DCT
8:17-cv-01602
Parsons Xtreme Golf LLC v. Worldwide Golf Enterprises Inc
Key Events
Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Parsons Xtreme Golf, LLC (Delaware)
- Defendant: Worldwide Golf Enterprises, Inc. (California)
- Plaintiff’s Counsel: Loeb & Loeb LLP
- Case Identification: 8:17-cv-01602, C.D. Cal., 09/14/2017
- Venue Allegations: Venue is alleged to be proper because Defendant is a California corporation with its principal executive office, a principal business office, and retail locations within the Central District of California where it sells or offers to sell the accused products.
- Core Dispute: Plaintiff alleges that Defendant’s sale of TaylorMade P790 golf irons infringes eight patents related to hollow-body, polymer-filled iron-type golf club heads with specific perimeter weighting characteristics.
- Technical Context: The technology concerns the design of high-performance golf irons that combine a thin, flexible club face with an internal polymer filling inside a hollow club head to optimize feel, sound, and ball speed, a significant area of competition in the premium golf equipment market.
- Key Procedural History: The complaint does not reference any prior litigation, Inter Partes Review (IPR) proceedings, or licensing history related to the patents-in-suit.
Case Timeline
| Date | Event |
|---|---|
| 2014-06-11 | Earliest Priority Date ('938, '203, '727, '201, '481, '853 Patents) |
| 2014-08-25 | Earliest Priority Date ('336, '143 Patents) |
| 2015-02-24 | U.S. Patent No. 8,961,336 Issues |
| 2015-12-01 | U.S. Patent No. 9,199,143 Issues |
| 2016-05-24 | U.S. Patent No. 9,345,938 Issues |
| 2016-05-24 | U.S. Patent No. 9,346,203 Issues |
| 2016-06-14 | U.S. Patent No. 9,364,727 Issues |
| 2017-01-03 | U.S. Patent No. 9,533,201 Issues |
| 2017-04-04 | U.S. Patent No. 9,610,481 Issues |
| 2017-06-13 | U.S. Patent No. 9,675,853 Issues |
| 2017-09-14 | Complaint Filing Date |
| 2017-09-21 | Accused Product "Fitting Day" Event Begins |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 8,961,336 - "GOLF CLUB HEADS AND METHODS TO MANUFACTURE GOLF CLUB HEADS"
- Patent Identification: U.S. Patent No. 8,961,336, "GOLF CLUB HEADS AND METHODS TO MANUFACTURE GOLF CLUB HEADS," issued February 24, 2015. (Compl. ¶12).
The Invention Explained
- Problem Addressed: The patent background describes the technical challenge of using multiple materials in a golf club head to optimize the center of gravity (CG) and moment of inertia (MOI), which in turn influences a golf ball's trajectory and spin rate. (’336 Patent, col. 1:31-38).
- The Patented Solution: The invention is an iron-type golf club head with a hollow body construction containing an interior cavity. This cavity is filled with an elastic polymer material, which provides support to a thin club face. (’336 Patent, col. 14:10-20). The design also incorporates distinct sets of weight portions coupled to the body at specific locations—such as a "top-and-toe transition region" and a "sole-and-toe transition region"—to strategically control mass distribution. (’336 Patent, col. 14:15-28). A cross-sectional view provided in the complaint illustrates the interior cavity and the placement of weight portions. (Compl. ¶11).
- Technical Importance: This construction allows for a club face that is thinner than typical designs, potentially increasing ball speed, while the internal polymer provides structural support and dampens vibration to improve sound and feel. (’336 Patent, col. 9:1-10).
Key Claims at a Glance
- The complaint asserts independent claim 16. (Compl. ¶32).
- Essential elements of Claim 16:
- An iron-type golf club head comprising:
- a hollow body portion with specified sub-portions (face, toe, top, sole, back) and an interior cavity that is at least partially filled with an elastic polymer material;
- a first set of weight portions coupled to the body at or near a "top-and-toe transition region," having a first total mass;
- a second set of weight portions coupled to the body at or near a "sole-and-toe transition region," having a second total mass;
- wherein the first total mass is less than the second total mass; and
- wherein the second set of weight portions is located below a horizontal midplane of the club head. (’336 Patent, col. 14:10-28).
- The complaint generally asserts infringement of one or more claims of the patent. (Compl. ¶36).
U.S. Patent No. 9,199,143 - "GOLF CLUB HEADS AND METHODS TO MANUFACTURE GOLF CLUB HEADS"
- Patent Identification: U.S. Patent No. 9,199,143, "GOLF CLUB HEADS AND METHODS TO MANUFACTURE GOLF CLUB HEADS," issued December 1, 2015. (Compl. ¶14).
The Invention Explained
- Problem Addressed: As with the ’336 patent, the invention addresses the optimization of CG and MOI in golf club heads through the use of multiple materials. (’143 Patent, col. 1:31-38).
- The Patented Solution: This patent describes a similar hollow-body, polymer-filled iron but specifies that the interior cavity is "filled" rather than "partially or entirely filled." (’143 Patent, col. 13:13-14). It maintains the concept of using a first set of weights near the top-and-toe and a second, heavier set of weights near the sole-and-toe, with the second set positioned below the club's horizontal midplane. (Compl. ¶15; ’143 Patent, col. 14:8-23).
- Technical Importance: By requiring the cavity to be "filled," the invention may ensure more consistent structural support for the club face across its entire area, potentially enhancing performance and durability compared to a partially filled design. (’143 Patent, col. 8:6-14).
Key Claims at a Glance
- The complaint asserts independent claim 15. (Compl. ¶33).
- Essential elements of Claim 15:
- An iron-type golf club head comprising:
- a hollow body portion with specified sub-portions and an interior cavity that is "filled with an elastic polymer material";
- a first set of weight portions coupled to the body at or near a "top-and-toe transition region," having a first total mass;
- a second set of weight portions coupled to the body at or near a "sole-and-toe portions region," having a second total mass;
- wherein the first total mass is less than the second total mass; and
- wherein the second set of weight portions is located below a horizontal midplane of the club head. (’143 Patent, col. 14:8-23).
- The complaint generally asserts infringement of one or more claims of the patent. (Compl. ¶45).
U.S. Patent No. 9,345,938 - "GOLF CLUB HEADS AND METHODS TO MANUFACTURE GOLF CLUB HEADS"
- Patent Identification: U.S. Patent No. 9,345,938, "GOLF CLUB HEADS AND METHODS TO MANUFACTURE GOLF CLUB HEADS," issued May 24, 2016. (Compl. ¶16).
- Technology Synopsis: This patent claims a golf club head with a hollow body, a face portion with a thickness of less than or equal to 1.5 millimeters, and an elastic polymer material injection molded into the interior cavity to structurally support the face during impact. (Compl. ¶17). It further requires the weight portion below the horizontal midplane to be greater than the weight portion above it. (’938 Patent, col. 24:7-13).
- Asserted Claims: Independent claim 15. (Compl. ¶33).
- Accused Features: The complaint alleges the TaylorMade P790 products have a thin face and polymer material within an interior cavity. (Compl. ¶31).
U.S. Patent No. 9,346,203 - "GOLF CLUB HEADS AND METHODS TO MANUFACTURE GOLF CLUB HEADS"
- Patent Identification: U.S. Patent No. 9,346,203, "GOLF CLUB HEADS AND METHODS TO MANUFACTURE GOLF CLUB HEADS," issued May 24, 2016. (Compl. ¶18).
- Technology Synopsis: This patent claims a method for forming a hollow body golf club. The method includes coupling first and second weight portions to specified transition regions of the club head and forming an interior cavity comprising an elastic polymer material configured to at least partially absorb impact. (Compl. ¶19).
- Asserted Claims: Independent claim 15. (Compl. ¶32).
- Accused Features: The complaint alleges that the accused products embody claims of the patent, implying they are made by an infringing method. (Compl. ¶¶32, 63).
U.S. Patent No. 9,364,727 - "GOLF CLUB HEADS AND METHODS TO MANUFACTURE GOLF CLUB HEADS"
- Patent Identification: U.S. Patent No. 9,364,727, "GOLF CLUB HEADS AND METHODS TO MANUFACTURE GOLF CLUB HEADS," issued June 14, 2016. (Compl. ¶20).
- Technology Synopsis: This patent claims an iron-type golf club head with a hollow body and an interior cavity filled with an injection-molded elastic polymer. It introduces a "bonding portion" and requires that a second weight portion located below the midplane includes a greater number of individual weight portions than a first weight portion located above the midplane. (Compl. ¶21).
- Asserted Claims: Independent claim 16. (Compl. ¶33).
- Accused Features: The complaint accuses the P790 products generally, focusing on their thin face, internal polymer, and weighting. (Compl. ¶31).
U.S. Patent No. 9,533,201 - "GOLF CLUB HEADS AND METHODS TO MANUFACTURE GOLF CLUB HEADS"
- Patent Identification: U.S. Patent No. 9,533,201, "GOLF CLUB HEADS AND METHODS TO MANUFACTURE GOLF CLUB HEADS," issued January 3, 2017. (Compl. ¶22).
- Technology Synopsis: This patent claims a golf club head with a face portion thickness of 1.5 millimeters or less, an interior cavity, a bonding portion, and an injection-molded elastic polymer bonded to the bonding portion. It requires a greater number of weight portions to be located on the back portion below a horizontal midplane than above it. (Compl. ¶23).
- Asserted Claims: Independent claim 1. (Compl. ¶33).
- Accused Features: The P790's alleged thin face, polymer-filled cavity, and weighting scheme are implicated. (Compl. ¶31).
U.S. Patent No. 9,610,481 - "GOLF CLUB HEADS AND METHODS TO MANUFACTURE GOLF CLUB HEADS"
- Patent Identification: U.S. Patent No. 9,610,481, "GOLF CLUB HEADS AND METHODS TO MANUFACTURE GOLF CLUB HEADS," issued April 4, 2017. (Compl. ¶24).
- Technology Synopsis: This patent claims a golf club head with an interior cavity filled with an elastic polymer, where the volume of the polymer (Ve) relative to the body portion volume (Vb) is defined by the equation 0.2 ≤ Ve / Vb ≤ 0.5. It also requires a greater number of weight portions on the rear portion below the horizontal midplane than above it. (Compl. ¶25).
- Asserted Claims: Independent claim 1. (Compl. ¶33).
- Accused Features: The complaint accuses the P790 products based on their general polymer-filled hollow-body construction and weighting. (Compl. ¶31).
U.S. Patent No. 9,675,853 - "GOLF CLUB HEADS AND METHODS TO MANUFACTURE GOLF CLUB HEADS"
- Patent Identification: U.S. Patent No. 9,675,853, "GOLF CLUB HEADS AND METHODS TO MANUFACTURE GOLF CLUB HEADS," issued June 13, 2017. (Compl. ¶26).
- Technology Synopsis: This patent claims a golf club head with a face portion thickness of 1.5 millimeters or less, an elastic polymer injection molded to structurally support the face, and a bonding portion. It requires a greater number of weight portions on the back of the body below the horizontal midplane than above it, and specifies that at least one weight portion is constructed from a different material than the body portion. (Compl. ¶27).
- Asserted Claims: Independent claim 1. (Compl. ¶33).
- Accused Features: The P790's alleged use of multiple materials, thin face, and polymer-filled construction are accused. (Compl. ¶31).
III. The Accused Instrumentality
Product Identification
- The accused products are golf clubs sold under the name TaylorMade P790 (the "P790 Products"). (Compl. ¶29).
Functionality and Market Context
- The complaint alleges that the P790 Products are iron-type golf clubs that "exhibit a thin face, polymer material within the interior cavity and weight portions below the midline of the club." (Compl. ¶31). A cutaway image provided in the complaint depicts the accused club head’s hollow construction with an internal polymer filler. (Compl. p. 9, center-left image). A second visual highlights this polymer material in orange, showing its position filling the interior cavity behind the club face. (Compl. p. 9, right image). The complaint alleges that Defendant offers for sale, sells, imports, and distributes these clubs in the United States. (Compl. ¶29).
IV. Analysis of Infringement Allegations
'336 Patent Infringement Allegations
| Claim Element (from Independent Claim 16) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| An iron-type golf club head comprising: a hollow body portion having a face portion, a toe portion, a top portion, a sole portion, a back portion, and an interior cavity extending between the top and sole portions, the interior cavity being partially or entirely filled with an elastic polymer material; | The P790 Products allegedly have a hollow body with an interior cavity containing a polymer material. | ¶31 | col. 2:28-36; col. 8:31-34 |
| a first set of weight portions coupled to the hollow body portion at or proximate to a top-and-toe transition region between the top portion and the toe portion... | The P790 Products allegedly contain "weight portions." | ¶31 | col. 4:54-56 |
| a second set of weight portions coupled to the hollow body portion at or proximate to a sole-and-toe transition region between the sole portion and the toe portion... | The P790 Products allegedly contain "weight portions below the midline of the club." | ¶31 | col. 4:62-65 |
| wherein the first total mass is less than the second total mass... | The complaint makes a general allegation that all elements are met. | ¶32 | col. 14:24-25 |
| wherein the second set of weight portions is located below a horizontal midplane of the golf club head. | The P790 Products allegedly contain "weight portions below the midline of the club." | ¶31 | col. 6:35-39 |
'143 Patent Infringement Allegations
| Claim Element (from Independent Claim 15) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| An iron-type golf club head comprising: a hollow body portion having a face portion, a toe portion, a top portion, a sole portion, a back portion, and an interior cavity extending between the top and sole portions, the interior cavity being filled with an elastic polymer material; | The P790 Products allegedly have a hollow body with an interior cavity containing a polymer material. | ¶31 | col. 2:31-37; col. 8:31-34 |
| a first set of weight portions coupled the hollow body portion at or proximate to a top-and-toe transition region... | The P790 Products allegedly contain "weight portions." | ¶31 | col. 4:54-57 |
| a second set of weight portions coupled the hollow body portion at or proximate to a sole-and-toe portions region... | The P790 Products allegedly contain "weight portions below the midline of the club." | ¶31 | col. 4:63-66 |
| wherein the first total mass is less than the second total mass... | The complaint makes a general allegation that all elements are met. | ¶33 | col. 14:19-20 |
| wherein the second set of weight portions is located below a horizontal midplane of the golf club head. | The P790 Products allegedly contain "weight portions below the midline of the club." | ¶31 | col. 6:35-39 |
- Identified Points of Contention:
- Scope Questions: The infringement analysis may raise the question of how to construe the term "coupled to." The patents describe weight portions inserted into exterior ports; the complaint does not specify the coupling mechanism in the accused P790 Products. (Compl. ¶31; ’336 Patent, col. 4:66-col. 5:10). Another question is whether the P790's internal material qualifies as an "elastic polymer material" as defined by the patents, which list specific examples such as Sorbothane®. (’336 Patent, col. 8:31-39).
- Technical Questions: The complaint's infringement allegations are conclusory. (Compl. ¶¶32-33). A central question will be whether the P790 Products actually meet the specific mass and location limitations of the asserted claims (e.g., "first total mass is less than the second total mass"). The complaint does not provide specific factual evidence, such as measurements or technical specifications, to support these quantitative limitations.
V. Key Claim Terms for Construction
The Term: "hollow body portion"
- Context and Importance: This term is foundational to all asserted patents. The definition will determine whether the overall construction of the accused P790 irons falls within the scope of the claims. Practitioners may focus on this term because the patents' specific embodiments show a body manufactured with numerous external weight ports, which may or may not be present in the accused products. (’336 Patent, Fig. 14).
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification defines the "body portion 110" broadly as including "a toe portion 140, a heel portion 150, a front portion 160, a back portion 170, a top portion 180, and a sole portion 190." (’336 Patent, col. 2:33-36). This language suggests the term encompasses the general structure of an iron-type head.
- Evidence for a Narrower Interpretation: The detailed description and figures consistently depict the body portion as having a "plurality of exterior weight ports." (’336 Patent, col. 12:20-24; Fig. 14). A defendant may argue that this feature is integral to the definition of the "hollow body portion" as invented.
The Term: "top-and-toe transition region"
- Context and Importance: This term, and the corresponding "sole-and-toe transition region," defines the required locations for the claimed sets of weight portions. The geographic scope of this "region" will be critical for determining whether the weight placement in the accused P790 irons meets these limitations.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification provides a general definition: "the weight portion 122 may be disposed in a weight port 1422 located in a transition region between the top portion 180 and the toe portion 140 (e.g., a top-and-toe transition region)." (’336 Patent, col. 4:54-56). The use of "region" could suggest a general area rather than a precise point.
- Evidence for a Narrower Interpretation: Figure 10 of the patent visually depicts the weight portions in this region as being clustered at the upper corner of the club head's perimeter. (’336 Patent, Fig. 10). A party could argue that the term should be construed as being limited to this specific corner area illustrated in the patent's own figures.
VI. Other Allegations
- Indirect Infringement: The complaint alleges direct infringement, inducement of infringement, and contributory infringement for all asserted patents. (Compl. ¶¶36, 45, 54, 63, 72, 81, 90, 99). The complaint does not, however, plead specific facts to support the knowledge and intent elements required for indirect infringement claims, such as referencing user manuals or advertising that instruct infringing use.
- Willful Infringement: Willfulness is alleged for all asserted patents. (Compl. ¶¶37, 46, 55, 64, 73, 82, 91, 100). The basis for these allegations is that Defendant "has had actual notice and/or constructive notice" of the patents. (Compl. ¶¶38, 47, 56, 65, 74, 83, 92, 101). The complaint does not specify whether this alleged notice was pre- or post-suit.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of claim construction: how broadly will key structural and locational terms such as "hollow body portion," "top-and-toe transition region," and "coupled to" be defined? The resolution will depend on whether the court adopts a broader, plain-meaning interpretation or limits the terms to the specific embodiments and weight-port structures depicted in the patents' figures.
- A key evidentiary question will be one of technical proof: does the accused TaylorMade P790 iron actually meet every limitation of the asserted claims? The complaint's allegations are conclusory and will require the plaintiff to produce detailed technical evidence on the P790's internal construction, the material properties of its polymer filling, and the precise mass distribution and number of its internal and external weights.