A three judge panel of the United States Court of Appeals for the Federal Circuit last week denied a request by The Acushnet Company to stay a permanent injunction to stop sales of infringing Titleist Pro V1 golf balls.
Acushnet, parent company of the Titleist, Footjoy and Cobra brands, said in a statement that it will move forward with the appeals process following the ruling, while Callaway noted that two courts have now validated the injunction against infringing Pro V1 golf balls.
Acushnet reaffirmed its confidence that it will ultimately win its appeal of the verdict.
In November, a U.S. District Court granted Callaways request for a permanent injunction to halt sales of Acushnets current line of Titleist Pro V1 golf balls, effective Jan. 1, 2009. The ruling followed a lengthy court battle that began in February of 2006 when Callaway filed a suit alleging that Acushnet used technology covered by four Callaway patents when it manufactured the Pro V-1 golf ball line.
Acushnet said in September that the production of existing Pro V1 model golf balls was converted to be outside the patents in question.
Likewise, Titleist has assured the industry that the new version of the Pro V1, which launches in the first quarter of 2009, will perform “differently and better” than the current Pro V1.