Ty Daniel’s Golf

There are 4 main different kinds of glowing or light up night time golf balls, made by 2 different companies, Chemical Light, Inc. and Sun Products USA, Inc.

	Chemical Light makes: Glow Flyer – Golf ball with single use glow stick inside. Night Flyer – Golf ball with LED light inside.
	Sun Products USA makes: Twilight Tracer Balls – Golf ball with red blinking LED lights inside. Twilight Supernova Balls – Golf ball with non-blinking blue LED lights inside.

Chemical Light is currently suing Sun Products for patent infringement. Also Sun Products is trying to get a Judgement saying they are not infringing on United States Patent No. 6,042,487 entitled "Illuminated Golf Ball".

There are three different cases that deal with the on going lawsuits here are some of the court documents:

• 1:03-cv-01279 Chem Light Inc v. Sun Prod Inc
  Date filed: 02/20/2003
  Date terminated: 11/13/2003
  Date of last filing: 11/18/2003
• 0:11-cv-02107-JNE-JJG Sun Products USA, LLC v. Chemical Light, Inc.
  Date filed: 07/27/2011
  Date of last filing: 11/21/2011
• 1:11-cv-05667 Chemical Light, Inc. v. Sun Products USA, LLC. et al
  Date filed: 08/19/2011
  Date of last filing: 11/03/2011

First Chemical Light sued Sun Products back in 2003, Sun Products agreed to a settlement, by becoming a licensed distributor under Chemical Light and administratively dissolved through the Secretary of State of Minnesota. But then after that, it seems they rescinded on the settlement and reopened as Sun Products USA and began selling the Twilight Supernova. Seems that Sun Products then filed for Judgement to show they were not infringing on the Chem Light Patent. The third case shows that Chemical Light then sued them again for patent infringement.

The most recent updates we have are:

1:11-cv-05667 Chemical Light, Inc. v. Sun Products USA, LLC. et al:
There is that there is a phone conference scheduled for 12/5/2011.
• Filed & Entered:  11/03/2011
  Docket Text: MINUTE entry before Honorable Matthew F. Kennelly: Status hearing held with attorneys for plaintiff and Mr. Gill appearing for himself and for the "LLC" defendant. The Court advised Mr. Gill that an "LLC" defendant cannot appear pro se and must have an attorney and that the Court will hold Sun Products, LLC in default unless an answer has been filed by counsel representing Sun Products, LLC. A telephone status hearing, to be initiated by the parties, is set for 12/5/2011 at 9:00 A.M. Mailed notice by judge’s staff. (srb,)

0:11-cv-02107-JNE-JJG Sun Products USA, LLC v. Chemical Light, Inc.

Sun Products are reissued the Summons with Complaint.
• Filed & Entered: 11/21/2011
  Docket Text: Summons Reissued as to Chemical Light, Inc.

We will try to keep everyone up to date to see what the courts say about this. We are very interested because it could change what night golf balls are available on the market and in the end it could even effect the quality of the balls, depending on whom is still making them.

Email us with any questions or comments, we will post them here…

12/06/2011 Expedited referral to magistrate judge
• Docket Text: Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: settlement conference. (gl) Judicial staff mailed notice.

12/06/2011 set/reset hearings

• Docket Text: MINUTE entry before Honorable Jeffrey T. Gilbert: This case has been referred to Magistrate Judge Gilbert for the purpose of conducting a settlement conference. Status hearing scheduled for 12/15/11 at 9:45 a.m. No initial status report required. However, the parties should be prepared to address the subjects referenced in Magistrate Judge Gilbert’s Standing Order for Initial Status Report posted on the Court’s website as applicable to referral cases. Mailed notice (ep)

12/05/2011 text entry

• Docket Text: MINUTE entry before Honorable Matthew F. Kennelly: The parties’ disclosures and materials under the Local Patent Rules (LPR) are due as follows: LPR 2.1 – 12/23/11; LPR 2.2 – 1/6/12; LPR 2.3 – 1/20/12; LPR 2.5 – 2/3/12; LPR 3.1 – 6/1/12; LPR 3.2 – 6/29/12; LPR 4.1 – 7/13/12; opening claim construction brief is due 8/17/12; response is due 9/14/12; reply is due 9/28/12; joint claim construction chart and status report per LPR 4.2(f) is due 10/5/12. Claim construction hearing pursuant to LPR 4.3 is set for 11/9/12 at 10:00 a.m. The Court calls to the parties’ attention its decision in Illinois Computer Research, LLC v. Harpo Productions, Inc., 2010 WL 2136665 (N.D. Ill. May 26, 2010). (mk)

12/06/2011 status hearing

• Docket Text: MINUTE entry before Honorable Matthew F. Kennelly:Rule 16(b)status hearing held on 12/5/2011, with attorneys for both sides. The case is referred to Magistrate Judge Gilbert to conduct a settlement conference. Status hearing is set for 2/7/2012 at 09:30 AM.Judicial staff mailed notice (gl)

12/02/2011 attorney appearance

• Docket Text: ATTORNEY Appearance for Defendants John M. Gill, Sun Products USA, LLC. by Howard B. Rockman (Attachments: # (1) Notice of Filing)(Rockman, Howard)

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