The latest in a string of patent allegations comes from PXG against competitor TaylorMade. The case stems from the patent trial filed in September this year by PXG against TaylorMade for allegedly infringing on 8 of its patents.
In court documents filed Monday, PXG amended its original complaint of patent infringement against TaylorMade and its P790 irons. The new version not only includes more specific descriptions of where PXG believes the P790 irons might be infringing, it adds three more patent-infringement claims. That means PXG is now accusing TaylorMade of violating 11 of its patents. Last month, TaylorMade denied violating any of the original eight PXG patent claims and asked the court to invalidate each of the PXG patents. In its countersuit, TaylorMade also accused PXG of violating seven of its patents.
For each of the amended eight claims of patent infringement from its original complaint, PXG includes a paragraph that states, “the evidence will likely show that TaylorMade not only knew, or should have known, [about the patent], but also that TaylorMade knew (or was willfully blind to the fact) that its conduct infringed…, that it lacked any reasonable defense to infringement …, and that TaylorMade’s egregious conduct was the sort of wanton conduct that stands out from other patent cases and rises to the level of willful infringement.”
As a company, TaylorMade responded to PXG’s latest legal filings directly.
“While TaylorMade respects the intellectual property rights of others, we will continue to defend ourselves vigorously when someone falsely accuses us of infringement,” the company said in a statement.
With the updated complaint, the jury would be hearing a case for 18 patents, which is a lot for one trial to hear. What’s likely not going to happen in the immediate future is much of anything other than TaylorMade’s legal team from D.C.-based intellectual-property litigation firm Sterne, Kessler, Goldstein and Fox responding to the more detailed PXG complaint, as well as the new patent allegations.
We will keep you updated as more unfolds on the case – pre-trial hearing is scheduled for early January and will set a trial date, although this could be years away potentially.