DOCSLIB.ORG

In the United States District Court for the Eastern District of Pennsylvania

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
In the United States District Court for the Eastern District of Pennsylvania Case 2:09-cv-02454-MMB Document 88 Filed 02/05/10 Page 1 of 26 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA GREENKEEPERS OF DELAWARE, LLC : CIVIL ACTION and GREENKEEPERS, INC., : : Plaintiffs, : NO. 07-2419 v. : SOFTSPIKES, LLC, and PRIDE : MANUFACTURING, LLC, : : Defendants. : GREENKEEPERS, INC. and : CIVIL ACTION GREENKEEPERS OF DELAWARE, LLC, : : Plaintiffs, : NO. 09-2454 v. : TAYLOR MADE GOLF COMPANY, INC.,: CALLAWAY GOLF COMPANY, and : ECCO USA, INC., : : Defendants. : MEMORANDUM ON CLAIM CONSTRUCTION Baylson, J. February 5, 2010 I. Introduction Plaintiffs Greenkeepers, Inc. and Greenkeepers of Delaware, LLC (collectively, “Greenkeepers” or “Plaintiffs”), allege, inter alia, that Softspikes, LLC (“Softspikes”), Pride Manufacturing, LLC (“Pride”), Taylor Made Golf Company, Inc. (“Taylor Made”), Callaway Golf Company (“Callaway”), and ECCO USA, Inc. (“ECCO,” collectively with Softspikes, Pride, Taylor Made, and Callaway, “Defendants”) infringed upon Greenkeepers’ U.S. Reissued Patent Number RE40, 047 (filed Mar. 11, 2004) (“‘047 Patent”) on small removable golf cleats by selling golf cleats purportedly covered by the ‘047 Patent. Presently before the Court are the parties’ briefs on claim construction pursuant to Markman v. Westview Instruments, Inc., 52 Case 2:09-cv-02454-MMB Document 88 Filed 02/05/10 Page 2 of 26 F.3d 967 (Fed. Cir.1995) (en banc), aff'd 517 U.S. 370. On January 21, 2010, the Court heard oral argument on claim construction. II. Legal Standard Generally, a claim term is given its “ordinary and customary meaning,” that being the definition given by “a person of ordinary skill in the art in question at the time of the invention.” Phillips v. AWH Corp., 415 F.3d 1303, 1313 (Fed. Cir . 2005) (en banc). The Federal Circuit has explained that the claim construction inquiry begins by looking at the intrinsic evidence: the language of the claims, the specification, and the prosecution history. “[T]he claims themselves”—that is “the use of a term within the claim,” “[o]ther claims of the patent in question, both asserted and asserted,” and “[d]ifferences among claims”— “provide substantial guidance as to the meaning of particular claim terms.” Id. at 1314. “[I]t is [also] appropriate for a court . to rely heavily” on the specification, the patentee’s written description, for guiding as to the meaning of the claims.” Id. at 1314. In fact, “the specification ‘is always highly relevant to the claim construction analysis. Usually, it is dispositive; it is the single best guide to the meaning of a disputed term.’” Id. at 1315 (quoting Vitrionics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1582 (Fed. Cir. 1996)). Additionally, the court “should also consider the patent’s prosecution history, if it is in evidence.” Markman, 52 F.3d at 980. Though “less useful” and “often lack[ing] the clarity of the specification,” “the prosecution history can often inform the meaning of the claim language by demonstrating how the inventor understood the invention and whether the inventor limited the invention in the course of prosecution, making the claim’s scope narrower than it would otherwise be.” Phillips, 415 F.3d at 1317. 2 Case 2:09-cv-02454-MMB Document 88 Filed 02/05/10 Page 3 of 26 Apart from intrinsic evidence, the court is also authorized to rely on extrinsic evidence, that being “‘evidence external to the patent and prosecution history, including expert and inventor testimony, dictionaries, and learned treatises.’” Id. (quoting Markman, 52 F.3d at 980). Such evidence, through “shed[ding] useful light on the relevant art,” is “less significant than the intrinsic record in determining the legally operative meaning of claim language,” and “is unlikely to result in a reliable interpretation of patent claim scope unless considered in the context of the intrinsic evidence.” Id. at 1317, 1319 (internal quotation marks omitted). III. Discussion The parties dispute the construction of several terms: (A) “outwardly angled,” (B) “teeth” and “traction teeth,” (C) “low profile,” (D) “lateral stability and traction through the plane of a golf swing,” (E) “enhanced” or “to enhance” lateral stability and traction, (F) “axis ALT,” and (G)“shoe mounting” or “attachment member.” The Court will address each in turn. A. “Outwardly Angled Traction Surface” Claim Terms Plaintiffs’ Construction Defendants’ Construction “outwardly angled traction “a surface facing away from “a surface facing away from surface” (Claim 7) the axis AL that provides the axis AL that provides traction, having an outward traction, having an outward “outer traction surface having an angle relative to the axis AL angle relative to the axis AL outward angulation” (Claims 9, that is predetermined” that is predetermined, such 19-23) that the angle does not change “outer traction surface extending in use” from said main body in a direction away from and at an angle to said axis AL” (Claims 12-14, 17-18) The ‘047 Patent describes the covered golf cleats as having a traction surface that is “outwardly angled.” ‘047 Patent, col. 5 l.50; see also id. col.5, ll.66-67, col.7, ll.1, 14-15, 30-32, & col. 8, l.1. The parties agree as to the first part of the definition, that being, “a surface facing 3 Case 2:09-cv-02454-MMB Document 88 Filed 02/05/10 Page 4 of 26 away from the axis AL that provides traction, having an outward angle relative to the axis AL,” but disagree as to the second part respecting whether the angle can change in use. 1. The Parties’ Contentions Greenkeepers contend that the ‘047 Patent’s intrinsic evidence indicates that the outward angle “is predetermined,” which means that the angle is settled in advance and “maintain[s] the desired angle . throughout the life of the cleat,” ‘047 Patent, col.2, ll. 12-14, not that the angle will not change in use. (Pls.’ Resp. 2-3, Softspikes, Docket No. 70, Taylor Made, Docket No. 68.) Greenkeepers aver that the claim language and patent specification provide that the cleats are made of “resilient and flexible material,” ‘047 Patent, col.6, l.28; see also id. col.1, ll.56-57, that is, polyurethane material that may have the hardness of a tire and may flex slightly under load. (Pls.’ Opening 8-11, Softspikes, Docket No. 61, Taylor Made, Docket No. 56.) Defendants respond that the patent specification shows that the cleats were designed to not flex. (Defs.’ Opening 11-12, Softspikes, Docket No. 57.)1 According to Defendants, Greenkeepers expressly disavowed claim coverage of flexible cleats during the patent’s prosecution history,2 by characterizing their cleats as having the “hardness of a bowling ball,” and by distinguishing cleats covered by a prior Dassler patent that had outwardly angled teeth, on 1Taylor Made, Callaway, and ECCO joined onto Softspikes’s construction briefs. (Taylor Made, Docket Nos. 54, 67, & 69; see also Oral Arg. Tr. 71:25-72:8, Jan. 21, 2010.) At the January 21, 2010 oral argument, counsel for Defendants confirmed that Pride shares Softspikes’s constructions and supporting arguments. (Oral Arg. Tr. 4:19-23.) 2The “prosecution history” includes the prosecution of United States Patent Number 5,794,367 (filed Feb. 20, 1997), the first of ‘047 Patent inventor Francis C. Carroll’s patent applications for outwardly angled golf cleats, United States Patent Number 6,530,162 (filed Feb. 28, 1998), a continuation-in-part application of the then-pending ‘0367 Patent, and of which the ‘047 Patent is a reissue. Carroll’s prosecution efforts are attributed to Greenkeepers, to whom the patents have been assigned. 4 Case 2:09-cv-02454-MMB Document 88 Filed 02/05/10 Page 5 of 26 the basis that because such the angle of such teeth change under load, the teeth are not suitable for golf cleats because any bending may interfere with a golfer’s swing. (Defs.’ Opening 12-14 (internal quotation marks omitted).) Defendants aver that Greenkeepers have not presented extrinsic evidence showing that virtually all golf cleats bend or flex under load. (Defs.’ Reply 3- 6, Softspikes, Docket No. 77, Taylor Made, Docket No. 79.) Greenkeepers reply that even the hardness of a bowling ball permits some flexing, and that they differentiated Dassler cleats on the basis that such cleats had an angle that changed greatly under load, not that the cleats’ angle changed at all. (Pls.’ Reply 3-6, Softspikes Docket No. 78, Taylor Made, Docket No. 89.) 2. Analysis The primary question for the Court is whether Greenkeepers disclaimed coverage of cleats for which the outward angle changes under load. “The doctrine of prosecution disclaimer is well established in Supreme Court precedent, precluding patentees from recapturing through claim interpretation specific meanings disclaimed during prosecution.” Omega Eng’g, Inc, v. Raytek Corp., 334 F.3d 1314, 1323 (Fed. Cir. 2003). “[W]here the patentee has unequivocally disavowed a certain meaning to obtain his patent, the doctrine of prosecution disclaimer attaches and narrows the ordinary meaning of the claim congruent with the scope of the surrender.” Id. at 1325. The Federal Circuit, however, requires statements to be “both so clear as to show reasonable and deliberateness” and “so unmistakable as to be unambiguous evidence of disclaimer” before applying the doctrine. Id. at 1325; see also id. at 1324-25 (describing and comparing cases involving an ambiguous claim disavowal with those involving a clear 5 Case 2:09-cv-02454-MMB Document 88 Filed 02/05/10 Page 6 of 26 disavowal). Such a requirement aims “[t]o balance the importance of public notice with the right of patentees to seek broad patent coverage.” Id. at 1325. The prosecution history indicates that Greenkeepers differentiated prior art Dassler cleats whose angle changed greatly under load: Greenkeepers stated that because the Dassler cleats’ angle “change[s] because of the great flexibility thereof” and “varies on load application,” they are not “adaptable to use in golf cleats,” since bending, “minute that it may be, may interfere with the golfer’s swing.” (Defs.’ Resp., Ex.
Load more

Recommended publications
  • UNITED STATES SECURITIES and EXCHANGE COMMISSION Washington, D.C
    Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K ☑ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2005 Commission file number 1-10962 Callaway Golf Company (Exact name of registrant as specified in its charter) Delaware 95-3797580 (State or other jurisdiction of (I.R.S. Employer incorporation or organization) Identification No.) 2180 Rutherford Road Carlsbad, CA 92008 (760) 931-1771 (Address, including zip code, and telephone number, including area code, of principal executive offices) Securities registered pursuant to Section 12(b) of the Act: Title of each class Name of each exchange on which registered Common Stock, $.01 par value per share New York Stock Exchange Preferred Share Purchase Rights Securities registered pursuant to Section 12(g) of the Act: None Indicate by check mark if the Registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes ☑ No ☐ Indicate by check mark if the Registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. Yes ☐ No ☑ Indicate by check mark whether the Registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the Registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes ☑ No ☐ Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be contained, to the best of Registrant’s knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K.
    [Show full text]
  • Callaway Golf Company NYSE: ELY
    May 30, 2014 Volume XL, Issue V Callaway Golf Company NYSE: ELY Dow Jones Indus: 16,717.17 Initially Probed: Volume XXXV, Issue VII & VIII @ $7.32 S&P 500: 1,923.57 Last Probed: Volume XXXIX, Issue XI &XII @ $7.50 Russell 2000: 1,134.50 Trigger: No Index Component: S&P SmallCap Type of Situation: Consumer Franchise, Business Value Price: $ 8.02 Shares Outstanding (MM): 77.4 Fully Diluted (MM) (% Increase): 93.2 (20%) Average Daily Volume (MM): 1.1 Market Cap (MM): $ 747 Enterprise Value (MM): $ 724 Percentage Closely Held: Insiders own 2.2% 52-Week High/Low: $ 10.34/6.50 5-Year High/Low: $ 10.34/4.73 Trailing Twelve Months Price/Earnings: N/M Price/Stated Book Value: 2.2x Introduction/Overview Long Term Debt (MM)* : $ nil While the timing of our initial profile on Implied Upside to Estimate of Callaway (“ELY”, “Callaway” or “the Company”) was off Intrinsic Value: 50% course (featured in our 2009 Summer Issue on out of favor consumer-related stocks), subsequent updates in Dividend: $ 0.04 June 2011 and May 2012 have proven to be timely. In Yield: 0.5% May 2012, with shares trading at $5.50 a share, we Net Revenue Per Share: revisited Callaway just after it had hired Chip Brewer, TTM: $ 12.08 an industry veteran with a strong product and 2013: $ 11.58 marketing background and experience executing a 2012: $ 12.44 successful turnaround in the golf industry (see our ELY report from May 2012 for more detail), to lead the Earnings Per Share: Company.
    [Show full text]
  • PPT Presentation
    Market Monitor WINTER 2020 Select Outdoor & Recreation Tombstones 2 Outdoor Recreation Industry Growth Industry Update Macroeconomic Trends • U.S. holiday retail sales ended 2019 with a 3.4% increase Y-o-Y, driven by 160 6.0% overall strong consumer sentiment and record low unemployment. Cyber 126.5 Monday spending, in particular, reached $12 million a minute during peak 140 5.0% 120 hours, concluding with a record $9.4 billion in sales. 3.50% 100 4.0% • U.S. unemployment remains at all-time lows, ending the year at 3.5%. 80 3.0% Furthermore, despite volatility throughout 2019, the Consumer 60 2.0% Confidence Index ended the year at 126.5, near the 19-year high 40 witnessed in late 2018. Many economists believe that the signing of the 20 1.0% Phase I trade deal with China will help bolster consumer confidence into - - 2020 and increase exports to $200 billion, cumulatively, over the next two Dec-14 Dec-15 Dec-16 Dec-17 Dec-18 Dec-19 years. Consumer Confidence (CCI) Unemployment Rate • In anticipation of the signing of the trade deal, the U.S. cancelled plans to impose tariffs on an additional $156 billion of Chinese-made goods as well U.S. Sports & Outdoor Segment Revenue as reduce its tariff rate from 15% to 7.5% on $120 billion of Chinese goods. $700 $619 • This reduction in tariffs and the hopes of Phase II of the trade deal will $600 $578 $540 help stifle unease regarding additional costs that would be shouldered by $504 the Outdoor Recreation industry (previously estimated to reach $1.5 $500 $471 $439 billion a month by the Outdoor Industry Association).
    [Show full text]
  • Conforming Golf Balls
    Conforming Golf Balls Effective March 7, 2012 The List of Conforming Golf Balls will be updated effective the first Wednesday of each month. The updates will be available for download the Monday prior to each effective date. Please visit www.usga.org or www.randa.org for the latest listing. *Please note that the list is updated monthly (i.e., golf balls are added to and deleted from the list each month). The effective period of the Conforming Ball List is located on the top of each page. To ensure accurate rulings, access and print the Conforming Ball List by the first Wednesday of every month. HOW TO USE THIS LIST To find a ball: The balls are listed alphabetically by Pole marking (brand name or manufacturer name), then by Seam marking. Each ball type is listed as a separate entry. For each ball type the following information is given to the extent that it appears on the ball.* 1. Pole marking(s). For the purpose of identification, Pole markings are defined as the major markings, regardless of the actual location with respect to any manufacturing seams. 2. Color of cover. 3. Seam markings. For the purpose of identification, Seam markings, on the equator of the ball, are defined as the minor markings, regardless of the actual location with respect to any manufacturing seams. *NOTE: Playing numbers are not considered to be part of the markings. A single ball type may have playing numbers of different colors and still be listed as a single ball type. READING A LISTING Examples of listings are shown on the following page with explanatory notes.
    [Show full text]
  • 2018 PGA Show Partner and Sponsor Booths .Xlsx
    Met PGA Partner Locations at the PGA Show Partner Sales Rep Booth # 2UNDR David Nordmann 4943 Ahead David Nordmann 4757 Birdie Box Kathy Colwell 3663 Bushnell Jerry Shulock 1701 Callaway Golf Apparel Josh Rifkin, Mike Perreault, Jerry McGoey, Jason Turner, Steve Conley 1473 Callaway Golf Company Josh Rifkin, Mike Perreault, Jerry McGoey, Jason Turner, Steve Conley 1424, 1443, 1463 Carr Golf Marty Carr 3273 Club Car Paul Schwab, Mark Valentino 2928 Cobra Puma Golf Jason Personette 843 Columbia Sportswear Reva Freshman 5273 Cutter & Buck Paul McManus, Jason Rawson 5657 Destinations Golf & Leisure Declan O'Brien 3273 Donald Ross Sportswear Sande Baum, Jon Boland 4783 Donald Ross Sportswear Sande Baum, Jon Boland 4979 Earth Networks Brian Smack, Mike Alberghini 2260 EPEC Golf Chris Reh Evolve Golf BJ Maloy, Adam Brown 2801 EZGO Dave Tennant, Nick Roberto, Chris Larizza, Reed Williams Fairway & Greene Terry Murphy 6043 Game Golf James Walsh 563 Go Club Andy Bulizak, Chris Langbein, Bob Mulcahy 2961 Golf Max/Golf Buddy Dirk Zuhlke 1109 H4 Distribution Brian Foy, Doug Mauch 2662 Haas Jordan Todd Blackmar, Paul McManus 3864 Heritage Creations Paul McManus 2721 J.Lindberg Michele Vasti, Helena Kjellberg 5955 JBA Awards Jimmy Boas, Lorna Boas 2972 Middleton Golf Group/Cleveland Dean Middleton 1243 Morell Studios Bill Carroll, Jon Clay 2159 Par Bar Gerry Mullally 3121 Peter Millar Denny DeMarino, Mike MacFarlane 5183 Peter Millar Denny DeMarino, Mike MacFarlane *4989 Peter Millar Denny DeMarino, Mike MacFarlane *5282 Peter Millar Denny DeMarino,
    [Show full text]
  • SCHEDULE 14A Proxy Statement Pursuant to Section 14(A) of the Securities Exchange Act of 1934
    UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant x Filed by a Party other than the Registrant ¨ Check the appropriate box: ¨ Preliminary Proxy Statement ¨ Confidential, for use of the Commission only (as permitted by Rule 14a-6(e)(2)) x Definitive Proxy Statement ¨ Definitive Additional Materials ¨ Soliciting Material under Rule 14a-12 ManTech International Corporation (Name of Registrant as Specified In Its Charter) (Name of Person(s) Filing Proxy Statement, if other than the Registrant) Payment of Filing Fee (Check the appropriate box) x No fee required. ¨ Fee computed on table below per Exchange Act Rules 14a-6(i)(4) and 0-11. (1) Title of each class of securities to which transaction applies: (2) Aggregate number of securities to which transaction applies: (3) Per unit price or other underlying value of transaction computed pursuant to Exchange Act Rule 0-11 (Set forth the amount on which the filing fee is calculated and state how it was determined.): (4) Proposed maximum aggregate value of transaction: (5) Total fee paid: ¨ Fee paid previously with preliminary materials. ¨ Check box if any part of the fee is offset as provided by Exchange Act Rule 0-11(a)(2) and identify the filing for which the offsetting fee was paid previously. Identify the previous filing by registration statement number, or the Form or Schedule and the date of its filing. (1) Amount Previously Paid: (2) Form, Schedule or Registration Statement No.: (3) Filing Party: (4) Date Filed: 12015 Lee Jackson Highway Fairfax, VA 22033-3300 April 1, 2010 Dear Stockholder: You are cordially invited to attend the 2010 Annual Meeting of Stockholders of ManTech International Corporation, which will be held at The Hyatt Fair Lakes, 12777 Fair Lakes Circle, Fairfax, VA 22033, on Wednesday, May 12, 2010, at 11 am (EDT).
    [Show full text]
  • An Investment Analysis Case Study This Case Is a Group Project That Is Due on April 1, Before Class at 10.30
    An Investment Analysis Case Study This case is a group project that is due on April 1, before class at 10.30. Stating the obvious: Each group will turn in one report (sounds obvious, but might as well make it explicit) electronically (as a pdf file). While you should include your cash flows tables in your report, you don’t have to attach your excel spreadsheets. Cover page: Each report should have a cover page that contains the following – the names of the group members in alphabetical order and the following summary information on the analysis: Decision on Investment: Invest or Do not invest Cost of capital: % value Return on capital: % value NPV – 10-year life: $ value NPV- Longer life: $ value Report format: Please try to keep your report brief. In the report, be clear about: a. Any assumptions you made to get to your conclusion b. Your final recommendation Exhibits: Please make sure that you include the following in your exhibits a. The table of earnings/cash flows by year b. Your computation of cost of equity/capital/discount rate Time: To keep time straight, you can assume the following: Next year: Year 1 Most recent year: Just ended Right now: Time 0. Any “up front” expenditure is incurred immediately. 1 Netflix enters the Fitness Business: The Netflix Fit Equipment & Streaming Service The Setting Netflix has had a very good run in stock prices, over the last decade. Using original and rented content, the company has seen its subscriber numbers grow (see exhibit 1) and its stock price has reflected this success (see exhibit 2).
    [Show full text]
  • Agenda Naperville Park District Board of Commissioners Regular Meeting Naperville Municipal Building Council Chambers 400 South Eagle Street Naperville, Illinois
    Mission Statement The Naperville Park District provides leisure experiences that enhance the quality of life for our community Na.perville f"ark Distri<:t Agenda Naperville Park District Board of Commissioners Regular Meeting Naperville Municipal Building Council Chambers 400 South Eagle Street Naperville, Illinois October 9, 2008 Regular Meeting 7:00p.m. I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Agenda Additions and Deletions V. Introductions and Recognitions A. Awards and Recognitions Recognize outgoing state legislators- Representatives Joe Dunn and Jim Meyer B. Employee Recognitions VI. Matters from the Public The Board will now receive public comment for up to three minutes on non­ agenda topics. The Board will allow public comment on agenda topics prior to Board discussion for up to three minutes. VII. Approval of Treasurer's Report 1-29 Action and Motion Requested: Move to approve the August 2008 Treasurer's Report. VIII. Consent Agenda (Requires Board Approval by Statute) The Executive Director warrants that all Consent Agenda Items, reports, and memoranda comply with Board policy. Action and Motion Requested: Move to approve Consent Agenda Items A through E as presented. A. Approval of disbursements for the month of September 2008 in the 30-65 amount of$1,039,636.55. B. Approval of customer refunds for the month of September 2008 in the 66 amount of$5,337.77. C. Approval of professional services for the 2008 Bridge Inspection and 67-68 October 9, 2008 Regular Board Meeting Agenda Page 2 of2 Evaluation project to LON CO, Inc. for the lump sum fee not to exceed $24,743.
    [Show full text]
  • A True Gaming Pioneer Remembering Claudine Williams PREMIER Alumni Association International
    A WILLIAM F. HARRAH COLLEGE OF HOTEL ADMINISTRATION PUBLICATION ISSUE 21 VOLUME 5 PPFALL/WINTERREMIER 2009 A True Gaming Pioneer Remembering Claudine Williams PREMIER Alumni Association International The of!cial magazine of the Board of Directors Advisory Board William F. Harrah College David W. Head of Hotel Administration Bobbie Barnes, ’93, ’05 M.Ed. William Allen III UNLV Career Services Outback Steakhouse/OSI, Inc. Captain D’s OFFICE OF THE DEAN Marco Benvenuti, ’02 William Anton Barbara Kane Box 456013 Wynn Las Vegas Anton Airfood Ecolab 4505 S. Maryland Parkway Dennis Gradillas, ’91 George E. Baggott, CFSP Dean McClain Las Vegas, NV 89154-6013 Platinum Hotel & Spa Baggott Consulting McClain Consulting Group (702) 895-3161 Scott Ballantyne Jordan Meisner hotel.unlv.edu Ken Haas, ’75 Las Vegas Convention & Debi Benedetti Hyatt Hotels and Resorts Stuart H. Mann Visitors Authority Beyond the Possible Stephen G. Michaelides Dean Christine (Paskvan) Kiely, ’90 Elizabeth Blau Words, Ink Christine Bergman Nevada Public Radio Blau and Associates Jim Moore Associate Dean Dean Kissel, ’92 Stan Bromley Moore Ideas, Inc. Seyhmus Baloglu Holly Mae (Sparks) Lindsay, ’99 Meadowood Napa Valley Bill Paulos, ’69 Associate Dean for Research Delmonico Steakhouse Tola R. Chin Cannery Casino Resorts Andy Nazarechuk, ’79, ’85 MS Pat Moreo, ’69, ’83 Ed.D. Qin’s, Inc. Lise Puckorious Dean, UNLV Singapore Faculty Liaison Russ Dazzio, ’73 Smith Bucklin Corporation Pat Moreo, ’69, ’83 Ed.D. Fayyaz Raja, ’92, ’95 R & R Global Hospitality Thom Reilly Chair, Food & Beverage Raja Enterprises Lorna C. Donatone Harrah’s Entertainment Management Sal Semola, ’81 Sodexo, Inc. Patricia Sahlstrom Bill Werner Warner Gaming Paula Eylar, ’89, ’97 MBA A&W Food Services of Canada, Inc.
    [Show full text]
  • Callaway Golf-Ar2011 0019.Pdf
    in legal or regulatory requirements, and social, economic or political instability. For a complete discussion of these risk factors, see “Certain Factors Affecting Callaway Golf Company” contained in Item 1A below. Sales of Pre-Owned/Outlet Golf Clubs and Online Store The Company sells certified pre-owned golf products in addition to golf and lifestyle apparel and golf- related accessories through its websites, www.callawaygolfpreowned.com and www.callawaygolfoutlet.com. The Company generally acquires the pre-owned products through the Company’s Trade In! Trade Up! program, which gives golfers the opportunity to trade in their used Callaway Golf clubs and certain competitor golf clubs at authorized Callaway Golf retailers or through the Callaway Golf Pre-Owned website for credit toward the purchase of new or pre-owned Callaway Golf equipment. The website for this program is www.tradeintradeup.com. The Company also offers the full line of Callaway Golf, Top-Flite and Odyssey products, including drivers, fairway woods, hybrids, irons, putters, golf balls, footwear, eyewear, golf and lifestyle apparel and golf-related accessories, including uPro GPS on-course range finders, through its website www.shop.callawaygolf.com. Advertising and Promotion The Company develops and executes its advertising and promotional campaigns for its products based on the Company’s global brand principles. Within the United States, the Company has focused its advertising efforts mainly on a combination of printed advertisements in national magazines, such as Golf Magazine, Sports Illustrated and Golf Digest, and television commercials, primarily on The Golf Channel, ESPN and on network television during golf telecasts, as well as web-based advertising.
    [Show full text]
  • Strategic Report for the Callaway Golf Company
    Strategic Report for The Callaway Golf Company Harkness Consulting Innovation through Collaboration Scott Damassa Amy MacKinnon Alisher Saydalikhodjayev April 14, 2007 Table of Contents Executive Summary ................................................... 3 Company Background ................................................ 5 Competitive Analysis.................................................. 7 Internal Rivalry................................................................ 8 Entry .............................................................................. 12 Substitutes & Complements ........................................... 13 Buyer & Supplier Power ................................................. 14 SWOT Analysis ..........................................................15 Strengths ....................................................................... 15 Weaknesses ................................................................... 15 Opportunities ................................................................. 16 Threats........................................................................... 16 Financial Analysis .....................................................16 Strategic Issues & Recommendations.......................21 References…………………………………………………………25 Harkness Consulting 2 Executive Summary Harkness Consulting has been asked by Callaway Golf to assess its strategic market position and to make recommendations for improving the company’s performance. There is much to like about the company, but there are also
    [Show full text]
  • In the United States District Court for the District of Delaware
    IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CALLAWAY GOLF COMPANY, ) ) Plaintiff/Defendant-in-Counterclaim, ) ) v. ) ) Civil Action No. 01-669-KAJ DUNLOP SLAZENGER GROUP AMERICAS, ) INC., d/b/a MAXFLI, ) ) Defendant/Plaintiff-in-Counterclaim. ) MEMORANDUM ORDER I. Introduction Presently before me is a motion by Callaway Golf Company (“Callaway”) for summary judgment against Dunlop Slazenger Group Americas, Inc. d/b/a Maxfli (“Dunlop”). (Docket Item [“D.I.”] 307; the “Motion”). Specifically, Callaway seeks summary judgment on Count II (Misappropriation of Trade Secrets), Count III (Negligent Hiring, Training, Supervision and/or Retention of Employees; the “negligence” claim), Count V (Conversion), and Count VI (Unjust Enrichment) of Dunlop’s Amended Counterclaim (D.I. 293) on statute of limitations grounds. I have jurisdiction over this case pursuant to 28 U.S.C. §§ 1331, 1338, and 1367. For the reasons that follow, the Motion is denied. 1 II. Background1 During the first half of 1997, Callaway hired four former Dunlop employees. (D.I. 308 at 3). On Februrary 17, 1997, Callaway hired Henry Felipe (“Felipe”), Dunlop’s former Manufacturing Process Engineer. (Id.) On April 23, 1997, Callaway hired Mike Yagley (“Yagley”), Dunlop’s former Senior Dimple Development Engineer. (Id.) On April 30, 1997, Callaway hired Gary Marshall (“Marshall”), Dunlop’s former Project Manager for Development of Polyurethane Golf Balls, and on June 9, 1997, Callaway hired Pijush Dewanjee (“Dewanjee”), a former Dunlop polymer chemist. (Id.) With the belief that Marshall was continuing to work with a vendor contact obtained while he was employed at Dunlop, Dunlop had its outside patent lawyer, Anthony M.
    [Show full text]