Merry Christmas Mr. Pro-V1 Attorney: Acushnet To Continue Appeals
/From Fairhaven:
ACUSHNET COMPANY CONTINUES APPEAL PROCESS IN PRO V1 PATENT DISPUTE
Titleist Continues to Manufacture, Distribute and Sell Pro V1 Golf Balls Outside of Scope of Disputed Patents
Fairhaven, MA (December 23, 2008) - Acushnet Company, the golf business of Fortune Brands, Inc. (NYSE: FO), announced that it will move forward with the appeals process following denial of its request for a stay of an injunction regarding certain Titleist Pro V1 golf balls. The company announced that it does not expect today’s ruling or the injunction, scheduled to take effect January 1, 2009, to have a material adverse impact on its results and reaffirmed its confidence that it will ultimately win its appeal of the verdict in the underlying patent dispute.
"This decision will not interfere with Titleist’s ability to continue to manufacture, distribute and sell Pro V1 golf balls,” said Joe Nauman, executive vice president, corporate and legal of Acushnet. "While the stay was not granted, we understand that it was a request for extraordinary relief based upon a limited review.”
In September, well in advance of the District Court’s injunction decision, the production of existing Pro V1 model golf balls was converted to be outside the patents in question. As of January 1, 2009, there will be limited amounts of non-converted Pro V1 golf balls in retail inventory.
“Acushnet does not believe that the injunction order requires Acushnet to recall any Pro V1 golf balls from retailers, or that retailers are required to return any golf balls to Acushnet,” continued Nauman. “However, Acushnet is prepared to accept returns of non-converted retail inventory if requested by retailers.”
That's a bummer. I've been stocking up on non-converted retail inventory for fear that the converted retail inventory isn't as good.