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1:17-Cv-06672 Document #: 2 Filed: 09/15/17 Page 1 of 28 Pageid #:4 Case: 1:17-cv-06672 Document #: 2 Filed: 09/15/17 Page 1 of 28 PageID #:4 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS Parsons Xtreme Golf, LLC, a Delaware limited liability company, Case No. 1:17-cv-6672 Plaintiff, JURY TRIAL DEMANDED v. Golf & Tennis Pro Shop, Inc., d/b/a PGA TOUR Superstore, a Georgia corporation; DICK’S Sporting Goods, Inc., a Delaware corporation; and Golf Galaxy, Inc., a Minnesota corporation, Defendants. COMPLAINT For its Complaint against Defendants, 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. 14763076.4 222769-10177 Case: 1:17-cv-06672 Document #: 2 Filed: 09/15/17 Page 2 of 28 PageID #:5 2. Defendant Golf & Tennis Pro Shop, Inc., d/b/a PGA TOUR Superstore (“PGA Tour Superstore”) is now, and has been at all relevant times, a Georgia corporation having its principal place of business in Roswell, Georgia. 3. Defendant DICK’S Sporting Goods, Inc. (“Dick’s Sporting Goods”) is now, and has been at all relevant times, a Delaware corporation having its principal place of business in Coraopolis, Pennsylvania. 4. Defendant Golf Galaxy, Inc. (“Golf Galaxy”) is now, and has been at all relevant times, a Minnesota corporation having its principal place of business in Coraopolis, Pennsylvania. JURISDICTION AND VENUE 5. This civil action includes claims for patent infringement arising under the Patent Act of the United States, 35 U.S.C. §§ 1-376. 6. This Court has subject-matter jurisdiction over this action under 28 U.S.C. §§ 1331 and 1338. 7. This Court has personal jurisdiction over PGA Tour Superstore and venue is proper in this District under 28 U.S.C. § 1400(b), because PGA Tour Superstore sells or offers to sell infringing products in this District via its website, and maintains regular and established places of business located within the District, specifically stores that are, upon information and belief, owned and operated by PGA Tour Superstore located at 1319 E. Golf Rd., Schaumburg, IL 2 14763076.4 222769-10177 Case: 1:17-cv-06672 Document #: 2 Filed: 09/15/17 Page 3 of 28 PageID #:6 60173; and 1017 Butterfield Road, Downers Grove, IL 60515. These stores not only sell or offer to sell infringing products, but upon information and belief they offer seminars, lessons, custom fittings for equipment, and indoor golf tournaments for weekly cash prizes. 8. This Court has personal jurisdiction over Dick’s Sporting Goods and venue is proper in this District under 28 U.S.C. § 1400(b), because Dick’s Sporting Goods sells or offers to sell infringing products in this District via its website, and maintains regular and established places of business located within the District, specifically stores that are, upon information and belief, owned and operated by Dick’s Sporting Goods located at, inter alia , 1538 N. Clybourn Ave., Chicago, IL 60610; 1100 S. Canal Street, Chicago, IL 60607; 5601 Touhy Ave., Niles, IL 60714; 1900 Tower Drive, Glenview, IL 60026; 810 E. Butterfield Road, Lombard, IL 60148; 275 Skokie Blvd., Northbrook, IL 60062; 1 Orland Park Place, Suite 1, Orland Park, IL 60462; 601 N. Martingale, Suite 195, Schaumburg, IL 60173; 401 E. Palpatine Road, Arlington Heights, IL 60004; 328 West Army Trail Road, Bloomingdale, IL 60108. 9. This Court has personal jurisdiction over Golf Galaxy and venue is proper in this District under 28 U.S.C. § 1400(b), because Golf Galaxy sells or offers to sell infringing products in this District via its website, and maintains regular and established places of business located within the District, specifically 3 14763076.4 222769-10177 Case: 1:17-cv-06672 Document #: 2 Filed: 09/15/17 Page 4 of 28 PageID #:7 stores that are, upon information and belief, owned and operated by Golf Galaxy located at 15756 Lagrange Road, Orland Park, IL 60462; and 555 East Townline Road #9, Vernon Hills, IL 60061. ALLEGATIONS COMMON TO ALL COUNTS PXG INNOVATES THE 0311 IRONS 10. 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.” 11. 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 4 14763076.4 222769-10177 Case: 1:17-cv-06672 Document #: 2 Filed: 09/15/17 Page 5 of 28 PageID #:8 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. 12. A depiction of PXG’s flagship product, the 0311 iron, is here: THE PXG PATENTS 13. 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. 14. 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: 5 14763076.4 222769-10177 Case: 1:17-cv-06672 Document #: 2 Filed: 09/15/17 Page 6 of 28 PageID #:9 15. 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: 16. 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. 6 14763076.4 222769-10177 Case: 1:17-cv-06672 Document #: 2 Filed: 09/15/17 Page 7 of 28 PageID #:10 17. 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. 18. 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. 19. The ’143 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, and the first weight portion has a mass less than the mass of the second weight portion. 20. On May 24, 2016, the PTO issued U.S. Patent No. 9,345,938 (the “’938 patent”), entitled “GOLF CLUB HEADS AND METHODS TO 7 14763076.4 222769-10177 Case: 1:17-cv-06672 Document #: 2 Filed: 09/15/17 Page 8 of 28 PageID #:11 MANUFACTURE GOLF CLUB HEADS” to PXG. A true and correct copy of the ’938 patent is attached to this Complaint as Exhibit C. 21. 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 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. 22. On May 24, 2016, the PTO issued U.S.
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