Fortune Brands target of golf ball suit
Callaway Golf Co., the maker of Big Bertha and Steelhead golf clubs, traded lawsuits with Fortune Brands Inc.'s Acushnet Co. over its redesigned Titleist Pro V1 golf balls.
Acushnet's new versions of Pro V1 golf balls, modified after a previous infringement suit by Callaway, infringed two other patents, according to a complaint filed yesterday in federal court in Wilmington, Delaware. Acushnet countersued today, claiming Callaway's patents are invalid and Callaway infringed nine of its patents.
"We don't comment on never-ending litigation," Michele Szynal, a Callaway spokeswoman, said today in a phone interview.
"As the industry leader, we respect the valid intellectual property of others and expect others to respect ours," Joe Nauman, an Acushnet vice president, said in a statement. "We are hopeful that these matters can be resolved."
Acushnet agreed in 2007 that its Pro V1 balls infringed Carlsbad, California-based Callaway's patents for multilayered golf balls while disputing the validity of the patents. A jury ruled in December 2007 that the patents were valid, and a judge in November ordered a halt to production of the balls. Acushnet appealed in December.
Acushnet said in November that it converted the production of existing Pro V1 golf balls to put them outside the patents in question. The 2009 version of the balls is beyond the scope of Callaway's patents, Acushnet said at the time.
2003 Acquisition
Callaway claims in its current lawsuit that the new Pro V1 golf balls infringe two patents in a suite of patents acquired in 2003. The patents cover technology for a dual core for golf balls and a multilayer golf ball, Callaway said in the complaint.
Acushnet countered in its complaint that Callaway infringed nine patents issued between 2001 and 2009. Acushnet is seeking unspecified damages.
Callaway, with $1.12 billion in 2008 sales, rose 25 cents to $6.53 at 3:07 p.m. in New York Stock Exchange composite trading. The shares have declined 30 percent this year.
Fortune Brands, based in Deerfield, with $7.1 billion in sales last year, fell 40 cents to $21.70. The stock has dropped 47 percent this year.
The cases are Callaway Golf Co. v. Acushnet Co., 09-00131, and Acushnet Co. v. Callaway Golf Co., 09-00130, U.S. District Court, District of Delaware (Wilmington).