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.
Punch shot: Predictions for the 147th Open
CARNOUSTIE, Scotland – In advance of the 147th Open Championship, GolfChannel.com writers sound off on burning questions as players ready for a fast and firm test at Carnoustie. Here’s what our writers think about myriad topics:
The Monday morning headline will be …
REX HOGGARD: “Survival.” This one is easy. It always is at Carnoustie, which is widely considered The Open’s most demanding major championship test. Monday’s headline will be that the champion - pick a champion, any one will do - “survived” another dramatic Open. You don’t dominate Carnoustie; you endure.
RYAN LAVNER: “DJ Bashes Way to Victory at Carnoustie.” If somehow a two-win season could be disappointing, it has been for DJ. He’s first in scoring average, birdie average, par-4 scoring, par-5 scoring, strokes gained: tee to green and proximity from the rough. Those last two stats are the most important, especially here at Carnoustie, with these dry conditions. The game’s preeminent long-and-straight driver, there’s a better-than-decent chance he rolls.
MERCER BAGGS: “Rahm Tough: Spaniard charges to Open victory.” Jon Rahm will claim him maiden major title this week by powering his way through the winds and fescue at Carnoustie.
JAY COFFIN: “Thomas wins second major, ascends to world No. 1 again.” Shortly after The Open last year, Thomas rolled through the end of the PGA Tour season. This is the time of year he likes best. Despite a poor Open record the last two years, he’s not remotely concerned. He’s a tad miffed he didn’t win in France two weeks ago and comes to Carnoustie refreshed, with a gameplan, and ready to pounce.
Who or what will be the biggest surprise?
HOGGARD: Style of play. Given Carnoustie’s reputation as a brute, the surprise will be how the champion arrives at his lofty perch. Unlike previous editions at Carnoustie, this week’s dry conditions will promote more aggressive play off the tee and the winner will defy the norm and power his way to victory.
LAVNER: Tiger Woods. This is Woods’ best chance to win a major this year, and here’s believing he contends. His greatest strengths are his iron game and scrambling, and both aspects will be tested to the extreme at Carnoustie, helping separate him from some of the pretenders. With even a little cooperation from his putter, he should be in the mix.
BAGGS: Padraig Harrington. He had a good opening round last week at the Scottish Open and has some good vibes being the 2007 Open champion at Carnoustie. He won’t contend for four rounds, but a few days in the mix would be a nice surprise.
COFFIN: Alex Noren. Perhaps someone ranked 11th in the world shouldn’t be a surprise, but with so much focus on some of the bigger, household names, don’t be surprised when Noren is in contention on Sunday. He hasn’t finished worse than 25th since early May and won two weeks ago in France. He also tied for sixth place last year at Royal Birkdale.
Who or what will be the biggest disappointment?
HOGGARD: Jordan Spieth. Although he was brilliant on his way to victory last year at Royal Birkdale, Spieth is not the same player for this week’s championship, the byproduct of a balky putter that has eroded his confidence. Spieth said giving back the claret jug this week was hard, but his finish will be even tougher.
LAVNER: Weather. This might sound a little sadistic, but one of the unique joys of covering this tournament is to watch the best in the world battle conditions they face only once a year – the bone-chilling cold, the sideways rain, the howling wind. It doesn’t appear as though that’ll happen this year. With only a few hours of light rain expected, and no crazy winds in the forecast, the biggest challenge for these stars will be judging the bounces on the hard, baked-out turf.
BAGGS: Jordan Spieth. The defending champion is still trying to find his winning form and Carnoustie doesn’t seem the place to do that. As much as he says he loves playing in strong winds, there should be enough danger around here to frustrate Spieth into a missed cut.
COFFIN: Rory McIlroy. I hope I’m wrong on this, because the game is better when Rory is in contention at majors. Putting always has been his issue and seemingly always will be. While there isn’t as much of a premium placed on putting this week because of slower greens, he may still have to hit it close. Super close.
What will be the winning score?
HOGGARD: 10 under. The last two Opens played at Carnoustie were won with 7-under and 6-over totals, but this week’s conditions will favor more aggressive play and lower scores. Expect to see plenty of birdies, but the great equalizer will come on Sunday when wind gusts are forecast to reach 25 mph.
LAVNER: 15 under. An Open at Carnoustie has never produced a winner lower than 9 under (Tom Watson in 1975), but never have the conditions been this susceptible to low scores. Sure, the fairway bunkers are still a one-shot penalty, but today’s big hitters can fly them. The thin, wispy rough isn’t much of a deterrent. And the wind isn’t expected to really whip until the final day.
BAGGS: 12 under. We aren’t going to see the same kind of weather we have previously witnessed at Carnoustie, and that’s a shame. Any players who catch relatively benign conditions should be able to go low, as long as they can properly navigate the fairway rollout.
COFFIN: 14 under. Walked into a local golf shop in the town of Carnoustie wearing a Golf Channel logo and the man behind the counter said, “It’ll take 14 under to win this week.” Well, he’s been here for years and seen Carnoustie host The Open twice before. He knows more about it than I do, so I’ll stick with his number.
Watch: Na plays backwards flop and practices lefty
Fresh off his victory at The Greenbrier, Kevin Na is taking a quite-literally-backwards approach to his Open prep.
Caddie Kenny Harms has been sharing videos of Na's early work at Carnoustie.
This one shows Na standing in a bunker and playing a flop shot over his own head (as opposed to someone else's):
While it's unlikely he'll have a need for that exact shot this week, it's far more likely a player may have to think about turning his club over and playing from the wrong side of the ball, like so:
Na has made 4 of 6 cuts at The Open and will look to improve on his best career finish, currently a T-22 in 2016 at Royal Troon.
McIlroy growing 'comfortable' on Open courses
CARNOUSTIE, Scotland – For a player who once complained about the vagaries of links golf, Rory McIlroy enters this Open with a dazzling record in the sport’s oldest championship.
Though he missed the 2015 event because of an ankle injury, McIlroy has now posted three consecutive top-5 finishes in the year’s third major.
“It’s surprising a little bit that my best form in major championships has been this tournament,” he said Wednesday, “but at the same time I’ve grown up these courses, and I’m comfortable on them. I think going to courses on The Open rota that I’ve played quite a lot. I think that helps. You have a comfort level with the golf course, and you’ve built up enough experience to know where to hit and where not to hit it.”
McIlroy still regrets what happened in 2015, when he “did something slightly silly” and injured his ankle while playing soccer a few weeks before the event. That came a year after he triumphed at Royal Liverpool.
“Since 2010, I couldn’t wait to play The Open at St. Andrews,” he said. “I thought that was one of my best chances to win a major.”
He tied for 42nd at Carnoustie in 2007, earning low-amateur honors.
Height of irony: Phil putts in front of 'rules' sign
A picture is worth 1,000 words and potentially two strokes for playing a moving ball under Rule 14-5 but not Rule 1-2.
Phil Mickelson has been having some fun during his Open prep at Carnoustie hitting flop shots over human beings, but the irony of this photo below is too obvious to go over anyone's head.
Mickelson also tried tapping down fescue two weeks ago at The Greenbrier, incurring another two-shot penalty.
And so we're left to wonder about what Phil asked himself back at Shinnecock Hills: "The real question is, ‘What am I going to do next?’”