Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 1 of 39 PageID:

Conclusion

C.

B.

III.

II.

I.

Introduction

MCNULTY,

NIKE,

ANTHONY

IRREVOCABLE

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OPINION

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‘754

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1

1-cv-06327

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5 5 Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 2 of 39 PageID:

Introduction

This Opinion contains the Court’s construction of key patent terms following a . This case arises from a dispute over the proprietary design of golf club heads. The plaintiff is a trust representing the interests of Anthony Antonious, now deceased, who was “a prolific inventor of golf equipment.” Plaintiff (the “Trust”)’ owns U.S. Patent No. 5,735,754 for an Aerodynamic Wood Golf Club Head (the “ ‘754 patent”). (A copy of the ‘754 patent, with Certificate, is annexed to this opinion.) See Plaintiff’s Opening Markman Brief under Loc. Pat. R. 4.5(a), November 5, 2012, ECF No. 37 (“P1. Opening Br.”) at 1.

The Trust alleges that the defendant, Nike, Inc., has infringed the ‘754 patent by “making, using, importing, advertising, offering for sale, and selling products infringing Plaintiff’s ‘754 patent including, without limitation, various drivers, hybrids and fairways woods sold under the name SQ DYMO, and other Defendant’s golf clubs, principally during the 2008 to 2011 period.” Complaint, filed October 27, 2011, ECF No. 1 (“Compl.”) ¶ 13. Nike responds that the claims of the ‘754 patent are not nearly as broad as the Trust seems to think. Nike further submits that, during a reexamination of the ‘754 patent, the Trust disclaimed critical elements upon which it now bases its claims of infringement. See Defendant Nike Inc.’s Opening Claim Construction Brief for Claims 1 and 9 of U.S. Patent No. 5,735,754, November 7, 2012, ECF No. 39 (“Def. Opening Br.”) at 1.

Patent construction must of course precede any analysis of patent infringement. Therefore, on April 29, 2013, I convened a Markman hearing to determine the meaning of various claims contained in the ‘754 patent. See Markman v. Westview Instruments, Inc., 52 F.3d 967, 976—79 (Fed. Cir. 1995) (en banc), affd, 517 U.S. 370, 116 S. Ct. 1384, 134 L. Ed. 2d 577 (1996). I have carefully considered all of the parties’ written submissions and arguments. In this Opinion I set forth my construction of the patent claims in dispute.

I. Factual Background and Procedural History

The Trust claims that Mr. Antonious’s invention “relates to improvements in the aerodynamic configuration of the base or bottom surface of a club head, which allow greater speed and accuracy of golf swings, for a given application of force by a golfer, by minimizing undesirable effects of air resistance.” P1. Opening Br. at 1.

1 The inventor listed on the patent at issue was Mr. Antonious. For simplicity, this opinion may use “the Trust” to refer to the plaintiff/inventor. 2 Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 3 of 39 PageID: ‘754 starting the PTO patent. prior adding Br. 2 35 35 U.S.C. U.S.C. golf at patent opened art The head, prior using turbulence surface swung. smoother, aerodynamic The producing position straighter stability If. The an affecting months him, propose, any new owner response claimed No patent chapter. certain 4—5. The in golf industry order . § proposed § ‘754 amendment patent present . claim within 304. 305. art September at the which reexamination In will the this During club will on from from Column for club any limitations This for wood to patent any Director during more be laminar reexamination or owner the golf a consideration which heads be reexamination which amended improvement that the claim the produces decision permitted reexamination invention head claims structure type reexamination, bottom aerodynamic permitted to consistent was prior date shots 2008. 1, will finds he the the his of the type “Summary resulting to golf causes issued thereto, may a challenged art a or adverse be patent Trust PTO the to patent that copy greater surface swing, See new for represents airflow in cited given club propose file in at of also original the golf permits had proceeding a in P1. of claim the the a and in a to in a sued substantial aerodynamic under is heads reexamination. April a of surface the statement shots. club Opening reexamination the the adjacent not order particularly given around increased raised, patent reasonable the request creates the new any enlarging determination specification for the previously Trust an 1998. 3 validity head a Invention.” by claim amendment to under applied the provisions for alleged golfer the improvement reduces providing new distinguish Br. of on the increased It control resolution speed amended determination the period, or Adams club drag such was at of this question rear on proceeding claims considered.” scope to of the infringement and 1. is swing reexamined2 of chapter, when to head. question, a impact, undesirable of edge According given not an hit and claim ‘754 Golf, section his the claims, of of he the the of aerodynamic aerodynamic less over a the longer patent the of patentability A invention may force. or patent will creates claim club “a of under the ‘754 golf the 301, mailed including question. than a thereby competitor club and known Def. wish include patent. to of patent head and by of club club and or The Patent in this Nike, two air by the the Opening is the as to to in a view a PTO ‘754 the by in of Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 4 of 39 PageID:

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C. The Specification and the Disputed Claims of the ‘754 Patent

There are two claims at issue: Claim 1 (amended) and Claim 9 (a new claim), as reflected in the Reexamination Certificate issued in January 2010. Claims 1 and 9 (like all of the patent’s claims) relate to the following specification:

An aerodynamic golf club head including a club head body having a heel, toe, rear surface, ball striking face, upper surface and bottom surface.

Claim 1, as amended at the time of reexamination, describes the following “improvement”:

An aerodynamic configuration on, and substantially parallel with, said bottom surface adjacent said rear surface in the form of a c-shaped slot having an open end facing forwardly toward said ball striking face; said aerodynamic configuration further including a skid surface formed on and raised from said bottom surface; said skid surface having a wall separating said skid surface from said bottom surface, said c-shaped slot transecting a virtual centerline passing through said ball striking surface and said rear surface of said club head.

Reexamination Certificate, p. 2, lines 16—30. (Disputed terms are in bold. Amendments at the time of reexamination are in italics. Note that some phrases are both.)

Claim 9, added as a new claim in the reexamination, describes the following “improvement”: An aerodynamic configuration within, and substantially parallel to, said bottom surface adjacent said rear surface, in the form of a c-shaped slot having an open end facing forwardly toward said ball striking face, said slot offset from, and a portion thereof passing through, a virtual centerline passing transversely through a heel-to-toe axis of said club head. Id., lines 41-51. (Disputed terms are in bold. All of Claim 9 was added in the reexamination.)

10

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Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 11 of 39 PageID:

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Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 12 of 39 PageID:

terms

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Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 13 of 39 PageID:

jury

court.

settle

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parallelism

argument phrase unattainable

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Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 14 of 39 PageID:

what

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Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 15 of 39 PageID:

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P1. Opening Br. 10—11. The Trust points to several of the ‘754 patent’s drawings, which represent various embodiments of the Patent. Those drawings have shading or contour lines which, according to the Trust, depict c-slots “whose bottom is not flat.” Id. at 13; ‘754 patent, Figures 1, 2, 6, 9, 10. The Trust also relies on statements made during the Patent’s re examination by John P. Gillig (“Gillig”), a professional golfer and club designer who was “retained by [the] Trust as a consultant for the purpose of assisting in the licensing of the many patents of Antonious which were still unexpired at the time of his passing.” See Declaration of John P. Gillig under 37 CFR 1.1328 in Support of Re-Examination Respondent / Patentee, April 20, 2009, Ex. B to P1. Opening Br., ECF No. 38 (“Gillig Deci.”) ¶ 5. Gillig discusses the shape and positioning of the c-slot in the Antonious club in relation to the “Air Bear 1 driver golf club.” The Air Bear, manufactured by the Nicklaus Golf Company and designed by Thomas Stites, a Nike employee, is considered of record for the ‘754 patent. See id. ¶ 7. Gillig explains: The concept of the Air Bear was to reduce so-called airflow separation (AFS) distance because the greater the AFS, the greater the resultant drag force at the toe of the club. . . . [t]he heel-to-toe aerodynamic channel of the Air Bear was formed within the sidewalls of the club which . . . possessed a very small bottom or bottom surface plate. Further, the curvature of the aerodynamic channel of the Air Bear was not parallel to either the bottom surface plate or the crown of the club. . . . [T]he heel end of the Air Bear channel tails upward, away from the face plate and toward the hosel, while the toe end of the Air Bear channel is larger and tails downward toward the face plate. As such, the channel of the Air Bear is not substantially parallel to either the bottom surface plate or the crown of the club. In distinction, the structure of all embodiments of the club taught in the Antonious ‘754 patent was very different. . . . Antonious sought to reduce aerodynamic drag by providing a smoother, so-called laminar type of front-to-rear airflow around the club head to enable a golfer to hit the ball longer and straighter. Antonious also sought to increase aerodynamic stability of the club head to provide increased control of club head position to the golfer during club swing and to provide more consistent ball strikes and therefore launches. Antonious sought to achieve the above by providing a c-shaped aerodynamic slot adjacent to the rear surface of the club and upon the bottom

8 “When any claim of an application or a patent under reexamination is rejected or objected to, any evidence submitted to traverse the rejection or objection on a basis not otherwise provided for must be by way of an oath or declaration under this section.” 37 C.F.R § 1.132.

16 Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 17 of 39 PageID:

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Id. at 15 (citing Maurer Deci. Ex. 4, Nike 00006692—93 (PP. 6-11 of the “Remarks/Arguments,” submitted by the Trust in connection with reexamination).

In addition, Nike relies on a number of statements made during reexamination (including those made by Gillig, discussed above). In those statements, experts refer to the aerodynamic slot as occupying a plane that is substantially parallel to the sole or bottom surface of the club head and attempt to distinguish the ‘754 patent from the Air Bear on that basis. See id. at 15—16.

Third, Nike submits that the Trust, by stipulating during reexamination that the “c-shaped slot does not extend into the sidewalls of the club head,” has “surrendered any interpretation of its claims that would allow the c-shaped slot to be anything but a flat surface that is ‘substantially parallel’ to a flat bottom surface. . . .“ Id. at 17 (citing Gillig at ¶J 11, 19, 24). 3. The Court’s construction

The parties’ positions on the construction of substantially parallel and c shaped slot represent two extremes. The Trust’s construction imposes very little in the way of limitation; Nike’s construction requires that both the bottom surface of the club head and the c-slot have a flat surface, that those flat surfaces be parallel to each other, and that it necessarily follows that the c-slot cannot extend into the club’s sidewalls. I find that the proper construction lies in the middle, perhaps tending toward that of Nike. In so finding, I consider the declaratory statements made during the reexamination process as being part of the intrinsic patent record that is relevant to the construction of revised Claim 1 and newly added Claim 9.

As the Federal Circuit has said, “generally parallel’ envisions some amount of deviation from exactly parallel.” Anchor Wall Sys., 340 F. 3d at 1311. I accept that general principle, and I find the same to be true of “substantially parallel.” But does “substantially parallel,” or just “parallel,” for that matter, presuppose two surfaces that are fiat? Start simple. Two-dimensional lines may, of course, be parallel. / I That reasoning is easily extended to two fiat surfaces that are everywhere equidistant. Take, for example, Figure 5. That Figure shows a cross section wherein the bottom surface of the club head and the bottom surface of the c slot are both visibly flat. And those two flat surfaces (each extended as a plane) seem to be substantially parallel, i.e., substantially equidistant from each other at every point. The parallelism concept, says Nike, can go no further.

19 Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 20 of 39 PageID:

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issue Air

with, shed

the than

the rotational It

be

the

rotational the

the

submitted because of

14).

with

offset,

centerline.

equidistant an

any for

9,

offset;

Bear

appears

club, sufficient

on

prior

just the

light “C”) he Nike,

axis

and

Patent before

of

As according

Air

it

example,

and the

slot

(Winfield to which

the

penned

looks.

the

prior club

was each which

on Bear were

art

of

that

be

the

the

however, Trust’s

or

Air

the

the except

offset;

that from the the

especially

In Trust

was

ruled

likely

not

lateral

to end

the from slot

forward

head,

Bear, art.20

The

slot

equidistant exception: involves

other

Court

fact, meaning

to 29 Deci.

paragraph

centerline.

encompasses

avoid

the

very

significantly

a

Trust

is

manifest

the

could

one

by a acknowledges,2’

Trust’s prior-art that the

offset.

while

the finds

that

Air The

displacement the

farther, whether

rotational much is

the

Trust.

8). the

ends

club that

those

a

same

patent

did of

clearly Bear

be

forward

broad

The not diminution

broader a

Gillig

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the

that

Air

14 broad Thus

from on

purpose

distinguish further

laterally

face.

is

does invalidation.

of

offset

distance

precisely

from

Air channel

patent.

statements

of

the

Bear

construction, rotational

bilaterally either

the

was

is,

dictionary

displacement

his

Bear subjectively the

ends any

not

definition

minds

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from

would the

it Air

limitation

however,

prior

of not

Declaration.

in

offset

necessarily club

from,

offset,

channel appears

symmetric

a was

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Bear

the

thickness

the

of

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lateral

the

or

art satisfy

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that

face.

the

not definition

the

with

centerline.”

prior not

face.

of

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channel

lateral,

on

Air

the

“was

in

drafters

plane had Claim

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offset

to

were

patent

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about

both or

this

the the

art. But

Bear Air But any

that i.e.,

be

not

a a

of Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 30 of 39 PageID:

manner,

not concluding

not “offset.”

ordinary

displacement adopt disposed

patent

offset,

suffice

For

plane the

(Claims This parallel substantially the

characterized the (Claims

formed outwardly (Claim

bottom

ground

the surface (Claim

of c-shaped

as

from

(Claim

Under

meaning

at

its whether

follows.

the

side Trust’s

sidewalls,

though

skid

as

a term

to

the

width,

defined

displacement

from foregoing

he

9)

surface

when

to

1)

on

walls

means 1)

1

displace

surface,

1

the

virtual

slot.

Offset

did

each

may and

Skid

should

construction,

from and Wall

and

correct,

lateral

is

the

flat canons

by the or

of

by were

separate

by

9)

a

legitimately from

other,

the

skirt. raised surface centerline

a

reasons, virtual

9)

separating

where

club

the

the

bottom

the

spacer

control. c-shaped

the

Substantially

incomplete;

golf

was

or from

C-shaped

means

c-shaped

of

spacer

head

ordinary

bottom

and

from

the

and

club rotational. centerline

means construction

underdetermined.

which wall

CONCLUSION

I

the

surface!

of

construct

the

spacer

is

profile,

existing distinct encompass

said

head.

the

the wall,

virtual

swung.

separating

surface/sole,

c-shaped

slot

his slot

is

and

a

parallel

club

bottom

sole

skid

and

wall, that

described

surface

statement

in

30

To

and

means

from

or centerline

the

customary

head.

the

set

designed

of

disposed

“offset

along

surface

be

either

disputed the

slot

with/to

the

the surface

sole/bottom

the

forth

of

But

sure, an

plane

in

perimeter does

separated that bottom

a

club

from”

the

of

a

substantial

Claim

from to

aerodynamic

that, at

above,

meaning

the lateral

means

terms

so

the

not

skim

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a

golf

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are

displacement means

club

as

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in

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said

surface,

extend

9.

walls

essentially

club

that

of across

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head.” Bear

the

of

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into

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the

the

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word

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was

and

for

or

I Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 31 of 39 PageID:

Dated: January 8, 2014

I / Kevin McNulty ) United States District Judge

31 Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 32 of 39 PageID:

Antonious

United

[21] [54) [58] [51] L76] [56] [52] [22]

D. D.

I16k\

350,116 363,749

AppL FiIed Inventor AERODYNAMIC CLUB U.S.

Field

124

CL

of

No.:

READ

U.S.

1011995

Search

States _._.__..._..

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132

759,924 Dec. Anthony Fad,

PAThNT

D21/216,

References

4,

Antonloes

Kcami _._.._..——

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[996

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328,

Patent

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Antonlous,

126-”

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324,

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5,467,988

364,204

surface.

Fnamlne,’-.-Sebasdano

a

Agent,

wood

Patent

Date

toward

rear

configuration

8 1111995

1011995 1011974 12/1993

11/1995

5/1994 5/1951 511936

6f1996

surface

or type

ClaIms,

of the US005735754A

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Number:

ball

Patent:

golf

ABSTRACT

Un

Milhigna Gallagher Rogeason Werner Gonnan Heawood MacDoagali Kim

and

3

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Drawing

club

foamed

having ..___. ._...... ,,....._...... _. .._...... Passaniti

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face

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open Welsh

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particular

improved

the hitting sole. clubs and determined a known or turn, tional club force drag

the aerodynamic 3,997,170 Pat. art SIndair

5,004.241,5,193,810, at ers. known edge aerodynamic

speed aerodynamic surface

ment Qow also for resulting more during c-shaped wood face The located and front edges sole creates Include bail. ground spacer club vided of

golf

The

Wood

Over

The aL onto

The first

examples In

aerodynamic

the

a the

of that Nos. sloped

creates

open as of

which causes around developed of

given of AERODYNAMIC permits head hole

present

shapes a ball consistent another

laws type of when shot

between present prior

well this

a club the BACKGROUND the weight wall golf golf

the and

a the reduces

5,203.565 adjacent reduces

surface the

a

to aerodynamic

putting

the

aerodynamic skid in

D275,412 end to

striking to raised by

SUMMARY

same to of

swing, applied

side type of a golf generally years, increased asmy bail metal club

club club shapes adverse head art which

the

Goldberg, of

obtain Increased

the club surface drag create the a invention further a

metal

of

physics.

preferred

structure

of given invention

golfer

these

wood by the

walls,

drag a club when the type the golf dub have

undesirable

head. club surface.

sole

the

club head head,

own where the longer wood head

and

face club

especially to

a

to also

swing

c-shaped

maximum wood

c-shaped

CLUB club

substantial

to

golfer direct golf

erratic rear head. of on type are shots. Murray

follows head, aerodynamic 5,221,086 Inemase type to head

plate club

aerodynamic

Includes

surface

U.S. the creates

head

In

of slot 4,065,133 1rpica1 between of

control relates

which Simmons, heads enabling provides

OF the

type

hit embodiment, the

most

also distance METAL head

OF represents hole

The

force.

surface a

the the of type

club

golf 1

A speed air head

Pat.

formed for

club HEAD longer THE on having

preferred

bottom movement

THE is

golf

slot golf

slot air at at used golf

the

club froma

present

club

turbulence a speed flow distance distance on have produces

to the

wood

a a

golf club

Nos. head

of

at, swung.

and air The smoother, impact,

the

head

particular In c-shaped the

an turbulence INVENTION faces at

and contours and

club golf

on (he to club WOOD

dub

INVENTION

“through

and stability 2,550,840 bottom head and the

The a

on adjacent

the turbulence, accordance surfaces,

sole

aerodynamic heads 5,511.786 club an been

sole

dub generated aerodynamic 4.828265,4,930,783, Gordos, tee

is the

and smooth

the are embodiment,

as bottom

a invention

forwardly club the heads

heads straighter

using In 5.467,989 moment

club the

swung Improvement

This club speed position. and

venturi

thereby

It and greater

rear bottom usually head

to adjacent occurs.

mctalwood

the

developed

aerodynamic

bottom by of laminar

surface Is GOLF

o(the golf

ball

heads

the

skim

the

which

head aerodynamIc head the are

swung. this 4,900,029 Include but upper die

direction providing to aerodynamic

rear

surface by

among for having

to

green” with

which,

of

swing. travels rear

slot

club

includes Milhigan,

producing side

golf used used Fairway toward surface reducing peripheral club

conven

across effect Improve

to

hit

structure

a may sole and

the impact

position having

of type

a

surface causes given

5,735,754

Good surface

Prior is

well

with walls. golf metal U.S a shots head

of over the

head oth for for

rear

an

on

In

sur of

also pro

in

golf is slot

and

air an to

the

the

the

or

a

a

10 s

20

30

40

so

35

so

65

dynamic

club laminar

force

the golf substantially

increases occurs near

become

a panying ferred

serve

In of

FIG.

aerodynamic of (1011.

present present

disclosed The Therefore, invention, disclosed preted

and/or as part

head A 100

upper namic member and Another

I24andlsseparatedtherefrombyaspacerwall c-shaped Preferably, c-shaped Other surface

surface adjacent to

FIG.

FIG.Zisabottomperspectiveviewofthegolfclubhead P30.3 FiG. FIG. accordance FIG. P10.1. P10.7

PIG. FIG.

RG.l0lsabottomvlewofaforthembodimcntofibe

FIG. The

bottom

head club primary FIGS.

a

the the by

3. to bottom BR]BF In

of aerodynamic embodiments

basis

to

100

air

1

4 as 5 objects surface the apparent 6 detailed drawings surfaces use 8 explain accordance effects

Invention. the head Invention. 9 ball 6.

rear with

club

Is reduce

124 Is Is is Is 120

Is DESCRIPI1ON

is

126

1-S limited, herein. flow Is object

the

a

slot

aerodynamic is golfer. sole

for

embodiments specification reduce a a object the an the a

rear which a

bottom

surface strildng

a DESCRJP1’ION

golf

higher surface head

having the bottom

and across rear conventional

sectional with which

bottom

interface show

bottom andadvantages end

teaching

which

130 118. to

invention. details

the

drag

and embodiments

adjacent

elevational

in

club which

c-shaped It

faces

Is

elevational but reduce

of

speed

surfaces

the

drag

taken clcvational with

principles

may

being should

the

view speed

approximately 124.The rear

a to

includes an EMBODIMENTS

extends face

perspective

on

the

of

view

In merely

mlnhnlze

first

present

disclosed view

view

forwardly

improved provide

of following

one are and

the

the

accordance and the

and

slot present

surface

into be of

122. drag

fora

the toward

OF

2

are

be

In the embodiment

of

slot of

incorporated an present

dub

view

improve

outwardly skilled of

dub

taken together lift

bottom embodied

130 a

OF conjunction as

view

shape, of understood, THE

of

rear

a invention. the

of

view

aerodynamic resulting

given bottom

hosel

merely

a

the

a

second

by invention 130 view turbulence

the the herein

120,

THE head

the

aerodynamic with the third thereof.

head is

club

description

golf

along

two

thereof.

PREFERRED concentrating Invention. of

basis in

with

present

thereof.

sole present

formed

except application

112,

with

extends swing present

bail

ball of

as

the

open surface

from DRAWINGS

the

thirds embodiment head

where

club

are embodiment

of

exemplary

in in

the

the

in 124 the

for

it

with

heel

however,

striking

the art

Is striking

a

a

is club

and various invention not

golf stability. and for

ends golf the Invention. present

golf the create lines

to more on Includes

head

of invention

Thegolf how swung.

description.

from

of

the

surface 124 turbulence

114,

provide

to

the constitute bottom

the

of club

the

claims increase

club head

the club

air 132

5—S

accom

face be

face swing

to stable which

and

toe that aero

aerody distance Inven

of

a

of

forms.

bottom

flow

128.A

of head

pre

will

head

a inter-

make

of

on

head

point

to

club

116, skid

122.

sole the and

rear the a 122 an

the are

of

the Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 37 of 39 PageID:

within striking head Is minimize laminar 128 dub hereinabove club walls upper formed skid 220. the bail

extends creating a offset described tion.

golf

FIGS. the surface

handed toe

swing limit and to appended within prism: body The surface

swung. FIGS.

The side

FIG.

P10.10

It

bottom While

I cover also

1.

head

striking 226 selectively direction The

head 100.

club

described, will

claim:

222. A aerodynamic

the

surface An the

In

having slot

face

9 surface

on flow

characteristics

9

the rearwardly

427

6. serve

golf and an or open

turbulence and the At and 200 The

all curved be head Invention shows 200

aerodynamic various in

the

surface a

230 7,

shows cms. right-handed.

sphit additional

122

and the

face a in appreciated antI modifications bail

FIGS.

direction

In

bottom 10

of club and a end air

is to spacer 218. bottom

400

327 is in that

heel, accordance it

same and

allow

the includes walls another similar direct an

224. striking and is formed

will order

of

another 8 preferred 225.

slot

and head

by rear 1-S and area

and expelled aerodynamic and

show heel

the directs

We.

surface, wall

scope

surface

time, be

air of of

greater such

of

Includes Ac-shaped the 130

to

golf

upwardly

and slot

an to reduce

surface of that rear

embodiment understood 300 with the

414 the

channel face

more 238 a

a a embodiment

and

air that 3 with

catches the

disclosure, aerodynamic of the it

hose!

embodiments 230 second particular club includes

c-shaped

the rearwardly surface, toe

wherein

of 225

toward

club is separating a the flow

224. alternate

club

effectively described skid drag

a venturi the

faces

220.

the offset 316

head similar

slot

bottom

into

Invention 212, to adjacent

head aerodynamic

air

rearwardly present

embodiment

bottom

head

that 126 club

as direct

a ball the

of 430

forwardly the of upper just slot

the Including but aerodynamic golfer,

bottom

similar heel

the opening

constructions

speed the out

the the

there and surface

rear slot to

Improvement strikingfacc, head

to 100.

whIch

have rear rather, accommodate 130 behind

the

invention. the club

surface

as club

the of skid 214. the present

toe

spacer

330

surface

Is whether

at rear defined of surface to to 400. surface air

the

been

toward

232 slot club

head

425, 230.

a no is club

of the

bead 226 is

the increase FIG. toe

the

whIch

flow.

club

slot offset surface

intended

intent 225.

a

slots 230 walls inven whIch

heel

5,735,754

club

head This shown from

falling a bail 216.

golf 120 100

side

head

In 300. 325.

upper

9. 220

side

the coin- left to head

the is

the a

Is of in or A

to

tO

20

25

35

45

including extending toward said said

body prises: surface

said

said

head. Is

body prises: an surface

2.

3.

4.

an

5. 6.

7. further

8.

adjacent having rating including striking an bottom

slot

club The The

An

aerodynamic

having adjacent having bottom striking slot nat

The slot The

The

An

aerodynamic

adjacent having including having striking with aerodynamic

said

aerodynamic and

aerodynamic is

and

in a

head.

aerodynamic aerodynamic

Is aerodynamic rearwardly

is aerodynamic

aerodynamic

said aerodynamic defined venturi

further

an

rear surface; a bottom

offset

and offset a face;

said an

surface

bottom face;

a heel-to-toe a

an said heel,

open

face;

saidrear heel, skid skid

open

surface.

rear open a

extending

opening defined

rear said

toward toward by said

configuration

toe, venturi

surface,

surface end

configuration slot

surface

toe, said

surface, centerline

said

end from

configuration surface

being

golf

end

surface

slot

rear golf aerodynamic golf golf golf

*

surface

golf

golf facing

toward rear

direction. skid

facing

aerodynamic

said by said

in

club

facing

said

* being 4 opening formed

surface,

club wherein

club offset club from rearwardly club

fluid surface, in

wherein club being club

surface

in

heel.

* toe.

passing forwardly

the

head

In c-shaped

said

forwardly

of

the head

on offset head

head said forwardly

cornniunicatlon

from the head

head

on *

form

on

claim offset

ball on

the

in form

rear said configuration ball including

the

form

* having and Including said

bottom

of

from

through of

fluid

configuration said said

of improvement striking of

from of

aerodynamic

sulking improvement I from surface. toward

of claim

raised bottom

claim

daim a

claim toward

of wherein

bottom

toward toe a a

c-shaped

bottom

communication

a

a

center c-shaped

surface.

said

a said

c-shaped

wall

a

face.

of

a I from

dub

1 face, 4 said 3

longiludi

with

club

wherein surface

said

said

further

further wherein

said heel wherein

c-shaped said surface

of sepa

upper surface

further com

head said ball

slot

upper

and slot

com

said head ball

club slot

slot

of

ball

slot Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 38 of 39 PageID:

United Antonlous

(54)

(75) (73)

Reexamination

Reexamination

Certificate (51)

(52) (38)

(56)

Golf Golf

H40s. H4OWOOCIS.

(12)

AERODYNAMIC

HEAD 5.456.469 6.257.991 Inventor: AssIgnee: D350.176 0363.96)

D372.063 Digest. No.

Patent

Magazine. lssued Appi. Filed:

InLCL

US. FIeld 4638 See

EX

901010.266.

of

application

CL

No.:

of

No.:

33104

Correction

Ma,.

States

U.S.

Classification S S A S

81

Request

Certificate ......

OTHER

Anthony PARTE (US) Thist. Anthony

Mar

1994.

• •

PATENT

References

1011995 1)11993

811994

711996 7l00l

file Sep.

5,735,754

1994. Apr. 081759,924

Dec.

Wanaque.

Issued

p.1

METAL

PUBLICATIONS

for

3. .1

2,2008

for:

(2006.01)

Patent

l.Advenlsement 7,

4,

Antonlous

Antonlous.

DOCUMENTS p. .. complete

Antonlous MacDougall Search Ortiz

Hueber Kizynowek

1998 Jul.

1996

66.

REEXAMINATION

Cited ..

NJ WOOD

1,2008.

Ben

(US) ....

search

Irrevocable ..

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Hogan

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surface .

Jan.

H40

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H40 .

configuration

Number:

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by

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the

clubs.

clubs.

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cost

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cast Apr.

ball 1996

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and

type

Equipment.

clubs. clubs. May

clubs. Jun.

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May

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1994.

PGA

Golf’s 1996.

US005735754C1

having

1996.

1994. 1994.

golf 1996.

formed

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p.

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face

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p.70.

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ball

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claim

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wherein

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toe determined hawing said

patentable.

patentable

HAS

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surface;

striking

said

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transversely

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