Court Order May Stop Pro V1s
But Acushnet Co., maker of Titleist golf balls, doesnt expect the supply of Pro V1s to dry up.
We strongly disagree with the judges ruling and will file an appeal and seek relief from the injunction, said Joe Nauman, executive vice president, corporate and legal of Acushnet, in a prepared statement. However, its important to recognize that this ruling will not have any impact on our ability to supply our customers with Pro V1 golf balls because of the following actions which we have undertaken. In September 2008, we converted production of the existing Pro V1 models so that they are outside of the patents in question, and we have also developed and will be introducing new and improved Titleist Pro V1 products in the first quarter of 2009 that are also outside the scope of the patents in question.
Nonetheless, the opinion of Judge Sue L. Robinson of the federal District Court in Delaware, mandates the following:
[T]he court finds that [Callaway] has made a sufficient showing on each of the four traditional factors [necessary to prove to win a permanent injunction]. A permanent injunction shall issue by separate order. The court will enjoin the production and sale of Pro V1 products commencing January 1, 2009.
The case, Callaway Golf Co. v. Acushnet Co., filed in 2006, arose from Callaways contention that Titleists Pro V1 balls infringed on a number of golf ball patents. After a December 2007 trial, the jury found all but one of Callaways patent claims to be valid.
Callaway owns the patents through its ownership of the Spalding family of golf brands. Spalding filed for the patents in 1999 and 2001; they were granted in 2001 and 2003. The inventor of the patents, Michael J. Sullivan, has worked for Acushnet since 2000.
It is unusual for any court to grant relief as drastic as a permanent injunction ordering a stop to commercial activity. But such an order can be won if an aggrieved party shows 1) irreparable injury, 2) that more traditional legal remedies (such as monetary damages) will not compensate for the injury, 3) that a balance of hardships between plaintiff and defendant make the case a good one for granting an injunction, and 4) that granting such relief would not impinge on any public interest. In patent cases, permanent injunctions used to be easier to get. But a 2005 Supreme Court case determined that obtaining injunctive relief in patent cases should be no different than in other types of cases.
Still, it is unlikely that Pro V1s will disappear from the shelves any time soon. As part of its appeal, Acushnet is likely to file motions suspending the operation of the injunction pending the outcome of the appeal, as most appealing parties do. (Acushnet representatives would not comment on the case beyond the statement mentioned above.)
Even though it has won injunctive relief, Callaway will also be seeking monetary damages. Those could amount to $100 million, said a source close to the situation who asked not to be indentified.
Through September, the month for which the latest figures are available, Titleist owned about 53 percent of the U.S. golf ball market, measured in dollar sales. Callaways market share to the same point this year was about 11 percent. The two companies have the only double-digit shares in the U.S. market.
What's in the bag: CareerBuilder winner Rahm
Jon Rahm defeated Andrew Landry in a playoff to earn his second PGA Tour title at the CareerBuilder Challenge. Here's what's in his bag:
Driver: TaylorMade M4 (9.5 degrees), with Aldila Tour Green 75 TX shaft
Fairway wood: TaylorMade M3 (19 degrees), with Aldila Tour Green 75 TX shaft
Irons: TaylorMade P790 (3), P750 (4-PW), with Project X 6.5 shafts
Wedges: TaylorMade Milled Grind (52, 56 degrees), Milled Grind Hi-Toe (60 degrees), with Project X 6.5 shafts
Putter: TaylorMade Spider Tour Red
Ball: TaylorMade TP5x
Strange irked by Rahm-Landry friendly playoff
Curtis Strange knows a thing or two about winning golf tournaments, and based on his reaction to the CareerBuilder Challenge playoff on Sunday, it’s safe to say he did things a little differently while picking up 17 PGA Tour victories in his Hall-of-Fame career.
While Jon Rahm and Andrew Landry were “battling” through four extra holes, Strange, 62, tweeted his issues with the duo’s constant chit-chat and friendly banter down the stretch at La Quinta Country Club, where Rahm eventually came out on top.
Watching Andrew Landry and Jon Rahm in playoff. Walking off tee talking to each other. Are you kidding me ? Talking at all. ?— Curtis Strange (@golf_strange) January 22, 2018
The two-time U.S. Open champ then engaged with some followers to explain his point a little more in depth.
0 words— Curtis Strange (@golf_strange) January 22, 2018
The issue is I don’t want to make you a bit relaxed or comfortable. High pressure, good.— Curtis Strange (@golf_strange) January 22, 2018
Did you watch the end of the NFL games yesterday ? Enough said.— Curtis Strange (@golf_strange) January 22, 2018
I didn’t say you couldn’t be friends and competitive. But in a playoff, 1 tiny mistake and you lose, and that devastated me. Friends before and after, competitors during play.— Curtis Strange (@golf_strange) January 22, 2018
Did you win ? It’s all about surviving the competition to test yourself.— Curtis Strange (@golf_strange) January 22, 2018
So, yeah ... don't think he's changing his perspective on this topic anytime soon ever.
Randall's Rant: The Euros won't just roll over
The Ryder Cup may not be the King Kong of golf events yet, but you can hear the biennial international team event thumping its chest a full eight months out.
As anticipation for this year’s big events goes, there is more buzz about Europe’s bid to hold off a rejuvenated American effort in Paris in September than there is about the Masters coming up in April.
Thank Europe’s phenomenal success last weekend for that.
And Rory McIlroy’s impassioned remarks in Abu Dhabi.
And the provocative bulletin board material a certain Sports Illustrated writer provided the Europeans a couple months ago, with a stinging assault on the Euro chances that read like an obituary.
McIlroy was asked in a news conference before his 2018 debut last week what he was most excited about this year.
The Ryder Cup topped his list.
Though McIlroy will be trying to complete the career Grand Slam at Augusta National come April, he talked more about the Ryder Cup than he did any of the game’s major championships.
When asked a follow-up about the American team’s resurgence after a task-force overhaul and the injection of young, new star power, McIlroy nearly started breaking down the matchup. He talked about the young Americans and how good they are.
“Yeah, the Americans have been, obviously, very buoyant about their chances and whatever, but it’s never as easy as that. ... The Ryder Cup’s always close,” McIlroy said. “I think we’ll have a great team, and it definitely won’t be as easy as they think it’s going to be.”
McIlroy may have been talking about Alan Shipnuck’s bold prediction after the American Presidents Cup rout last fall.
Or similar assertions from TV analysts.
“The Ryder Cup is dead – you just don’t know it yet,” Shipnuck wrote. “One of the greatest events in sport is on the verge of irrelevancy. The young, talented, hungry golfers from the United States, benefitting from the cohesive leadership of the Task Force era, are going to roll to victory in 2018 in Paris.”
European Ryder Cup captain Thomas Bjorn won’t find words that will motivate the Euros more than that as he watches his prospective players jockey to make the team.
And, boy, did they jockey last weekend.
The Euros dominated across the planet, not that they did it with the Ryder Cup as some rallying cry, because they didn’t. But it was a heck of an encouraging start to the year for Bjorn to witness.
Spain’s Jon Rahm won the CareerBuilder Challenge on the PGA Tour, England’s Tommy Fleetwood started the week at Abu Dhabi paired with American and world No. 1 Dustin Johnson and won the European Tour event, and Spain’s Sergio Garcia won the Singapore Open in a rout on the Asian Tour.
And McIlroy looked close to being in midseason form, tying for third in his first start in three months.
Yes, it’s only January, and the Ryder Cup is still a long way off, with so much still to unfold, but you got an early sense from McIlroy how much defending European turf will mean to him and the Euros in Paris in September.
The Masters is great theater, the U.S. Open a rigorous test, The Open and the PGA Championship historically important, too, but the Ryder Cup touches a nerve none of those do.
The Ryder Cup stokes more fervor, provokes more passion and incites more vitriol than any other event in golf.
More bulletin board material, too.
Yeah, it’s a long way off, but you can already hear the Ryder Cup’s King Kong like footsteps in its distant approach. Watching how the American and European teams come together will be an ongoing drama through spring and summer.
Quail Hollow officials promise players easier conditions
Quail Hollow Club - a staple on the PGA Tour since 2003 - debuted as a longer, tougher version of itself at last year’s PGA Championship, receiving mixed reviews from players.
The course played to a lengthened 7,600 yards at last year’s PGA and a 73.46 stroke average, the toughest course in relation to par on Tour in 2017. As a result, it left some players less than excited to return to the Charlotte, N.C.-area layout later this spring for the Wells Fargo Championship.
It’s that lack of enthusiasm that led officials at Quail Hollow to send a video to players saying, essentially, that the course players have lauded for years will be back in May.
The video, which includes Quail Hollow president Johnny Harris and runs nearly five minutes, begins with an explanation of how the first hole, which played as a 524-yard par 4 at the PGA, will play much shorter at the Wells Fargo Championship.
“I had a number of my friends who were playing in the tournament tell me that tee was better suited as a lemonade stand,” Harris joked of the new tee box on the fourth hole. “I doubt we’ll ever see that tee used again in competition.”
Harris also explained that the greens, which became too fast for some, will be “softer” for this year’s Wells Fargo Championship.