1 TERRY D. GARNETT (SBN 151212) DONALD A. MILLER (SBN

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14760374.3

222769-10177 COMPLAINT

Loeb & Loeb A Limited Liability Partnership

Including Professional Corporations

TERRY D. GARNETT (SBN 151212) DONALD A. MILLER (SBN 228753) Loeb & Loeb LLP 10100 Santa Monica Blvd., Suite 2200 Los Angeles, CA 90067 Telephone: 310.282.2000 Facsimile: 310.282.2200 Email: [email protected] Email: [email protected] ADAM G. KELLY (pro hac vice application pending) Loeb & Loeb LLP 321 North Clark Street, Suite 2300 Chicago, Illinois 60654 Phone: (312) 464-3100 Fax: (312) 873-4187 Email: [email protected] Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

SOUTHERN DIVISION

Parsons Xtreme Golf, LLC, a Delaware limited liability company,

Plaintiff,

vs.

Worldwide Golf Enterprises, Inc., a California corporation,

Defendant.

Case No. 8:17-cv-01602

COMPLAINT

Case 8:17-cv-01602 Document 1 Filed 09/14/17 Page 1 of 20 Page ID #:1

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For its Complaint against Defendant, Plaintiff Parsons Xtreme Golf, LLC

(hereinafter referred to as “PXG”) alleges as follows:

PARTIES, JURISDICTION AND VENUE

PARTIES

1. Plaintiff PXG is now, and has been at all relevant times, a Delaware

limited liability company, having its principal place of business in Scottsdale,

Arizona. PXG is properly registered in Arizona as a foreign limited liability

company authorized to do business in Arizona.

2. Defendant Worldwide Golf Enterprises, Inc. (“Worldwide Golf”) is

now, and has been at all relevant times, a California corporation having its principal

place of business in Santa Ana, CA.

JURISDICTION AND VENUE

3. This civil action includes claims for patent infringement arising under

the Patent Act of the United States, 35 U.S.C. §§ 1-376.

4. This Court has subject-matter jurisdiction over this action under 28

U.S.C. §§ 1331 and 1338.

5. This Court has personal jurisdiction over Worldwide Golf and venue is

proper in this District under 28 U.S.C. § 1400(b) because, upon information and

belief, Worldwide Golf is a California corporation with a principal executive office

located at 1430 S. Village Way Street, Santa Ana, CA 92705; and a principal

business office located at 1408 S. Village Way Street, Santa Ana CA 92705. Upon

information and belief, Defendant also sells or offers to sell infringing products in

this District, including in retail locations at 1421 Village Way, Santa Ana CA

92705; 10031-A Indiana Ave., Riverside CA 92503; 80555 Highway 111, Indio, CA

92201; and 11849 Foothill Blvd., Ste. D, Rancho Cucamonga, CA 91730.


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ALLEGATIONS COMMON TO ALL COUNTS

PXG INNOVATES THE 0311 IRONS

6. PXG, founded in September of 2014 by well-known business man,

philanthropist, and avid golfer Bob Parsons (“Parsons”), was born out of Parsons’

desire to make the world’s best golf equipment. Sparing no expense and with no

cost or time constraints, PXG engaged in the long process of researching various

alloys, exploring new technologies, and identifying unique properties that would

make PXG clubs unlike anything else. That effort innovated a new technology that

PXG implemented to create a revolutionary iron—one with an expanded sweet spot,

having an ultra-thin club face, and an elastic polymer material injected in the

hollow-bodied club head. That iron is not only better-performing, but it sounds and

feels great. 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. As PXG’s advertisements suggest: “Nobody

makes golf clubs the way we do. Period.”

7. As a result of Parsons’ passion and PXG’s innovation, PXG has

developed a global patent portfolio of 128 patents. PXG has also introduced a full

line of golf clubs that have and continue to force golfers to change the way they

think about the game, and PXG has quickly become a premium international brand,

with retailers and distributors around the world.

8. A depiction of PXG’s flagship product, the 0311 iron, is here:


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THE PXG PATENTS

9. Parsons, along with Michael Nicolette (“Nicolette”), and Bradley

Schweigert (“Schweigert”) (collectively, the “Inventors”), are the inventors of a

variety of golf club heads and methods of manufacture of golf club heads, many of

which have resulted in issued patents.

10. One common depiction of a golf club embodiment taught in the

Inventors’ patents is a club at the address position with weight portions below the

midplane, for example in Figure 10:

11. Another depiction of a golf club embodiment taught in the Inventors’

patents is a cross-sectional view, which reveals the thin face, elastic polymer

materials filling the interior cavity, and weight portion below the midplane:


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12. On February 24, 2015, the United States Patent and Trademark Office

(“PTO”) issued U.S. Patent No. 8,961,336 (the “’336 patent”), entitled “GOLF

CLUB HEADS AND METHODS TO MANUFACTURE GOLF CLUB HEADS”

to PXG. A true and correct copy of the ’336 patent is attached to this Complaint as

Exhibit A.

13. The ’336 patent teaches, without limitation, an iron-type golf club head

comprising a hollow body portion with an interior cavity filled with an elastic

polymer material, a first weight portion coupled to the hollow body at or proximate

to a top-and-toe transition region, and a second weight portion coupled to the hollow

body at or proximate to a sole-and-toe transition region, wherein the second weight

portion is located below a horizontal midplane of the golf club head.

14. On December 1, 2015, the PTO issued U.S. Patent No. 9,199,143 (the

“’143 patent”), entitled “GOLF CLUB HEADS AND METHODS TO

MANUFACTURE GOLF CLUB HEADS” to PXG. A true and correct copy of the

’143 patent is attached to this Complaint as Exhibit B.



polymer material, a first weight portion coupled to the hollow body at or proximate

to a top-and-toe transition region, and a second weight portion coupled to the hollow

body at or proximate to a sole-and-toe transition region, wherein the second weight

portion is located below a horizontal midplane of the golf club head, and the first

weight portion has a mass less than the mass of the second weight portion.

16. On May 24, 2016, the PTO issued U.S. Patent No. 9,345,938 (the “’938

patent”), entitled “GOLF CLUB HEADS AND METHODS TO MANUFACTURE

GOLF CLUB HEADS” to PXG. A true and correct copy of the ’938 patent is

attached to this Complaint as Exhibit C.

17. The ’938 patent teaches, without limitation, a golf club head

comprising a hollow body portion having a face portion with a thickness of less than


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or equal to 1.5 millimeters, an elastic polymer material in the interior cavity

configured to fill the interior cavity by injection molding, the elastic polymer being

attached to the face and configured to structurally support the face portion during

impact with a golf ball, and weight portions coupled to the hollow body portion

located above and below the horizontal midplane of the golf club head, wherein the

weight portion below the horizontal midplane is greater than the weight portion

above the horizontal midplane.

18. On May 24, 2016, the PTO issued U.S. Patent No. 9,346,203 (the “’203



attached to this Complaint as Exhibit D.

19. The ’203 patent teaches, without limitation, a method for forming a

hollow body portion having a toe portion, top portion, sole portion, back portion,

and front portion having a face, a first weight portion coupled to the hollow body at

or proximate to a top-and-toe transition region, and a second weight portion coupled

to the hollow body at or proximate to a sole-and-toe transition region, wherein the

second weight portion is located below a horizontal midplane of the golf club head,

and forming an interior cavity comprising an elastic polymer material configured to

at least partially absorb impact on the face portion.

20. On June 14, 2016, the PTO issued U.S. Patent No. 9,364,727 (the “’727

Patent”), entitled “GOLF CLUB HEADS AND METHODS TO MANUFACTURE


attached to this Complaint as Exhibit E.



polymer material injection molded in the interior cavity, a bonding portion, a first

weight portion coupled to the hollow body at or proximate to a top-and-toe

transition region, and a second weight portion coupled to the hollow body at or


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proximate to a sole-and-toe transition region, wherein the second weight portion is

located below a horizontal midplane of the golf club head, and the second weight

portion includes a greater number of weight portions than the first weight portion.

22. On January 3, 2016, the PTO issued U.S. Patent No. 9,533,201 (the

“’201 patent”), entitled “GOLF CLUB HEADS AND METHODS TO

MANUFACTURE GOLF CLUB HEADS” to PXG. A true and correct copy of the

’201 patent is attached to this Complaint as Exhibit F.


comprising a body portion having a toe portion, a heel portion, a top portion, a sole

portion, a back portion with weight portions, and a front portion having a face

portion with a thickness being less than or equal to 1.5 millimeters, an interior

cavity, a bonding portion, an elastic polymer injection molded in the cavity, wherein

the elastic polymer material is bonded to the bonding portion, and a greater number

of weight portions are located on the back portion below a horizontal midplane than

above the horizontal midplane.

24. On April 4, 2017, the PTO issued U.S. Patent No. 9,610,481 (the “’481



attached to this Complaint as Exhibit G.


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 in

3, wherein a

greater number of weight portions are located on the rear portion below a horizontal

midplane than above the horizontal midplane.

26. On June 13, 2017, the PTO issued U.S. Patent No. 9,675,853 (the “’853



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attached to this Complaint as Exhibit H.


comprising a body portion with a front portion having a face portion with a

thickness less than or equal to 1.5 millimeters, an interior cavity, an elastic polymer

material injection molded in the interior cavity to structurally support the face

portion during the impact with a golf ball, and a bonding portion, wherein a greater

number of weight portions are located on the back portion of the body below a

horizontal midplane than above the horizontal midplane, wherein at least one weight

portion of the plurality of weight portions is constructed from different material than

the body portion.

28. For each patent referenced above, on or about the time of the filing of

the patent application, the Inventors assigned the entire right, title, and interest to the

patent application to PXG.

THE ACCUSED TAYLORMADE P790 IRONS

29. Among other products, Defendant offers for sale, sells, imports into the

United States, and/or distributes golf clubs under the name TaylorMade P790 (the

“P790 Products”).

30. An example of the P790 Products is depicted here:


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31. The P790 Products exhibit a thin face, polymer material within the

interior cavity and weight portions below the midline of the club:

32. TaylorMade’s website and advertising materials confirm that each and

every element of at least claim 16 of the ’336 patent and claim 15 of the ’203 patent

reads on TaylorMade’s P790 Products.

33. Upon information and belief, each and every element of at least claim

15 of the ’143 patent, claim 15 of the ’938 patent, claim 16 of the ’727 patent, claim

1 of the ’201 patent, claim 1 of the ’481 patent, and claim 1 of the ’853 patent reads

on TaylorMade’s P790 Products.

34. Upon information and belief, Worldwide Golf is a California

corporation with a principal executive office located at 1430 S. Village Way Street,


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Santa Ana, CA 92705; and a principal business office located at 1408 S. Village

Way Street, Santa Ana CA 92705. Upon information and belief, Defendant also

sells or offers to sell the infringing P790 Products in California retail stores.

Specifically, Worldwide Golf advertises via its website that consumers within

California may attend a “TaylorMade P790 Fitting Day” for the P790 Products at

various locations between September 21, 2017, and September 23, 2017, where,

upon information and belief, customers will be allowed to demo, select, and be fitted

for the P790 Products, as well as purchase those infringing products.

CAUSES OF ACTION

COUNT I

(U.S. Patent No. 8,961,336)

35. PXG realleges and incorporates by reference the preceding paragraphs

of this Complaint as though fully set forth herein.

36. Defendant has infringed and continues to infringe directly, by

inducement, and/contributorily by making, using, selling, or offering to sell golf

clubs embodying one or more claims of the ’336 patent, specifically, TaylorMade’s

P790 Products, in violation of 35 U.S.C. §§ 271(a)-(c).

37. Defendant’s infringement of the ’336 patent has been and continues to

be willful.

38. Defendant has had actual notice and/or constructive notice of the ’336

patent under 35 U.S.C. § 287(a).

39. Defendant’s acts of infringement of the ’336 patent will continue as

alleged in this Complaint unless enjoined by the Court.

40. As a direct and proximate result of Defendant’s infringement of the

’336 patent, PXG has suffered and will continue to suffer monetary damages.

41. PXG is entitled to recover from Defendant the damages sustained by

PXG as a result of Defendant’s wrongful acts in an amount to be determined at trial.


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42. PXG has suffered irreparable harm as a result of Defendant’s

infringement of the ’336 patent.

43. Unless Defendant is enjoined by this Court from continuing its

infringement of the ’336 patent, PXG will continue to suffer irreparable harm and

impairment of the value of its patent rights. Thus, PXG is entitled to a preliminary

and permanent injunction against further infringement.

COUNT II

(U.S. Patent No. 9,199,143)








be willful.

47. Defendant has and has had actual notice and/or constructive notice of

the ’143 patent under 35 U.S.C. § 287(a).












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COUNT III

(U.S. Patent No. 9,345,938)








be willful.
















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COUNT IV

(U.S. Patent No. 9,346,203)






P790 Products, in violation of 35 U.S.C. §§ 271(a)-(c), (g).


be willful.















COUNT V

(U.S. Patent No. 9,364,727)




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be willful.















COUNT VI

(U.S. Patent No. 9,533,201)








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be willful.















COUNT VII

(U.S. Patent No. 9,610,481)








be willful.




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COUNT VIII

(U.S. Patent No. 9,675,853)








be willful.








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infringement of the ’853 Patent, PXG will continue to suffer irreparable harm and



PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:

1. For judgment that the ’336 patent is valid, enforceable, and infringed

by Defendant;

2. For profits and damages resulting from Defendant’s past and present

infringement of the’336 patent;


by Defendant;




by Defendant;




by Defendant;


infringement of the ’203 patent;


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by Defendant;




by Defendant;




by Defendant;




by Defendant;



17. For injunctive relief, preliminarily and permanently enjoining against

the continuing infringement of the ’336 patent by Defendant, its officers, agents,

servants, employees, and those persons acting in active concert or in participation

with it, under 35 U.S.C. § 283;










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25. For increased damages, interest, and costs under 35 U.S.C § 284;

26. For judgment that this is an exceptional case under 35 U.S.C. § 285;

27. For an award of reasonable attorneys’ fees under 35 U.S.C. § 285;

28. For costs and disbursements incurred by PXG;

29. For an assessment of prejudgment interest; and

30. For any other and further relief as the Court deems just and proper.


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JURY TRIAL DEMAND

Plaintiff demands a jury trial on all issues that are triable by a jury.

Dated: September 14, 2017 LOEB & LOEB LLP TERRY D. GARNETT DONALD A. MILLER

By: /s/ Terry D. Garnett Terry D. Garnett Attorneys for Plaintiff


Documents

1 TERRY D. GARNETT (SBN 151212) DONALD A. MILLER (SBN