Reconsideration of summary judgment ruling is denied
Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, December 4, 2007.
Robinson, J. Defendant’s motion for reconsideration of a summary judgment ruling is denied. Miscellaneous pre-trial rulings are made.
The court declines to reconsider its summary judgment ruling adverse to defendant on the eve of trial and the decision stands as law of the case. Defendant is precluded from trying its anticipation defense, but may try its obviousness defense. Since the parties have stipulated to infringement, news articles containing defendant’s praise of the accused products (and related commercial success) are admissible as admissions. No other articles relating to the accused products are admissible. Given Plaintiff’s representation that it will not assert certain claims, the court lacks jurisdiction over those claims and Defendant may not address invalidity of such claims. A document crafted by the parties trying to resolve disputes which addresses a defense the court has dismissed is inadmissible.
A copy of the full opinion is available here.
