On May 19, 2022, Club-Conex, LLC of Scottsdale, Arizona ("Club-Conex") filed a complaint requesting that the ITC commence an investigation pursuant to section 337.
The complaint alleges that proposed respondent Top Golf Equipment Co. Limited China ("Top Golf") unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain universal golf club shaft and golf club head connection adaptors, certain components thereof, and products containing the same that infringe U.S. Patent Nos. 7,857,709 and 8,562,454.
According to the complaint, the asserted patents relate to golf club connection adaptors that are used to quickly, easily, and reversibly assemble a golf club shaft with a golf club head in a secure fashion, including for the purposes of providing bespoke golf club fitting services. The accused products are universal golf club connection adaptors, including Top Golf's "ALL-FIT Plus (Universal Iron/Rescue Shafts Adapter, Clubs Fitting/Building Best Option)" and "Universal Shaft Adapter (Compatible with Club[-]Conex FAZ-FIT)."
Club-Conex alleges that a domestic industry exists under 19 U.S.C. § 1337(a)(2) and (3) because it designs, performs quality control on, warehouses, and sells FAZ-FIT and FUSE-FIT golf club adaptors, which are protected by the asserted patents, at its facility in Scottsdale, Arizona. Club-Conex also contracts or has contracted with third parties ParTech Manufacturing Co. of South Elgin, Illinois and Chips Manufacturing of West Chicago, Illinois to manufacture the FAZ-FIT and FUSE-FIT golf club adaptors.
With respect to potential remedy, Club-Conex requests that the Commission issue a permanent limited exclusion order and permanent cease-and-desist order directed to Top Golf.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
