Monsta Athletics, LLC v. Easton Diamond Sports, LLC et al.
Infringement action filed 26 May 2023 in the United States District Court for the Central District of California and closed 28 Sep 2023, with US6997826B2 asserted. Recorded basis of termination: case consolidated.
Case record
- Patent involved
- US6997826B2
- Application no.
- US10/383242
- Case no.
- 5:23-cv-00963
- Verdict cause
- Infringement action
- Court
- C.D. Cal.
- Court level
- District Court
- Case region
- California
- Chief judge
- None recorded
- Trial level
- First instance
- Filed – Closed
- 26 May 2023 – 28 Sep 2023
- Duration
- 125 days
- Basis of termination
- Case Consolidated
- Products & marks
- Composite baseball bat
- Validity challenges
- None recorded
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Prior art, claim scope, infringement exposure and design-around routes. Every answer cites the records behind it.
Get an FTO claim chart- 01Ranked prior artEvery hit source-linked
- 02Claim-level comparisonAgainst your own product
- 03Legal statusAcross 174 jurisdictions
Composite baseball bat
A single member tubular baseball or softball bat of unitary construction comprised of an elongated handle portion and a striking or barrel portion wherein the barrel portion has internal and external cylindrical layers separated by one or more separation barriers, which are not bonded to said layers, located internally within the barrel thickness, and being in intimate contact with these layers. This results in equivalent or higher performing baseball bats than the prior art, as measured by hitting distance, and more consistent performance. The bats are also less costly to manufacture than prior art double walled bats.
- Legal status
- Inactive
- Granted
- 14 Feb 2006
- Est. expiry
- 7 Mar 2023
- Validity challenges
- None recorded
- Licences recorded
- None recorded
- Inventors
- SUTHERLAND, WILLIAN TERRANCE
- Classification
- A63B59/06
- Prosecution counsel
- ASHURST PERKINS COIE US LLP
- Examiner
- GRAHAM, MARK S.
Parties of record
Monsta Athletics, LLC
- Core tech
- Not recorded
- Counsel
- David B. Abel · Sevag Demirjian
- Firm
- Foundation Law Group LLP, Law Office of David Abel
Easton Diamond Sports, LLC
- Core tech
- A63B59/06
- Counsel
- Gabrielle E. Bina · Joseph P. Hamilton · Kaitlin Dryden · Rodger K. Carreyn
- Firm
- Perkins Coie LLP
- Also named
- Rawlings Sporting Goods Company, Inc.
Counsel of record
| Attorney | For | Role |
|---|---|---|
| David B. Abel | Monsta Athletics, LLC | Plaintiff |
| Sevag Demirjian | Monsta Athletics, LLC | Plaintiff |
| Gabrielle E. Bina | Easton Diamond Sports, LLC | Defendant |
| Joseph P. Hamilton | Easton Diamond Sports, LLC | Defendant |
| Kaitlin Dryden | Easton Diamond Sports, LLC | Defendant |
| Rodger K. Carreyn | Easton Diamond Sports, LLC | Defendant |
Basis of termination
From the record · verbatim“Accordingly, for the foregoing reasons, the Court hereby ORDERS as follows: 1. The higher-numbered Monsta Action is CONSOLIDATED with the lower-numbered Easton Action for the limited purpose of conducting Claim Construction. All future filings and proceedings shall be made and conducted in the Easton Action. 2. Any party may make a motion at any time to sever the cases, for good cause shown. 3. The Clerk is DIRECTED to close the Monsta Action administratively. IT IS SO ORDERED.”
Case 5:23-cv-00963 · C.D. Cal. · closed 28 September 2023
Related cases
Three questions this record usually leads to. Each one runs against the full litigation and patent corpus, and cites what it finds.
Frequently asked questions
What is case 5:23-cv-00963?
5:23-cv-00963 is a patent infringement action brought by Monsta Athletics, LLC against Easton Diamond Sports, LLC, filed on 26 May 2023 in the United States District Court for the Central District of California. The case closed on 28 September 2023.
Which patent was asserted in 5:23-cv-00963?
US6997826B2 (“Composite baseball bat”), assigned to EASTON DIAMOND SPORTS, LLC, currently inactive. The record also lists Composite baseball bat.
How was case 5:23-cv-00963 terminated?
The recorded basis of termination is case consolidated. The termination text reads: “Accordingly, for the foregoing reasons, the Court hereby ORDERS as follows: 1. The higher-numbered Monsta Action is CONSOLIDATED with the lower-numbered Easton Action for the limited purpose of conducting Claim Construction. All future filings and proceedings shall be made and conducted in the Easton Action. 2. Any party may make a motion at any time to sever the cases, for good cause shown. 3. The Clerk is DIRECTED to close the Monsta Action administratively. IT IS SO ORDERED.”
How long did case 5:23-cv-00963 take?
125 calendar days, from filing on 26 May 2023 to closure on 28 September 2023.
Who were the attorneys and the judge in 5:23-cv-00963?
David B. Abel and Sevag Demirjian are recorded as counsel for plaintiff Monsta Athletics. Gabrielle E. Bina, Joseph P. Hamilton, Kaitlin Dryden and Rodger K. Carreyn appear for defendant Easton Diamond Sports.
Disclaimer. This page reproduces publicly available court docket data for case 5:23-cv-00963 and is provided for general information and reference only. It is not legal advice and must not be relied upon as such.
Docket data has limits. Records are drawn from a snapshot and may lag the live docket. Sealed filings, amended complaints, counterclaims and post-closure motions may not be reflected. Party names, attorney names and firm affiliations are reproduced as recorded and may contain omissions. Where a field is absent from the record, this page marks it as not recorded rather than inferring a value.
No characterisation of the parties or the outcome. This page reports what the record contains. Nothing here should be read as an assertion that any party infringed, that any patent is valid or invalid, that any settlement occurred, or that any party prevailed.
No FTO or validity opinion. Nothing on this page constitutes a freedom-to-operate, novelty, validity or infringement opinion. Any decision touching a live patent dispute should be verified independently and reviewed with qualified patent counsel.