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Judge Sue L. Robinson: Presumption of Validity Instruction

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Plaintiff Callaway Golf Company, argues that it was error for the Court “to remove from its final jury instructions language regarding a patent’s presumption of validity.” Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, Memo. Op., at 15 (D. Del. April 21, 2011). Specifically, in this case, defendant’s counsel argued during closing statements that the examiner spent minimal time on the large amount of references checked as reviewed during examination. Id. at 15-16. This argument was contrary to the Court’s previous ruling that plaintiff could not “improper[ly] bolster[ ] the validity of the Sullivan patents by referring to the number of examiner considering those applications” or “speculate as to the extent to which such prior art was actually considered by the examiners…” Id. at 16 (internal citations omitted). The Court found that it did not commit legal error in excluding the instruction. Id. (Note: plaintiff did not object during the closing or address the statements made by defendant’s counsel in its rebuttal argument.)


Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, Memo. Op. (D. Del. April 21, 2011).

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