I just wanted to pass this on and see what you think.

ACUSHNET COMPANY RESPONDS TO PRO V1 COURT RULING


Fairhaven, MA (November 10, 2008) -- Acushnet Company, the golf business of Fortune Brands, Inc. (NYSE: FO), announced that it will file an appeal of today’s ruling in a U.S. District Court in Delaware granting Callaway Golf’s request for an injunction in the long-running dispute with respect to four Callaway patents and Acushnet’s Titleist Pro V1 golf balls. The company also announced that it does not expect the ruling to have a material adverse impact on its results.

“We strongly disagree with the judge’s ruling and will file an appeal and seek relief from the injunction,� said Joe Nauman, executive vice president, corporate and legal of Acushnet. “However, it’s important to recognize that this ruling will not have any impact on our ability to supply our customers with Pro V1 golf balls because of the following actions which we have undertaken. In September 2008, we converted production of the existing Pro V1 models so that they are outside of the patents in question; and we have also developed and will be introducing new and improved Titleist Pro V1 products in the first quarter of 2009 that are also outside the scope of the patents in question.

“Our Pro V1 golf balls are the product of technology developed and accumulated by the Acushnet Company over the past 20 years,� Nauman continued. “Acushnet is the industry leader in developing golf ball technology and has over 650 active golf ball patents – more than any other manufacturer. Over 65 of these patents are related to the Pro V1 family.

“We will continue to defend ourselves vigorously and we fully expect to prevail in having all claims of all four patents at issue determined to be invalid in the appeal process,� Nauman added. “Our confidence is underpinned by the fact that the U.S. Patent and Trademark Office has issued final office actions which have determined these patents to be invalid.�

Titleist, FootJoy and Cobra comprise the major golf brands of Acushnet Company, an operating company of Fortune Brands (NYSE: FO). For more information about Titleist, visit us online at http://www.titleist.com or contact Joe Gomes, Director of Communications (508.979.3211).

My guess is this will be one of those ongoing battles that runs for years through the court system. In the end you might see Acushnet pay some fee to Callaway but I don't think we'll see ProVs taken of the market. Callaway just wants to get their palm greased a little. Maybe they deserve it, I don't know.

Here's a copy of an email I just got from Callaway on this law suit and balls.

Serious golf companies are just as competitive with one another as serious golfers. And when we push each other to create superior products, the technological leaps that result help all golfers play better. It’s no secret that the Titleist® Pro V1® is the most popular golf ball ever. What is not widely known is that after Titleist admitted its Pro V1 golf balls infringed various Callaway patents, a jury found those patents valid, and a federal court has now ordered Titleist to stop making and selling infringing Pro V1 and Pro V1x® golf balls after January 1, 2009.

We will continue to push the performance of golf balls, and we look forward to competing head-to-head with original ideas. Because that’s good for all golfers.

For more information, visit CallawayGolf.com.

I got the same email. What's funny is that Callaway states "it’s no secret that the Titleist® Pro V1® is the most popular golf ball ever." And the picture above it shows "The #1 ball in golf was built on Callaway golf technology" with the Pro V1 ball behind the Callaway ball. Boy, talk about sticking it to them.

Well if this holds up it's a sad day for golfers...I can see why Callaway would keep fighting this, but a product as good as the ProV NOT being available to golfers is not a good thing. Too bad they couldn't do like Blackberry/Rim and the company that owned those patents and work out a licensing deal...Guess I'll be switching to Bridgestone balls

Scott, reread above. It says Titleist is no longer in violation of those patents.

Well, I thought from what I read that as of Jan 2009, Titleist had to be selling a basically new ball....they could not continue to produce the current Prov1 balls that infringe on the patents after that date ("...a federal court has now ordered Titleist to stop making and selling infringing Pro V1 and Pro V1x® golf balls after January 1, 2009.")

I imagine that they've been working on new processes to develop a similar performing ball but I have my doubts if it'll be as good.

Scott, If you re-read the first post on this, it's from Titleist, it says they have a new ball already, and will have another one after the first of the year. Nothing really going to change other than not being an issue with the patents. Time will tell, but I'm guessing the newest ProV1 will be real close to the older ones.

Don, I realize that, but I guess my point is, the ProV1 is dead and that's unfortunate. We're talking about possibly the most popular golf ball ever made and most successful. Sure, Titleist will say they already have something just as good and it doesn't infringe on the patents, but let's face, the ProV series has proved itself. Many manufacturers claim to have the best ball or the longest ball, and I wouldn't expect Titleist to say anything other than what they said, but the proof is in the pudding (or putting?) and we'll just have to wait and see whether they can make a ball as good as it's predecessor legally.

Let's hope so. Maybe its time to stock up on ProVs....

And I wonder if this "new" Titleist ball is on that Hayes my have had to DQ himself over????

does this mean we can get old pro v1s cheaper???

or will they be more expensive because their limited supply? Good thing I like to switch to Bridgestone e6's during the winter months..

True enough Scott. As good as the ProV1 may be, I don't think it's any better than some of the other top of the line tour balls. Annika & Phil seems to do okay with a Callaway ball, and Tiger does fairly well with a Nike ball. I also saw a recent commercial says the winningest combination on tour now is the Nike driver and Nike One ball. TaylorMade claims to be the most played driver on tour, and Titleist claims to be the most popular ball, but Nike is winning more tour events on tour now. That said, it might be a good time to stock up on the old PRoV1 ball if it's your favorite ball. Me, I have enough tour balls on hand to last me a life time as it is, no need to buy more just because the ProV1 will be new next year.

FYI...Golfsmith has reduced the price of ProVs by $5...so it looks like companies will be trying to get ride of stock and make room for the new mystery ball...

I heard about this. Might be a lot of ProV1 fans stocking up on the current ball just in case the new ones not to their liking.

Here's a copy of an email I just got from Titleist. Nothing much new but worth a read if you care about ProV1 balls.

ACUSHNET COMPANY CONTINUES APPEAL PROCESS IN PRO V1 PATENT DISPUTE
Titleist Continues to Manufacture, Distribute and Sell Pro V1 Golf Balls Outside of Scope of Disputed Patents


Fairhaven, MA (December 23, 2008) - Acushnet Company, the golf business of Fortune Brands, Inc. (NYSE: FO), announced that it will move forward with the appeals process following denial of its request for a stay of an injunction regarding certain Titleist Pro V1 golf balls. The company announced that it does not expect today’s ruling or the injunction, scheduled to take effect January 1, 2009, to have a material adverse impact on its results and reaffirmed its confidence that it will ultimately win its appeal of the verdict in the underlying patent dispute.

"This decision will not interfere with Titleist’s ability to continue to manufacture, distribute and sell Pro V1 golf balls,� said Joe Nauman, executive vice president, corporate and legal of Acushnet. "While the stay was not granted, we understand that it was a request for extraordinary relief based upon a limited review.�

In September, well in advance of the District Court’s injunction decision, the production of existing Pro V1 model golf balls was converted to be outside the patents in question. As of January 1, 2009, there will be limited amounts of non-converted Pro V1 golf balls in retail inventory.
“Acushnet does not believe that the injunction order requires Acushnet to recall any Pro V1 golf balls from retailers, or that retailers are required to return any golf balls to Acushnet,� continued Nauman. “However, Acushnet is prepared to accept returns of non-converted retail inventory if requested by retailers.�

On November 10, 2008, the U.S. District Court in Delaware granted Callaway Golf’s request for an injunction in a dispute with respect to four Callaway patents and Acushnet’s Titleist Pro V1 golf balls. Acushnet strongly disagreed with the judge’s ruling and filed an appeal on November 19, 2008, to seek relief from the injunction, and to appeal the district court actions and other of the court’s decisions. Although the stay was not granted, the Appeals Court will next review these complex issues in far greater detail and will likely render a decision sometime late in 2009.

"We firmly believe in our position and will continue to defend ourselves vigorously in the appeal process,� Nauman added. “We expect to prevail in having all claims of all four patents at issue determined to be invalid once the appeal is fully briefed and argued. Our confidence is underpinned by the fact that the U.S. Patent and Trademark Office has issued final office actions which have determined these patents to be invalid.�

Acushnet is the industry leader in developing golf ball technology and has over 650 active golf ball patents – more than any other manufacturer. Titleist Pro V1 golf balls are the product of technology developed and accumulated by the Acushnet Company over the past 20 years, and over 65 Acushnet Company patents are related to the Pro V1 family.

For anyone that cares, here's the latest news on this case direct from Titleist. Enjoy your read.

ACUSHNET WINS NEW TRIAL IN TITLEIST PRO V1 GOLF BALL PATENT CASE
Appeals Court Overturns Previous Verdict

Grants New Trial Expanding Acushnet’s Defense Arguments

Fairhaven, MA (August 17, 2009) – Acushnet Company, the golf business of Fortune Brands, Inc. (NYSE: FO), announced that on August 14, 2009, the United States Court of Appeals for the Federal Circuit granted the company’s request for a new trial and issued other favorable decisions in its patent dispute with Callaway Golf.

In its opinion, the Court of Appeals’ three-judge panel found that the inconsistent jury verdict holding one patent claim invalid and others not invalid was irreconcilable and could not stand. As a result, the Court of Appeals overturned the judgment and injunction entered by the District Court in November 2008 and sent the case back to that court for a new trial. The court also found that the trial court erred in rejecting an important Acushnet defense before the trial and in not allowing certain evidence supporting that defense. Acushnet now will be able to assert that defense and the supporting evidence, in addition to its other significant defenses, in a new trial before the District Court. The ruling also confirms that all Titleist Pro V1 products can be sold, bought and played with confidence and without any threat of disruption in service.

Successful Appeal Enhances Acushnet’s Confidence

“This very positive Court of Appeals ruling affirms our contention that we were not allowed to argue our full case before the jury and that the resulting verdict was inconsistent and not sustainable,� said Joe Nauman, Executive Vice President, Corporate and Legal, Acushnet Company. “We look forward to making our full case to a new jury, where we will have the opportunity to present all of our defenses with more complete evidence. The Court of Appeals decided for us on critical issues that enhance our confidence that we will ultimately prevail in this case. In addition, our confidence is bolstered by the fact that the U.S. Patent & Trademark Office has now issued final reexamination decisions holding that all claims of all four patents are invalid. In fact, the defense reinstated by the Court of Appeals decision is one that the PTO has relied on in its decisions.�

Following a trial in December 2007, a jury in the United States District Court for the District of Delaware was charged with deciding the validity of nine specific claims in four Callaway patents. The jury determined that one claim was invalid and that the other eight claims were not invalid. This created an inconsistency in the verdict that Acushnet and the Court of Appeals viewed as irreconcilable. In addition, there were a number of pre-trial rulings by the court that Acushnet believed materially impacted the outcome of the trial. Acushnet appealed and the Court of Appeals agreed that the District Court erred in several of its rulings, requiring a new trial and possibly other proceedings.

Acushnet is the industry leader in developing golf ball technology and has over 650 active golf ball patents – more than any other manufacturer. Titleist Pro V1 golf balls are the product of technology developed and accumulated by the Acushnet Company over the past 20 years, and over 65 Acushnet patents are related to the Pro V1 family.

So does this really change anything? The new ProVs are not part of this suit. Surely they aren't going to now offer 4 versions of ProVs....the old two plus the new two...If everything they said was true, they'd never want to go back to the old balls

Doesn't sound like it. Sounds like there is going to be another trial. If they win that then they can go back to the old balls.

It just means they will have to have another trial, and see what comes of it. It COULD mean that since the old balls are not prohibited from sale now, any TOUR players that likes the old ball more, might be able to play the old ProV1 again on tour. Even IF the new ball is supposed to be BETTER, it's a matter of which ball you like and which one FITS your game that matters.

Are the old balls still on the "authorized balls" list or was it replaced with the new balls? If it was still on the list then I assume pro's could have still been playing it using Titleist's backstock

I don't think any balls are taken off the list just because a new ball comes out. Don't know about playing the old ProV1 after the judge ruled in favor of Callaway.

I think because of all this, I'm just going to switch to Bridgestone B330-S balls....

I'm thinking of going to the Srixon Z Star X.

Good move