfulness and damages are bifurcated
Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, November 30, 2007.
Robinson, J. The court makes evidentiary rulings on issues raised at the pretrial conference.
Evidence regarding defendant’s test golf balls may be admitted under specified circumstances. They may not be referred to as “prior art” balls or “hybrid” balls. Professional golfers Greg Norman and Phil Mickelson were timely identified, however their testimony is more appropriately the subject of expert testimony. They may not testify generally as to the characteristics of the patented golf balls. The issue of willfulness will be bifurcated, to be tried with damages. Injunctive relief, if implicated, is to be resolved through the course of post-trial briefing.
A copy of the full opinion is available here.
