Baden Sports, Inc. received an $8.1 million judgment in a federal case brought against Molten Corporation and Molten USA. The jury found that Molten willfully infringed Baden’s patent on Cushion Control Technology and that Molten had intentionally falsely advertised its basketballs. In addition to monetary damages, the U.S. District Court of Western Washington issued a permanent injunction that enjoins Molten from continuing to sell or offering to sell its infringing dual cushion basketballs in the United States and also from advertising to U.S. consumers its dual cushion basketball as innovative. The Court enjoined not only false advertising within the United States, but false advertising directed at United States consumers.


Baden developed Cushion Control Technology (CCTTM) in the mid-90s as a way to give players greater control of the basketball. This technology consists of thousands of tiny air cells that separate the outer and inner layers of a basketball, providing a softer feel, truer bounce and longer life.


It is unfortunate that a competitor decided to exploit Baden’s intellectual property, said Michael J. Schindler, Baden’s CEO. This entire legal process was long and costly for a company our size, but we are pleased with the jury verdict.


Baden has also filed suit in federal court in Las Vegas, Nev. against the Federation International de Basketball (FIBA) and USA Basketball, citing that both organizations used Molten basketballs despite being aware that doing so infringed on Baden’s patent. Molten was the official basketball of the 2007 FIBA Americas Championship in Las Vegas, Nev., a qualifying tournament for the 2008 Olympics, which took place on August 22 through September 2. Molten is also the official basketball of the 2008 Olympic Games in Beijing and an official sponsor of USA Basketball.


Molten USA, based in Reno, Nev. and its parent company Molten Corporation, based in Hiroshima, Japan, distributes its sports products in at least 75 countries worldwide and claims to be the world’s largest ball and sports equipment manufacturer.