Free Stipulation - District Court of Delaware - Delaware

Case 1:07-cv-00367-SLR

Document 35

Filed 01/18/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CALLAWAY GOLF COMPANY, v. Plaintiff, C.A. No. 07-367 (SLR)

ACUSHNET COMPANY, Defendant.

STIPULATION REGARDING MANUFACTURING CAPACITY WHEREAS, Plaintiff Callaway Golf and Defendant Acushnet have both asserted claims of patent infringement; WHEREAS, Plaintiff Callaway Golf and Defendant Acushnet both seek lost profits damages; WHEREAS, a party may only recover lost profits damages to the extent that it is shown to have had the manufacturing capacity to make any sales that were lost due to the alleged infringement; WHEREAS, for the purposes of this lawsuit, neither party disputes that the other party would have had the manufacturing capacity to make any sales lost due to the alleged infringement by the other party; NOW THEREFORE, it is stipulated by the parties that: 1. Callaway Golf had and has the manufacturing capacity to meet the

demand for any sales lost due to the acts of infringement that Callaway Golf has alleged against Acushnet in this litigation;

Case 1:07-cv-00367-SLR

Document 35

Filed 01/18/2008

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2.

Acushnet had and has the manufacturing capacity to meet the demand for

any sales lost due to the acts of infringement that Acushnet has alleged against Callaway Golf in this litigation; 3. Neither party shall offer evidence or assert in this litigation that the party

asserting infringement did not or does not have the manufacturing capacity to meet the demand for any sales lost due to the alleged infringement; and 4. Neither party shall engage in any discovery in this litigation regarding

manufacturing capacity. Dated: January 18, 2008 FISH & RICHARDSON P.C. By: /s/ Thomas L. Halkowski Thomas L. Halkowski (#4099) Fish & Richardson P.C. 919 N. Market Street, Suite 1100 P. O. Box 1114 Wilmington, DE 19899-1114 Telephone (302) 652-5070 [email protected] Attorneys for Plaintiff Callaway Golf Company POTTER ANDERSON & CORROON LLP By: /s/ David E. Moore Richard L. Horwitz (#2246) David E. Moore (#3983) Hercules Plaza, 6th Floor 1313 N. Market Street Wilmington, DE 19801 Telephone (302) 984-6000 [email protected] [email protected] Attorneys for Defendant Acushnet Company

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