Patent Law

Acushnet to ignore CAFC injunction on Titleist golf balls?

By Lawrence B. Ebert, Esq.

Fortune Brands Inc.'s (FO) Acushnet Co. said it will continue to sell its Titleist Pro V1 golf balls despite a federal appeals court ruling upholding a previously granted permanent injunction to stop selling them.

The "Golf Equipment Examiner" employed greater imagery:

U.S. General Anthony McAuliffe, who commanded the 101st Airborne troops during the Battle of the Bulge, replied to a German surrender directive this way: ?Nuts.?

Although more carefully guarded, the Acushnet Company (Titleist, FootJoy, Cobra) basically is telling Callaway Golf Company the same thing in the companies? ongoing legal battle regarding golf ball patents.

After a three judge panel of the U.S. Federal Circuit on Dec. 23 denied a request by the Acushnet Company to stay a previously-granted permanent injunction received by Callaway Golf Co. to stop sales of Titleist Pro V1 golf balls Callaway believes infringes on four of its ball patents, Acushnet vowed to fight on and continue the appeal process.

?We firmly believe in our position and will continue to defend ourselves vigorously in the appeal process,? said Joe Nauman, executive vice president, corporate and legal, for Acushnet. ?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.?

In other words, ?Nuts,? particularly in light of Callaway Golf?s request to surrender following the Federal Circuit ruling.

Full post as published by IPBiz on December 25, 2008 (boomark / email).