Winn Inc. v. Eaton Corp.

ORDER RE: MOTION FOR SUMMARY JUDGMENT

I. BACKGROUND

This case stems from the alleged infringement of patented technology for golf club grips. Plaintiffs’ First Amended Complaint (“FAC”) succinctly sets out a claim for infringement of patents numbered 5,695,418 (“the ’418 patent”) and 5,797,813 (“the ’813 patent”). (First Amended Complaint, hereinafter FAC, p. 2). Specifically, Plaintiffs aver “Defendants Eaton Corporation and Kent Sports, Incorporated have infringed U.S. Letters Patent Nos. 5,695,418 and 5,797,813 by offering for sale and selling the aforementioned WHISPER golf club grips.” (Complaint, ¶ 10). In its First Amended Complaint, Plaintiffs set forth the same allegation (FAC, ¶ 10) and added that “KENT SPORTS INCORPORATED has also infringed U.S. Letters Patent Nos. 5,695,418 and 5,797,813 by offering for sale and selling golf club grips marketed under the trademark ‘ALPHA.’ ” (Id. ¶ 11). The FAC also states Eaton had prior knowledge of the patents before committing these acts of infringement; and the acts of infringement were willful and wanton. (Id. ¶¶ 10, 14 and 15). The parties have come to agree that the accused product is the Whisper golf club grip. (P. & A., p.…