Patentee prevails on anticipation and breach of contract claims
Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, November 20, 2007.
Robinson, J. Plaintiff’s motions for summary judgment of breach of contract and no anticipation are granted. Defendant’s motion for summary judgment of no breach of contract, invalidity, and incorporation by reference are denied.
The technology in dispute relates to golf balls. The prior art referenced by defendant does not describe the use of polyurethane or blends of ionomer resins with sufficient particularity to effectuate an incorporation by reference. Defendant’s inherency theory is found to be too attenuated and unsubstantiated to prove anticipation. A genuine issue of material fact exists as to motivation to combined claimed elements, precluding summary judgment based on obviousness. The Court finds that plaintiff is a “successor” under an agreement between Spalding and defendant. Defendant violated the Agreement by filing inter partes reexaminations to contest the validity of the patents in suit.
A copy of the full opinion is available here.
