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Titleist Pro V1 Golf Balls Banned?

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Titleist Pro V1 Golf Balls Banned?


Titleist Pro V1There are news reports that the Titleist Pro V1 golf ball is on the verge of being banned.

But if you are one of the many who hold the Titleist Pro V1’s dear, don’t panic. Reports of their demise appear premature.

It all revolves around a long running dispute with Callaway over alleged infringement of technology patents.

A report published on the Sydney Morning Herald website today (and similar in The Age) states:

“THE golf ball used by many of the world’s best professional players and millions of amateurs is on the verge of being banned.

The Titleist Pro V1 ball, used by the likes of Australians Adam Scott and Geoff Ogilvy, will disappear in its current form from next year after Callaway, a fierce rival of Titleist in the top-end golf market, won a lawsuit in the United States.

 The original case went Callaway’s way in December 2007; yesterday, the District Court in Wilmington, Delaware, rejected an appeal by Acushnet, manufacturer of Titleist products, and granted a “permanent injunction” stopping the manufacture of the balls.

Callaway claimed that Titleist infringed its patent on the technology used in production of its HX brand balls when it began making Pro V1.”

However Titleist, in the form of the parent organisation the Acushnet Company, has released the following public statement, which in part says the court “ruling will not have any impact on our ability to supply our customers with Pro V1 golf balls.”

Fairhaven, MA. — Acushnet Company, the golf business of Fortune Brands, Inc. (NYSE: FO), announced that it will file an appeal of today’s ruling in a U.S. District Court in Delaware granting Callaway Golf’s request for an injunction in the long-running dispute with respect to four Callaway patents and Acushnet’s Titleist Pro V1 golf balls.  The company also announced that it does not expect the ruling to have a material adverse impact on its results.
 
“We strongly disagree with the judge’s ruling and will file an appeal and seek relief from the injunction,” said Joe Nauman, executive vice president, corporate and legal of Acushnet.  “However, it’s 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.    
 
“Our Pro V1 golf balls are the product of technology developed and accumulated by the Acushnet Company over the past 20 years,” Nauman continued.  “Acushnet is the industry leader in developing golf ball technology and has over 650 active golf ball patents – more than any other manufacturer.  Over 65 of these patents are related to the Pro V1 family.
 
“We will continue to defend ourselves vigorously and we fully expect to prevail in having all claims of all four patents at issue determined to be invalid in the appeal process,” Nauman added.  “Our confidence is underpinned by the fact that the U.S. Patent and Trademark Office has issued final office actions which have determined these patents to be invalid.”

UPDATE 19/11/2008

With concerns about the fate of Titleist Pro V1 balls still circulating, Titleist has posted the following FAQ list. They would seem to confirm that whatever the outcome of any court decisions,  Titleist Pro Vi balls will still be available on the shelves (and certianly for play in Australia). Titleist says it is always making modifications to the balls and has already done so in this case.

TITLEIST PRO V1 LITIGATION FACT SHEET

FREQUENTLY ASKED QUESTIONS

 

Many questions have arisen in connection with the ongoing litigation between Acushnet Company and Callaway Golf regarding certain patents and Titleist Pro V1 and Pro V1x golf balls. To avoid any misunderstandings, below are some Frequently Asked Questions and Acushnet Company’s responses. Throughout this list, we refer to “Pro V1” golf balls. These responses apply equally to Pro V1x golf balls.

Can golfers play and purchase Titleist Pro V1 golf balls now?
Yes. Golfers can play and purchase Titleist Pro V1 golf balls with confidence. All Pro V1 golf balls (those golfers might already own and any new purchases) conform to USGA rules and are legal for play and purchase.

Will golfers be able to play and purchase Titleist Pro V1 golf balls after January 1, 2009?
Yes. The recent court order will not impact our ability to supply Golf Shops with Pro V1 golf balls. In September 2008, we converted production of the existing Pro V1 models so that they are outside the scope of the patents in question. Golf Shops can continue to order and take delivery of Pro V1 golf balls now and after January 1, 2009 and golfers can continue to play with and purchase Pro V1 with confidence.

Is there a performance difference between the existing Pro V1 golf balls and the converted production models?
No. While a number of changes in the manufacturing process were required to address the patent issues, performance and quality are indistinguishable from the current products and the converted products have been Tour validated.

How can I distinguish between the existing Pro V1 golf balls and the converted models?
Converted Pro V1 models have the same packaging and sidestamps as the existing models. However, there is a small black or red circular sticker or marking on every Pro V1 dozen box and sleeve to identify the converted production.

Does the converted product conform to USGA Rules?
Yes. Titleist Pro V1 golf balls have always conformed to USGA Rules and these products are no exception.

Can Tour players play Titleist Pro V1 golf balls now and after January 1, 2009?
Yes. Tour players can play Titleist Pro V1 golf balls with confidence. Pro V1 is and will remain available to all Titleist golf ball players on the worldwide professional tours and can be played both before and after January 1, 2009. If the injunction is not put on hold, Tour events in the United States will be supplied with converted current product or 2009 product.

Will New 2009 Pro V1 and golf balls perform differently or be marked differently?
As Titleist has always done throughout its 75 year history, we introduce new and improved golf balls when we have a better performing product. We introduced new Pro V1 products in 2003, 2005, 2007 and will introduce new products in 2009. The New 2009 Pro V1 models will perform differently from and better than the current Pro V1 models. Titleist has tested prototypes extensively with Tour players this fall and player feedback has been extremely favorable. Players on the worldwide professional tours can put the New 2009 Pro V1 models into competitive play when the Tours resume their schedules in January 2009. The New 2009 models will feature different sidestamps and packaging and appear as different listings on the USGA Conforming Ball List.

When can golfers play New 2009 Pro V1 golf balls?
Titleist will launch New 2009 Pro V1 golf balls in the 1st quarter of 2009. The technology and construction of New 2009 Pro V1 golf balls are outside the scope of the patents. In Q1 2009, golfers can learn about the exciting new product improvements via their local golf shop, on Titleist.com and in other Titleist advertising and communications.

Does Callaway use the technology in these patents in its golf balls?
No.

Does the court ruling apply outside the United States?
No. The court ruling does not apply outside the United States.

What is this litigation about?

Pro V1
Titleist introduced the Pro V1 golf ball, based on its own technological advancements and research, in 2000. Pro V1 golf balls incorporate the combination of many Titleist technologies developed and accumulated over the past 20 years. Acushnet Company is the golf ball industry technology leader, with over 650 active golf ball patents – more than any other manufacturer. Over 65 of these patents cover the Pro V1 family.

The patents
Spalding received 4 patents in 2001 and 2003, well after the Pro V1 was developed and introduced. Callaway acquired these patents when they purchased Spalding in 2003. We believe these patents are invalid and should never have been issued in the first place. The U.S. Patent and Trademark Office agrees with Acushnet. It has reexamined the patents and issued final actions that all 4 of these patents are invalid and should never have been issued.

The trial
Callaway filed suit in 2006, claiming that our Pro V1 golf balls infringe these 4 patents. In 2007, a jury found partially in favor of Callaway and partially in favor of Acushnet.

The appeal
We disagree with the trial court’s ruling, especially as the court did not permit the jury to consider very important evidence, including the fact that the U.S. Patent and Trademark Office has issued actions that all four patents are invalid. We believe that this resulted in the trial court coming to the wrong conclusion. We will appeal this case to the Federal Circuit Court of Appeals, who will consider this important evidence.

The injunction
Callaway asked the lower court for an order stopping Acushnet from selling golf balls covered by the patents. We believe that this was inappropriate for several reasons, including the jury’s “split decision”, the U.S. Patent and Trademark Office’s actions that all 4 patents are invalid, Callaway’s years’ long delay in bringing suit, and the fact that Callaway does not use these patents. The lower court ruled that Acushnet may not sell Pro V1 golf balls covered by the patents after January 1, 2009.

Litigation next steps
Acushnet will ask the Federal Circuit Court of Appeals to put the injunction on hold while the appeal is decided. We believe we have a very strong basis for that request, including the fact that the appeals court will consider the patent office decisions rejecting the four patents. If our request is granted, the injunction will not come into effect.

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New Titleist DT Balls

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New Titleist DT Balls


Titleist says it went to lots of trouble to test its new DT Carry and DT Roll golf balls with “average golfers”.

The company claims the new balls are the most targeted and “average player validated” Titleist DT products in the microbrand’s 30 plus year history. 

It must have been an exhaustive search by Titleist just to find enough “average players” to test the balls on. Where I play regularly nearly everyone is a champion (apart from a couple of hackers nobody likes to mention). In a recent media release the company unfortunately didn’t supply any photos of the “average players” so we could determine how right they got it. I know exactly what “average players” look like.

Nevertheless, Titleist says the new range enhances the performance for DT loyalists, average and recreational golfers, as well as competitive golf ball users, by providing two distinct approaches to distance - longer distance through greater carry and longer distance through greater roll - based on the average golfer’s varied and diverse launch characteristics.

“The positioning of the New DT Carry and DT Roll was derived from some of our most extensive product validation, target golfer feedback and consumer insights to date,” said George Sine, Vice President, Golf Ball Marketing and Strategic Planning.  “A common thread throughout the research was that average and recreational golfers wanted the products to speak to their needs, with distance optimisation serving as the most apparent, while still providing exceptional feel for greenside control and accuracy.”

Wow to that.

ASG likes the existing Titleist So Lo balls, and even more the much more expensive Titleist Pro VI balls when we happen to find a good one and we live in hope that one day a nice company like Titleist will give us some. We’d be sure to mention it.

We’re so fond of Titleist golf balls we’ll publish most of the details of their recent press release below. This is one more decision for “average golfers” to make: more roll or more carry?

 DT Carry

DT Carry:  Longer Distance Through Greater Carry
The New DT Carry golf ball combines new, large and soft core technology with a new, high lift 252 dimple design, delivering greater carry distance through a higher ball flight for golfers with low launch.
- Large 1.595″ low density, soft polybutadiene core for longer distance.
- Large dimple, 252 icosahedron design aerodynamics in four different sizes for higher ball flight and greater carry.
- Soft, Surlyn cover for increased spin and greenside control.
- New, staggered wave parting line.
- New, A.I.M. (Alignment Integrated Marking) sidestamp.

 - Cut-proof guarantee.

 

 

DT Roll

DT Roll:  Longer Distance Through Greater Roll
The New DT Roll golf ball combines new, soft and resilient core technology with a lower trajectory 392 dimple design, delivering longer distance via penetrating ball flight and greater roll.
- High velocity, 1.565″ polybutadiene core for longer distance.
- Low trajectory, 392 icosahedron dimple design aerodynamics in five different sizes for lower ball flight and increased roll.
- New, staggered wave parting line.
- New, A.I.M. sidestamp.
- Soft, Surlyn cover with cut-proof guarantee.

 

 

 

History of the DT Golf Ball:  The equity of and established loyalty to the Titleist DT microbrand is unprecedented in the golf ball category and is rivalled only by its flagship Pro V1 and aspirational NXT microbrands. 

Since its inception in 1974 as the longest wound Surlyn golf ball which was supported by “just like the Pro’s favourite ball only tougher” positioning, the Titleist DT has stood for quality and consistency for over 30 years.  Throughout its existence, the DT acronym has evolved from the Durable Titleist to the Distance Titleist, all the while remaining constant in delivering long distance, optimum performance and cut-proof durability for its designated target audience.  More than three decades later and with over 1 billion DT golf balls sold worldwide, Titleist launches the next generation of the “red box” legacy in the tandem form of New DT Carry and New DT Roll.

“Respecting the needs and opportunities for average golfers, we involved the target audience throughout the New DT Carry and DT Roll development process from the initial concept stage through the product validation stage,” added Sine.  “Presently, no golf ball brand has afforded attention to - nor committed the necessary research and consumer input - to determine what is best for the games of the moderate to slow swing speed golfer.”

Titleist consulted over 3,000 Titleist DT loyalists and/or average and recreational golfers before finalising what ultimately became DT Carry and DT Roll golf balls.   

“The New DT Carry and DT Roll are golf balls created by the average for the average golfer,” said Sine.  “From product to naming and packaging to advertising, the average golfer will relate to and appreciate the New DT Carry and DT Roll products as they reflect their input, recommendations and cited requirements as to how we could add more distance and performance to their games.”
 
Research and Concept Validation:  Three major player tests were conducted toward determining the direction for the next generation DT golf ball models.  An overwhelming majority of these golfers, those who typically hit their drives in the 200-yard range, said they could, in fact, discern a distinct difference between the two options.  However, there was a clear split as to the best way they could achieve the distance and performance utopia they were seeking, with half citing a preference for the higher ball flight of the DT Carry and half for the lower ball flight of the DT Roll.

“The DT Carry and DT Roll two-model strategy addresses a sizeable opportunity for average golfers to optimise their distance and playability,” added Sine.  “Most importantly and impressively, consumers embraced the benefits and value of having two distinct product options available.  The ultimate credibility of our strategy was realised when several consumers cited that they genuinely felt that Titleist was the first brand to make such a dedicated effort on their behalf.”

Features and Benefits:  Many golfers within the moderate to lower swing speed segment desire and require a shot shape, trajectory or visible point of difference toward achieving maximum distance.  The objective for the Titleist DT Carry is to provide a higher flying DT product option suited for those that prefer or require more carry to achieve more distance.  The objective for DT Roll is to provide a DT product option with a lower trajectory and more piercing ball flight suited for moderate to lower swing speed golfers that prefer or require more roll to achieve added distance.  An additional benefit of the distinct performance attributes of the carry biased or roll biased offerings is the flexibility for golfers who encounter different course conditions during their travels to various golf courses.

Bill Morgan, Senior Vice President, Golf Ball Research and Development, Acushnet Company, explained the technology behind the new products: “The cores of the DT Carry and DT Roll are vastly different and contribute to the distinctly different flight characteristics of each.  The low density core of the DT Carry lowers the effect of gravity, and in combination with a softer Surlyn cover, contributes to the increased lift.  Conversely, the high velocity core of the DT Roll lowers the launch and contributes to its penetrating ball flight and increased roll.”

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