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Patent Law

: Golf Patents

A Second Golf Bag Related Patent Infringement Litigation Case in Less than 2 Months! This Time Bag Boy Takes on Sun Mountain

By David Dawsey PE Esq

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Last week Dynamic Brands, LLC (doing business as The Bag Boy Company) brought a declaratory judgment action against Sun Mountain Sports regarding Sun Mountain?s patent USPN 7131534 titled ?Golf Bag and Strap System.? Click HERE to check out the patent, and click HERE to read the Complaint.

It appears the dispute began when Sun Mountain?s counsel sent a letter (click HERE to read) to Bag Boy alleging infringement of the ?534 patent. Bag Boy then responded with a polite email to Sun Mountain (click HERE to read) inquiring if Sun Mountain would license the patent if indeed Bag Boy was stepping on the patent.

In response, Sun Mountain had their attorneys make it clear that licensing the patent is not an option, Sun Mountain wants Bag Boy's sales of these particular straps to cease immediately and any inventory must be destroyed (click HERE to read). Not surprisingly, Bag Boy then filed a Declaratory Judgment action seeking a declaratory judgment that Bag Boy does not infringe the patent and that the patent is invalid (click HERE to read the Complaint), and Bag Boy sent Sun Mountain a nice letter explaining Bag Boy?s position and letting them know that they have been sued (click HERE to read).

Gone are the days of the cease and desist letter; yet some people refuse to accept it, or don?t care about controlling the location of litigation.

The patent describes the invention as:

A golf bag and strap system for supporting a golf bag, having a central hub including a number of arms. Each arm has at least one attachment point to which straps are connected. The arms include upper arms and lower arms, and upper straps are attached to the upper arms, and lower straps are attached to the lower arms. Each attachment point preferably includes a D-ring. The central hub also preferably includes a padded portion having a raised portion which acts as a center of rotation for movement of the central hub.