A Massachusetts jury awarded Erik and Athina Tenczar $4.93 million last December, concluding that Indian Pond Country Club was at fault for not protecting the Tenczar’s home from a constant barrage of shots coming from the club’s 15th hole. The house is at the bend of a dogleg hole, with many players hitting the house when trying to cut the corner. The Tenczars claimed their house had been hit over 660 times in a four-year stretch. The country club planted trees near the Tenczar’s home and made minor alterations to the hole but didn’t install protective netting as wished by the Tenczars.

“The continuous threat of golf ball strikes occurring at any time prevents the Tenczars from the use and enjoyment of their property,” which was purchased for $750,000 on April 27, 2017, according to the original complaint.

However the Massachusetts Supreme Judicial Court earlier this week said the original verdict has been vacated due to a “clear error” from the previous judge. The error prevented the jury from answering a critical question in the case, according to justice Scott Kafker: Whether the country club’s 15th tee boxes and fairway were reasonably operated.

“Errant golf balls are to golf what foul balls and errors are to baseball. They are a natural part of the game,” Kafker wrote. “They demonstrate the difficulty and challenge of the sport even for the very best players. Despite practice, instruction, technological improvements, and even good golf course design and operation — disputed in the instant case — golf shots go awry, as a matter of course.”

The suit has now been sent back to state superior court for a new trial. The couple’s attorney expects a new suit to be filed next month.

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According to the documents, TaylorMade details how PXG is violating seven TaylorMade patents in irons and woods. The 189-page counterclaim not only denies that TaylorMade is infringing any of the PXG patents, but also asks the court to prevent PXG from selling most of its current products, including all the PXG 0311 irons (0311, 0311T, 0311XF, 0311X) and PXG woods, including the 0811 drivers and 0341 fairway woods for violations of patents granted to TaylorMade between 2007 and 2016. 
The two companies have been in a legal tussle since PXG filed suit in September, accusing TaylorMade’s about-to-be-introduced P790 irons of violating eight PXG patents. PXG requested a hearing for a temporary restraining order and preliminary injunction to stop the sale of the TaylorMade irons, but was denied the request three days after it was made.

PXG subsequently has brought in new lawyers for its case and its original lawyers withdrew in October. The new PXG lawyers include Brian Lacorte, an intellectual property lawyer with the Ballard Spahr firm based in Phoenix.

TaylorMade’s lawyers, from the Washington, D.C.-based intellectual property litigation firm Sterne, Kessler, Goldstein and Fox and the Phoenix-based Beuss, Gilbert, also requested that PXG’s case be dismissed for “failing to plausibly allege” that the P790 irons “practice even a single claim of the asserted patents.”

TaylorMade’s documents also make the case that five of the patents in PXG’s original lawsuit should be declared invalid “for failure to satisfy the conditions of patentability.”

In requesting the original PXG patent infringement case be dismissed, TaylorMade’s lawyers are citing a plausibility standard that requires a plaintiff to produce facts in its initial filing that “nudge their claims across the line from conceivable to plausible” that patents were infringed.

TaylorMade’s lawyers are saying PXG has failed to do just that. In its request for dismissal, TaylorMade’s motion states, “because PXG’s complaint fails to map the features of the P790 irons onto the limitations of even one claim, the complaint should be dismissed.”

TaylorMade’s denial of infringement of the PXG patents is not surprising (and already was originally argued by TaylorMade in winning September’s temporary restraining order hearing. Its decision to countersue PXG for patent infringement, however, suggests it’s not merely defending itself, it’s asking the court to do the same to PXG that PXG was asking the court to do to TaylorMade. Only in this case, TaylorMade isn’t interested in stopping the sale of just one product. It’s going after nearly all of PXG’s inventory.

A PXG spokeswoman declined to comment. A pre-trial scheduling hearing is set for next month.

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The Augusta Chronicle reported on Thursday that U.S. District Chief Judge Randal Hall granted a request to temporarily keep Green Jacket Auctions from selling the items in question. The memorabilia company had previously begun an auction on Aug. 2 for a collection of items, including three green jackets — one of which it says was owned by two-time Masters champ Byron Nelson. Judge Hall’s decision was based on his belief that ultimately, the jackets are property of the club.

Augusta National claims the jackets are either fakes or were stolen because green jackets aren’t sold or given away, according to club policy. The club also claims another item, a 2005 inventory of property, was taken.

But Gail Podolsky, representing Green Jacket Auctions, says no such written policy exists and that even if it does, “Policy doesn’t equal possession.” She also disputed claims of the company obtaining the jackets illegally.

Augusta National gives green jackets to its members, a tradition started by Bobby Jones. Green jackets have also been awarded to Masters champions beginning with Sam Snead in 1949, but they are only permitted to be taken off club property by winners of the tournament in the 12 months following their victory. For example, Sergio Garcia recently wore his to his wedding reception.

According to Podolsky, Green Jacket Auctions has sold about 15 green jackets previously, including one that was retrospectively given to Horton Smith (A Masters champ in 1934 and 1936) that sold for a record price of $682,229 in 2013. Judge Hall said these previous sales have no bearing on the current lawsuit. The auction for this latest batch was supposed to conclude on Saturday.

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