worst_shot_ever
I leave big divots
Just saw this in a legal bulletin to which I subscribe:
Federal Circuit Holds Titleist's New Balls Infringe, Halts Production
Fairfax, Virginia
A stunning development in the long-running patent infringement suit between two popular producers of golf equipment, Titleist (Fortune Brands, Inc. (NYSE: FO)) and Callaway Golf Company (NYSE:ELY): the Federal Circuit, the appellate court charged with review of all patent claims, issued an order this morning blocking production of the company's newly-released 2009 Pro V1 and V1x golf balls. Titleist had touted its 2009 model as its answer to the adverse decision it suffered last year that Titleist infringed several production processes on which Callaway held patents. The new ruling obligates Titleist to halt production of its 2009 line of Pro V1 and V1x balls immediately, to remove all infringing balls from retail circulation, and further to remit to Callaway the net value of all profits Titleist and its parent company, Acushnet, have received to date as a result of the sale of its infringing balls.
Neither Titleist nor Callaway have issued a statement about the ruling, which was handed down in a opinion released earlier this morning. When reached for comment, however, a spokesman for Titleist, Erik J. Barzeski, stated that the decision was being reviewed by the company's legal team. When asked about the ramifications of the adverse decision, Mr. Barzeski said "no effect at all," and indicated that Titliest would "simply build a better mouse trap, again." "Callaway sucks," he added.
(c) West Thompson Legal Bureau
Dateline: Apr. 1, 2009