"That process could nullify Callaway's victory."
/Golf Digest has moved Banal and Gawky's online shtik to the print edition where in the March issue they pretend to argue in cutesy fashion over issues. Their first conversation went nowhere over USGA ball testing, but this bit on the Pro V1 lawsuit was interesting related to the prospects of Callaway landing a big award from Acushnet, even if I don't really understand what this patent laws stuff is about:
Nearly two years ago, Callaway Golf sued Acushnet (parent of Titleist) in U.S. District Court in Delaware, claiming the company's Pro V1 infringed on its patented golf-ball technology (patents that Callaway acquired when it purchased Top-Flite in 2003). In December, a jury found in favor of Callaway. Now the company wants monetary damages and an injunction against sales of the Pro V1. The case is intriguing not just because it went to trial and ball category leader Titleist lost. The court's ruling contradicts U.S. Patent and Trademark Office actions, which initially found the disputed patents invalid and during an ongoing review again has found one patent invalid. That process could nullify Callaway's victory.
"I'm sure there's a constitutional law professor scratching his head wondering how this will play out," says David Dawsey, a patent attorney in Columbus, Ohio, and founder of the website golf-patents.com. "Both sides know the risks. It wouldn't surprise me if Callaway discounted what it perceives to be its value in this case by 50 percent [settles the case], knowing the patents could be declared invalid. Acushnet knows it faces the potential for a huge damage award. But there's really no predicting it."