Triple Tee Golf, Inc. v. Nike, Inc.
Plaintiff-Appellant, Triple Tee Golf, Inc. (“TTG”) sued Defendants-Appellees (“Defendants”), Nike, Inc. (“Nike”) and Tom Stites & Associates, Inc. d/b/a Impact Golf Technologies (“IGT”) for misappropriation of trade secrets, negligent misrepresentation, breach of confidentiality, breach of implied contract, and deceptive trade practices. During discovery, the district court limited TTG’s proofs on all of its claims to evidence related to the use of TTG’s trade secrets in two specific Nike golf clubs, the CPR Woods and the Slingshot irons (collectively, the “accused clubs”). After discovery was completed, Defendants moved forsummary judgment, contending that (1) TTG’s trade secrets describe a system for weighting golf clubs that is adjustable by the user of the clubs, and (2) the accused Nike clubs are not “adjustable” at all. The district court, having determined that all of TTG’s claims turned on the unlawful use of trade secrets, granted Defendants’ motion and dismissed TTG’s suit in its entirety. After the judgment was entered, TTG became aware of two patent applications previously filed by Nike, describing golf clubs that are adjustable by the user of the clubs. Based on Defendants’ failure to disclose these patent applications in response to TTG’s discovery requests, TTG moved for relief from the earlier judgment.
The district court denied this motion, stating that the patent applications were not relevant to the legal issues that it had decided. TTG now appeals the district court’s limiting evidentiary order, grant of summary judgment, and denial of post-judgment relief.
