Taylormade gets an upper hand on PXG after the first hearing and clearing its way to launch P790 Irons in question for patent infringement.
Taylormade announced the launch of P790 Irons in August and retail stores to have them from September 15th. With the said technology “SpeedFoam” and providing extra distance and control, PXG’s founder Bob Parsons had problems and he pressed a lawsuit against Taylormade.
The Lawsuit which mainly covered patent infringement by Taylormade as PXG uses a similar technology but different material called TPE and Parsons wished to stop the sale of P790 Irons, stating it might hamper his brand value.
Supposedly, Judge J. Tuchi has denied the request for a temporary restraining order by lawyers representing Parsons Xtreme Golf (PXG), after hearing on Friday. Now the date for a hearing on PXG’s appeal for a preliminary injunction is set for November.
Taylormade’s formal argument opposing the TRO, which includes 10 separate attachments, remain sealed to protect confidential proprietary information. Taylormade made P790 Irons available at the retail stores on Friday, one in vindication and shows that they do cherish the first win.
Taylormade 1- PXG 0
“While TaylorMade respects the intellectual property rights of others, we will always defend ourselves vigorously when someone falsely accuses us of infringement,” read a statement from a company spokesperson. “Our victory in court today re-affirms our confidence in our products and technologies, and reinforces the excitement and momentum we are experiencing with our P790 irons to date.”
After Friday’s judgment, PXG has moved one step further and filed additional complaints against the golf’s largest retailers in the U.S. for patent infringement, with regards to the sale of P790 Irons. On Thursday PXG filed suit against Worldwide Golf at the U.S. District Court in California. On Friday PXG filed suit against PGA Super Store, Golf Galaxy, and Dick’s Sporting Goods in U.S. District Court in Illinois.
According to Allan Sternstein, professor of intellectual property and director of the IP and Entrepreneurship Clinic at the University of Arizona, “Those that infringe a patent are anyone who makes (manufacturers), uses (consumers), sells or offers to sell (retail outlets, golf shops, etc.) a product that falls within the scope of one or more claims of the patent. Accordingly, suing a retailer for patent infringement is totally appropriate under the law.”
Many even question the motive of Parsons as he himself has created one of the worlds most expensive clubs and after suing the retailers, it gets even worse for the consumers as the end price has to be paid by them only.
With all these developments, Taylormade is allowed to sell the questioned P790 Irons but will be important to see how this works out for both the parties after the retailers too are involved in the issue. Next hearing is scheduled for November 14, a good two months to watch the development.