When we last checked in November, TaylorMade filed counter-suit against PXG, alleging patent infringement. If TM’s claims turn out to be true, it would essentially kill the PXG product line: the 0311 irons, 0811 drivers, and 0341 fairway woods. In addition, TM also requested the Court find a few of PXG’s own patents void.
Well, PXG has fired back. On December 4, PXG filed its amended complaint. The complaint, which might as well be written by Bob Parons, contains its share of marketing statements:
“The golf club incorporating PXG’s technology is called the 0311 iron, and it immediately achieved meteoric success among nonprofessional golfers and PGA and LPGA Tour professionals.”
and detailed, technical information concerning PXGs products:
“[A] golf club head comprising body portion having an interior cavity filled with an elastic polymer material, wherein an elastic polymer material volume is related to a body portion volume by the equation: 0.2 ≤ Ve / Vb ≤ 0.5, where Ve is the elastic polymer material volume in units of in3, and Vb is the body portion volume in units of in3, wherein a greater number of weight portions are located on the rear portion below a horizontal midplane than above the horizontal midplane.”
PXG now alleges that TM is violating 11 certain PXG patents. To wrap up the amended complaint, PXG is requesting the Court (1) award injunctive relief and halt the sale of any PXG patent infringing products (i.e., the P790s), (2) profits and damages resulting from “TaylorMade’s past and present infringement” of the 11 specified patents. Top it off with some lawyers’ fees, and someone is going to paying a very big bill in the near future.
So now it’s TM’s turn to respond (again). But for the time being, it appears that no one is going to back down and, instead, things are just heating up.
For anyone who wants to look up the case: Parsons Xtreme Golf LLC v. Taylor Made Golf Company Incorporated, Docket No. 2:17-cv-03125-JJT (D. Ariz. Sept. 12, 2017).
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