PXG sues Taylor Made

[the bishop]

Just watching the 2 lawyers go back and forth makes this thread worth while.

 

Most epic* fascinating battle I can remember this year.

 

*Don't want Callaway to get the wrong idea about my post.

Better call Saul

 

Bishop, can't believe we don't have any S. Goodman references in this thread NOR do we have any references to A Few Good Men. This thread isn't missing much but it is missing that.

This thread has been my entertainment all day. I don't have a dog in this fight either.

[Mike_C]

Just watching the 2 lawyers go back and forth makes this thread worth while.

 

Most epic* fascinating battle I can remember this year.

 

*Don't want Callaway to get the wrong idea about my post.

Better call Saul

 

[traderjason]

Just watching the 2 lawyers go back and forth makes this thread worth while.

 

It's like a free $1,500/hour showdown.....

[ebrasmus21]

Just watching the 2 lawyers go back and forth makes this thread worth while.

 

Most epic* fascinating battle I can remember this year.

 

*Don't want Callaway to get the wrong idea about my post.

Better call Saul

 

 

LOL well played.

[Jasonic]

What!!!!! PXG wishes you were Taylormade's lawyer with these insane unwritten standards! The Rules are the Rules! Nothing in Rule 65 or any case explaining Rule 65 even infers that the opposing party must release all of its defenses to the merits of the plaintiff's case in order to overcome an application for TRO! And, if this was the case, then how do you explain the fact that Rule 65 provides that TROs can be granted ex parte!!!! It's apples and oranges bud!

 

There is a 100% chance that Taylormade's lawyers will respond to the motion, and 99% of the reason is because of the $30,000 in billables it'll require. Taylormade carries absolutely no burden, in any literally or legal sense of the word, to disprove PXG's application for TRO. Rule 12 and its standard are ENTIRELY inappropriate for consideration here.

 

Its a TRO and an injunction, not just a TRO. Does a 12(b) come before or after an injunction hearing? If it was just a TRO, you'd have a point. Again, if it was just a TRO request, you'd have a point. But it isn't.

 

lol, of course they arn't going to "release all of its defenses". They just need to explain why PXG isn't likely to prevail. You are analyzing it like a law school essay. Think it through tactically.

 

PXG has two options.

 

1. Not ask for a TRO or an injunction. Lawsuit stays the same. No burden on Taylormade to do anything. Case moves on.

 

2. Ask for a TRO and / or an injunction. Lawsuit stays the same. Taylormade has to refute the prime facie case made out in the petition. PXG gets some information, and loses. Case moves on.

 

Why in the world would PXG choose number 1?

 

EDIT

If you don't mind me asking, how long have you been a lawyer?

 

I've been a lawyer for about 10 years. 7 of which were as outside counsel focusing exclusively on patent litigation; now I'm in-house counsel for a large semiconductor company focusing on patent licensing and litigation management. You?

 

That's going to leave a mark.

 

That hurt me and I'm not even involved. Ouch

[Jasonic]

Just watching the 2 lawyers go back and forth makes this thread worth while.

 

Most epic* fascinating battle I can remember this year.

 

*Don't want Callaway to get the wrong idea about my post.

Better call Saul

 

Bishop, can't believe we don't have any S. Goodman references in this thread NOR do we have any references to A Few Good Men. This thread isn't missing much but it is missing that.

 

There was a mention of a few good men somewhere earlier. Obviously YOU CANT HANDLE THE TRUTH!!

[ebrasmus21]

Just watching the 2 lawyers go back and forth makes this thread worth while.

 

Most epic* fascinating battle I can remember this year.

 

*Don't want Callaway to get the wrong idea about my post.

Better call Saul

 

Bishop, can't believe we don't have any S. Goodman references in this thread NOR do we have any references to A Few Good Men. This thread isn't missing much but it is missing that.

 

There was a mention of a few good men somewhere earlier. Obviously YOU CANT HANDLE THE TRUTH!!

 

These lawyers be like:

 

 

Meanwhile I'm this guy:

 

[Pigems]

This is my new favourite thread!

[Jasonic]

Just watching the 2 lawyers go back and forth makes this thread worth while.

 

Most epic* fascinating battle I can remember this year.

 

*Don't want Callaway to get the wrong idea about my post.

Better call Saul

 

Bishop, can't believe we don't have any S. Goodman references in this thread NOR do we have any references to A Few Good Men. This thread isn't missing much but it is missing that.

 

There was a mention of a few good men somewhere earlier. Obviously YOU CANT HANDLE THE TRUTH!!

 

These lawyers be like:

 

 

Meanwhile I'm this guy:

 

 

"What did I do? I just followed orders of the code red and put some goo in there!"

[Holy Moses]

The Golf Digest article said this: "Of course, even if PXG were granted a preliminary injunction and/or a TRO against TaylorMade, it would likely have to file a bond with the court to cover the possibility of repaying TaylorMade for lost revenues caused by the TRO if it was later determined that the TRO shouldn’t have been granted in the first place."

 

PXG could win the TRO, lose the lawsuit, and be liable for what, tens if not hundreds of millions of dollars? I wonder what the bond will be.

[mizuno player]

The Golf Digest article said this: "Of course, even if PXG were granted a preliminary injunction and/or a TRO against TaylorMade, it would likely have to file a bond with the court to cover the possibility of repaying TaylorMade for lost revenues caused by the TRO if it was later determined that the TRO shouldn’t have been granted in the first place."

 

PXG could win the TRO, lose the lawsuit, and be liable for what, tens if not hundreds of millions of dollars? I wonder what the bond will be.

 

Parsons: We'll base it off our sales..

 

TM: Umm. No.

 

 

[ebrasmus21]

It appears that our resident counselors are taking a much needed break at this time - opening statements took all day and they certainly earned a break.

[TheMoneyShot]

This is my new favourite thread!

 

Mine too, lol...

[Pigems]

This is my new favourite thread!

 

Mine too, lol...

 

It's freakin awesome eh! I feel like I'm reading an episode of Law and Order SGI. :)

[ebrasmus21]

This is my new favourite thread!

 

Mine too, lol...

 

It's freakin awesome eh! I feel like I'm reading an episode of Law and Order SGI. :)

 

I have a feeling that one of our counselors is actually one of THE counselors and that person has been laughing all day.

[brew4eagle]

Sounds like PXG brought in Tom Stites (of Ben Hogan and Nike Golf "The Oven" fame) to analyze their patent infringement claims. He analyzed the claims and sided with PXG.

 

Because Stites is an expert regarding patent law or infringement? Of course he's had some experience with both sides of that kind of law suit but I doubt he is an expert on either.

 

I believe they brought Stites in because he has a vast amount of experience designing golf clubs. They supposedly asked him to compare the two club designs and determine if TM did indeed infringe on the PXG patents.

 

Which he is unqualified to do, because whether or not there is patent infringement is not a engineering or design question it is a legal question. All he could possibly answer is whether he feels that the designs are similar or not... he cannot possibly offer any valuable opinion as to whether the similarity would carry any necessary burden of proof in a legal proceeding. If he did he would be engaging in the unlawful practice of law.

 

What he could do of course is say something along the lines of "I think there is a great deal of similarity here and you should probably consult with an attorney to see if this is worth filing or not." Which of course is pretty pointless to pay anyone to do. It feels just another dog and pony shows at that point.

This what expert witnesses do, and get handsomely compensated for

[coops]

Sounds like PXG brought in Tom Stites (of Ben Hogan and Nike Golf "The Oven" fame) to analyze their patent infringement claims. He analyzed the claims and sided with PXG.

 

Because Stites is an expert regarding patent law or infringement? Of course he's had some experience with both sides of that kind of law suit but I doubt he is an expert on either.

 

Well, I read it as "Sounds like PXG bought in Tom Stites" to get some retirement pocket money....

[pgoi]

shouldn't tour edge be suing pxg too?

 

http://www.golfwrx.com/forums/topic/152943-tour-edge-exotics-xtreme-spin/

 

pretty sure its the same kinda technology isnt? and this came out in 2009?

[Jasonic]

shouldn't tour edge be suing pxg too?

 

http://www.golfwrx.com/forums/topic/152943-tour-edge-exotics-xtreme-spin/

 

pretty sure its the same kinda technology isnt? and this came out in 2009?

 

It's not filled with goo

[High Plains Driver]

 

[Kevmonton]

None of us know all the details but I hope PXG sticks it to them. Taylor Made stole the slotted sole idea from the up and coming Adams golf and knowing they were going to have some legal issues bought them out. TM then stripped them of all their technology secrets and let them die. Adams was making solid clubs at the time but did not yet have the assets to fend off Taylor Made's actions. We will never know if Adams would have continued to thrive as a company but I am guessing they might have. Keep in mind TM's acquisition of Adam's uncertainty was also a factor in Chip Brewer leaving for Callaway. Taylor Made successfully stole another companies idea once, they are financially desperate, I think they would do it again if they thought they could get away with it again!

 

This is not a knock on the performance of TM equipment, just their business practices.

[Llortamaisey]

Sorry to thread jack but does anyone know if you can use the PXG shaft adapter with Ping woods?

[tomuch23]

None of us know all the details but I hope PXG sticks it to them. Taylor Made stole the slotted sole idea from the up and coming Adams golf and knowing they were going to have some legal issues bought them out. TM then stripped them of all their technology secrets and let them die. Adams was making solid clubs at the time but did not yet have the assets to fend off Taylor Made's actions. We will never know if Adams would have continued to thrive as a company but I am guessing they might have. Keep in mind TM's acquisition of Adam's uncertainty was also a factor in Chip Brewer leaving for Callaway. Taylor Made successfully stole another companies idea once, they are financially desperate, I think they would do it again if they thought they could get away with it again!

 

This is not a knock on the performance of TM equipment, just their business practices.

And everybody else's.

[DrCRHop]

In this case I don't think it was granted on the basis of the individual claims but instead the plurality of them. In this case each individual claim itself is relatively benign and so unless PXG can prove that taylormade infringed upon a significant number of the claims they are just posturing and won't have a chance if it actually proceeds in court.

Unfortunately, patent claims are not granted on the plurality of them. Each individual claim is evaluated and either accepted or rejected. It's not uncommon to have, say 50 claims, and then have claims 1-15 rejected, claims 16-40 accepted and then 41-50 rejected (for example). This type of rejection/acceptance can actually change who is an inventor on a patent.

[ssfranny]

hmm I always wanted to try the 0311's but did not want to be tempted to spend that kind of money. Guess I should get these 790s before they are pulled off shelves....

 

 

Unfortunately, they don't have the same soft forged like feel that PXGs irons have according to a recent monitor trial by Michael Newton, so better give those PXGs a try before they raise the price.

 

Was Michael Newton paid by PXG for the monitor trial and his opinion?

[ssfranny]

I play what is best for my game regardless of the brand and made to switch to PXG since the beginning of the year and was really impress with the stopping power, height, distance and forgiveness. Mainly was impress with the stopping power. Tried the P790 but it doesn't have the stopping power like PXG.

 

Know there is loads of hate for PXG but for a high handicapper like me playing to +15, the PXG really is pretty good. Don't really care about the lawsuit but am please that every company now is trying to bring their best to us and that's a good thing.

 

As a 15 handicap why do you think the PXG clubs are better then say the CF16s or Z565? Both are less than half the price of PXG

[MichaelJScott]

I play what is best for my game regardless of the brand and made to switch to PXG since the beginning of the year and was really impress with the stopping power, height, distance and forgiveness. Mainly was impress with the stopping power. Tried the P790 but it doesn't have the stopping power like PXG.

 

Know there is loads of hate for PXG but for a high handicapper like me playing to +15, the PXG really is pretty good. Don't really care about the lawsuit but am please that every company now is trying to bring their best to us and that's a good thing.

 

As a 15 handicap why do you think the PXG clubs are better then say the CF16s or Z565? Both are less than half the price of PXG

Because they cost more!!! Duh

[Pleasedwith3putts]

None of us know all the details but I hope PXG sticks it to them. Taylor Made stole the slotted sole idea from the up and coming Adams golf and knowing they were going to have some legal issues bought them out. TM then stripped them of all their technology secrets and let them die. Adams was making solid clubs at the time but did not yet have the assets to fend off Taylor Made's actions. We will never know if Adams would have continued to thrive as a company but I am guessing they might have. Keep in mind TM's acquisition of Adam's uncertainty was also a factor in Chip Brewer leaving for Callaway. Taylor Made successfully stole another companies idea once, they are financially desperate, I think they would do it again if they thought they could get away with it again!

 

This is not a knock on the performance of TM equipment, just their business practices.

 

But PXG are just as bad having stolen so much of their early work from Ping

 

Fact is very few companies truly innovate in golf. It's almost always an old idea re-badged. Take Scotty Cameron, most of his putters are copies of either Ping or Odyssey

[Warrick]

PGA SS, rollin with the 790 Promo.....lol.

 

https://www.pgatoursuperstore.com/taylormade-p790.jsp?utm_source=bronto&utm_medium=email&utm_term=taylormade+p-790+irons&utm_content=NEW+TaylorMade+P-790%27s+are+here.+Get+Fit+Today&utm_campaign=091517&_bta_tid=25677415005476442742045804637135677442081395602737461308478412332939745134068849675494626685176178455301

 

I have to keep following this, great thread.

[ssfranny]

None of us know all the details but I hope PXG sticks it to them. Taylor Made stole the slotted sole idea from the up and coming Adams golf and knowing they were going to have some legal issues bought them out. TM then stripped them of all their technology secrets and let them die. Adams was making solid clubs at the time but did not yet have the assets to fend off Taylor Made's actions. We will never know if Adams would have continued to thrive as a company but I am guessing they might have. Keep in mind TM's acquisition of Adam's uncertainty was also a factor in Chip Brewer leaving for Callaway. Taylor Made successfully stole another companies idea once, they are financially desperate, I think they would do it again if they thought they could get away with it again!

 

This is not a knock on the performance of TM equipment, just their business practices.

 

But PXG are just as bad having stolen so much of their early work from Ping

 

Fact is very few companies truly innovate in golf. It's almost always an old idea re-badged. Take Scotty Cameron, most of his putters are copies of either Ping or Odyssey

 

You're right you look at a face of PXG iron and it's a Ping plain and simple they didn't innovate anything by injecting something in an iron. Instead of goo TM used foam so don't know what basis PXG has for a suit. Like others mentioned TM injected their ICW irons over 20 years ago as have others since. PXG had to file something.