Callaway Sues Titleist Over Pro V1 Patents
Posted February 12th, 2006 by Donald MacKenzie
Callaway has sued Acushnet over four patents pertaining to the Pro V1 golf balls. How big is this?
It's been a little while since a major heavyweight legal battle has taken place in the golf biz. Well, time to lace up the gloves and ring the bell. Callaway Golf has sued Acushnet, parent company of Titleist. According to The San Diego Union-Tribune, Callaway filed suit on Thursday alleging that the Titleist Pro V1 ball uses technology covered by four patents that Callaway acquired when it purchased Top-Flite Golf out of bankruptcy in 2003.
The story in the Union-Trib breaks it down as such: According to Callaway, the two companies had been in settlement talks for some time, but the talks had broken down. According to Acushnet, the company's legal team is reviewing the complaint and has nothing to say at this time.
The four patents are several years old and have to do with the solid-core technology that the Pro V1 golf balls use. As you may recall, Top-Flite's Strata balls had a similar three-layer, solid-core design years before the Pro V1 hit the market. There are significant differences between the two balls - and other balls like the Nike Tour Accuracy and Callaway Rule 35 also beat the Pro V1 to market - but Top-Flite did have many patents covering the construction of multilayer, solid-core golf balls. Top-Flite's intellectual property and patent portfolio were key elements in Callaway's decision to buy the company. And don't forget that Callaway had to license some patents from Acushnet to avoid legal trouble with the Rule 35 and CTU 30 golf balls.
It seems a bit odd that Callaway would wait until now to take this to court, but the company has plenty of experience in the world of legal skirmishes. Patent battles take place fairly often, and it's difficult to handicap how they might come out. Usually, they're settled very quietly. After all, Bridgestone sued Acushnet last year, claiming that the Pro V1 violated 10 of that company's patents - and nothing has been heard of that claim since.
But Callaway vs. Acushnet? Them's the two biggest names in the biz, the two biggest golf ball sellers. If they've already had protracted negotiations that haven't borne fruit, maybe this will be the rare spat that actually sees a courtroom.
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Posted 10 Jul 2006 at 12:03am #
can you let me know what has happened to the Bridgstone patent infringement lawsuit against Acushnet?
Posted 25 Nov 2007 at 11:13am #
I understand Callaway sued Orlimar and it was this action that put the company out to pasture. Now they have waited a long time to sue Acushnet. Again why did they wait this long other then they feel this is the way to do business. i should think not!!!
Looks like this is the way they pick up market share. I recently purchased two Callaway fairway woods but would have thought twice about doing this if I would have known they are now going to go after Acushnet or Titleist.
If this is the way they pick up market share them shame on them. Orlimar was a good company and I know that this wasn't the only thing that made Jessie Ortiz go out of business but come on now have some control. Competition is good for everyone including Callaway. On to Ping-give me a break forget getting a new set of Callaway Irons. Ping is a more likely choice.
Posted 21 Feb 2008 at 5:38pm #
does this mean that titleist have to stop making the pro v ?
Posted 14 Jun 2008 at 9:22am #
Is there any update to this? The rumors on the street say that Callaway won and Titleist must stop selling the ProV1 and ProV1x by December 31st. I heard this from a golf pro which you would think would bring creditiblity, but he also said it was it was 16 infractions verse the 4 mentioned above. I have noticed that some of the small shop and courses have a limited supply of Titleist on the shelf. What is the real story?
Posted 14 Jun 2008 at 12:56pm #
Dave Matthews said on June 14, 2008:
Yeah, the update is that both parties are still in court. Titleist has made allegations, Callaway has made more allegations, and so on. It's not even close to being "decided," and your golf pro couldn't be further from the truth. Callaway hasn't won anything, Titleist is as free as ever to sell their golf balls, and nothing at that level has changed one bit.
If you're truly interested in this case, follow along at golf-patents.com. For example, here and here.
Posted 12 Nov 2008 at 12:54pm #
[...] 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 [...]
Posted 16 Nov 2008 at 8:00am #
One of their most recent products, the Xi ball is ok off the tee, but putts like a rock. If Callaway has the patents why don't they make a ball as good as the Pro V1.
I suspect the callaway managers will either refuse a license or exact a dear price for one, extending the increase in price, too prevalent in Golf today
Golf has declined in the last couple of years--Time to is part of it but I suspect cost is a significant factor. $500 drivers, $100 plus greenfees--What next, a $10 golf ball?
Posted 20 Nov 2008 at 7:11pm #
This case is a none issue because Titleist changed the Pro V1 so the scope is outside the 4 patients in question. I guess if you can't beat the ball in sales you try and sue the company. That is Callaway's way of doing business have they forgotten golf is a game of ethics and morals.