Recently Callaway celebrated a minor victory in their long-running legal battle with Titleist over patents related to the manufacturing process used to create Pro V1 and Pro V1x golf balls. A few weeks back, Titleist celebrated their own small victory when the U.S. Patent Office ruled the four applicable patents invalid.
Despite the now invalid patents, a Delaware judge recently granted Callaway a permanent injunction against Titleist for the sale and distribution of Pro V1 golf balls manufactured under the patents in dispute in the U.S.
However, Titleist quickly responded to point out that since September, they'd shifted their manufacturing process to a new one clear of these patents, and that production, distribution, and sale of Pro V1 and Pro V1x will not be hindered. This shift in manufacturing has been planned for quite some time and is not the result of the lawsuit. Please see paragraph two of Titleist's official response (below) for more on that. If you were wondering whether there would be new Pro V1s in 2009, you'll also want to read the response.
For those deeply interested - or for those who are as confused as I am about how what are now invalid patents can be used to form an injunction - I recommend you check out David Dawsey's golf-patents.com in the coming weeks.
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