CALLAWAY GOLF CO. v. ACUSHNET CO.

No. 2009-1076.

576 F.3d 1331 (2009)

CALLAWAY GOLF COMPANY, Plaintiff-Appellee, v. ACUSHNET COMPANY, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 14, 2009.


Attorney(s) appearing for the Case

Frank E. Scherkenbach, Fish & Richardson P.C., of Boston, MA, argued for plaintiff-appellee. With him on the brief was Thomas L. Halkowski, of Wilmington, DE.

Henry C. Bunsow, Howrey LLP, of San Francisco, CA, argued for defendant-appellant. With him on the brief were Joseph P. Lavelle and Kenneth W. Donnelly, of Washington, DC, and Richard L. Stanley, of Houston, TX. Of counsel on the brief were Edward A. Pennington and Amanda M. Rettig, Hanify & King, PC, of Washington, DC.

Before LINN, DYK, and PROST, Circuit Judges.


DYK, Circuit Judge.

Callaway Golf Company ("Callaway") brought suit against Acushnet Company ("Acushnet"), alleging that Acushnet had infringed various claims of four golf ball patents owned by Callaway (known as the "Sullivan patents").1 Acushnet stipulated that its golf balls infringed, but contended that the asserted claims were invalid for anticipation and obviousness. After construing the claims, the district court granted summary...

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