Callaway Golf Company (“Callaway”) brought suit against Acushnet Company (“Acushnet”), alleging that Acushnet had infringed various claims of four golf ball patents owned by Callaway (known as the “Sullivan patents”).1 Acushnet stipulated that its golf balls infringed, but contended that the asserted claims were invalid for anticipation and obviousness. After construing the claims, the district court granted summary judgment of no anticipation. Callaway Golf Co. v. Acushnet Co., 523 F. Supp. 2d 388, 407 (D. Del. 2007) (“Summary Judgment Order”), vacated in part by 585 F. Supp. 2d 600 (D. Del. 2008) (“JMOL Order”). Following a trial on obviousness, the jury determined that—with the exception of dependent claim 5 of the ’293 patent—none of the asserted claims was invalid. The district court entered final judgment concluding that dependent claim 5 of the ’293 patent was invalid for obviousness, but that independent claim 4 (from which it stemmed), as well as the other seven asserted claims, were not.
We conclude that Acushnet raised a genuine question of material fact concerning anticipation, and we reverse the district court’s entry of summary judgment on that issue and remand. As to obviousness, we affirm the district court’s determination that Acushnet was not entitled to judgment as a matter of law that the asserted claims are invalid for obviousness. But because the judgment on obviousness was based upon irreconcilably inconsistent jury verdicts, we vacate the judgment of the district court and remand for a new trial. Thus, for the reasons that follow, we affirm-in-part, reverse-in-part, vacate-in-part, and remand for a new trial.
