Monday, August 17, 2009

In a new development in the long-running patent dispute between Acushnet, the parent company of Titleist, and Callaway over the ProV1 golf ball, a court of appeals today granted Acushnet's request for a new trial. The press release from Acushnet is below: 
"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." Read the complete release at titleist.com.

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