Callaway Golf is taking its ball business seriously and doesn’t plan to let Titleist sit quietly atop the golf ball market share heap. A company known for aggressively going after counterfeit Pro-V1 product, including the filing of a number of suits in the last year against retailers, Titleist parent Acushnet, a division of Fortune Brands, is now on the receiving end of the summons.

A suit filed two weeks ago by Callaway in federal court in Delaware alleges that the Titleist Pro uses technology covered by four Callaway patents. ELY said it acquired those patents when it acquired Top-Flite Golf out of bankruptcy in 2003.

The two companies have apparently been in settlement talks, but ELY decided to file suit when the talks stalled.