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Pro V1 lawsuit saga continues

     Christmas may be a time for peace on earth, good will toward men, but not when it comes to golf ball patent infringement lawsuits.

     The ongoing Callaway-Acushnet lawsuit over the patents involving the Pro V1 took another anti-Titleist turn Tuesday when the U.S. Court of Appeals for the Federal Circuit denied the industry leader's request for a stay of a lower court's decision to grant a permanent injunction stopping the sales of models of the Pro V1 that infringe patents owned by Callaway Golf by December 31.

     A November decision in U.S. District Court in Delaware granted Callaway an injunction against Pro V1 sales, denying Titleist parent company Acushnet's request to overturn a jury's December 2007 verdict which found that Callaway Golf's golf ball patents were valid and infringed by Acushnet's Titleist Pro V1 family of golf balls. The case originally began in February 2006.

      The two companies continue to disagree about what the latest ruling means. Callaway maintains in a press release that it's time for Acushnet to give up, as in immediately. In a company statement, Steve McCracken, Senior Executive Vice President, Chief Administrative Officer, Callaway Golf, said, "Callaway Golf believes it is time for Acushnet to accept its losses in court and get on with the task of helping retailers clean up their inventories over the next week."

      Titleist says not so fast, believing the courts will eventually reverse the original decision and cites a U.S. Patent Office action that determined the patents in question invalid, pretty much the opposite determination by the courts up to this point. An Acushnet Company press release indicated that the appeals process would continue and that the Appeals Court would "next review these complex issues in far greater detail and will likely render a decision sometime late in 2009."

       In a company statement, Joe Nauman, executive vice president, corporate and legal of Acushnet, said, "This decision will not interfere with Titleist's ability to continue to manufacture, distribute and sell Pro V1 golf balls. While the stay was not granted, we understand that it was a request for extraordinary relief based upon a limited review."

       Titleist had announced previously that it changed the formulation of the Pro V1 to make it free from the patents in question in September, and it believes "there will be limited amounts of non-converted Pro V1 golf balls in retail inventory."

       While the degree to which retailers may be caught in the middle of this question is uncertain, even less clear is what might happen to tour players who might choose to play the Pro V1, especially models that were not changed or models that are older than the 2007 version. Complicating the dispute further is the fact that the next iteration of Titleist’s top tour ball is expected to be introduced in early 2009. Technically, those non-converted Pro V1 balls remain on the USGA conforming list.

      Titleist spokesman Joe Gomes said, "Tour players (in U.S. events) will be able to play modified/converted Pro V1/Pro V1x product as well as the new 2009 Pro V1 and Pro V1x."

     "We do not expect that there will be any issues involving professionals being provided or playing infringing balls after January 1," said Callaway spokeswoman Michele Szynal. "After all, this is a game of integrity where players call penalties on themselves."

Finchem In Touch With Detroit

THOUSAND OAKS, Calif. -- PGA Tour commissioner Tim Finchem has been following the auto industry travails with great interest. Six Tour events are sponsored by automobile companies -- three American and three foreign -- so the proposed bailout of Ford, General Motors and Chrysler could have significant impact on the future schedule.

"It's hard to shed any more light than you probably see in the news coverage," Finchem said during a chat with the media during the Chevron World Challenge at Sherwood Country Club outside Los Angeles. "There's no answer yet as to what the future of their business capability is, which could obviously have an impact on their sponsorship and contracts with the PGA Tour. So we just honestly don't know and, candidly, I don't think they know."

Finchem didn't know the specific contract details, but did say the three events sponsored by the American car manufacturers (Buick Invitational, Buick Classic and the Bob Hope Chrysler Classic) had secure contracts for the next few seasons -- two through 2010 and one through 2012.

"I have spoken with them, but I'm pretty much just like you," Finchem added. "I'm following the news from Washington and, well, we'll just have to see."

-- John Marvel

Longtime claret jug engraver Harvey dies

Golf fans might not immediately recognize Alex Harvey's name, but chances are they know his face ... or more appropriately his hands. For years, the Scotsman was caught by television cameras at the conclusion of the British Open, if only for a few seconds, huddled away near the 18th green, engraving the name of the "champion golfer of the year" on the claret jug as the championship's winner was decided. A fixture of the lone major championship held outside the U.S., Harvey died Dec. 18 at age 83 in his home in Perth, Scotland.

"It is always a time of great pressure between the end of the championship and the presentation, and Alex always kept his head when there was so much to do, even when I was losing mine," noted R&A chief executive Peter Dawson.

Prior to Harvey's employment by the R&A, winners of the claret jug were responsible for having their names engraved on the trophy. When 1967 champion Roberto de Vicenzo forgot to have it done, the R&A took the assignment in house. In 1973, the R&A brought Harvey, a one-time 8 handicapper, on site to engrave the champion's name at the immediate conclusion of the championship.

"Probably the most difficult name I ever had to tackle was Mark Calcavecchia at Troon [in 1989]," Harvey told reporters after he retired in 2005, passing the job down to his son Garry. "I made sure I checked that out a few times."

Fittingly when Harvey retired, the R&A gave him a replica of the claret jug as a gift.

--Ryan Herrington

Finchem to play in AT&T at Pebble

THOUSAND OAKS, Calif. -- Hunter Mahan decided to say yes when asked to partner up with an amateur at the 2009 AT&T Pebble Beach National Pro-Am.

Good career move, Hunter.

Mahan is scheduled to play with PGA Tour commissioner Tim Finchem in the event, which is played on Pebble Beach, Spyglass Hill and Poppy Hills. The Tour wouldn't confirm Finchem's participation, but sources said he has for the past few years been thinking about playing in the either the AT&T or the Bob Hope. It will be Finchem's first time playing in a PGA Tour event.

"I plan on being a part of this tour for a long time," Mahan said on Thursday after his opening round at the Chevron World Challenge outside Los Angeles. "So I thought it would be a good idea to get to know the commissioner."

UPDATE (Saturday, December 20, 2008): Finchem confirmed he is playing in the AT&T, but with Davis Love III instead of Mahan.

"The chairman and CEO of AT&T asked me to play, and I do believe I said, 'Yes, sir,' " Finchem said.

-- John Marvel

Woods Addresses Knee, Caddie at Sherwood

THOUSAND OAKS, Calif. -- Looking lean and fit, Tiger Woods talked about his knee, his game and his caddie, Steve Williams, during a news conference Wednesday at Sherwood Country Club, where he is hosting the Chevron World Challenge. Woods, who'll turn 33 on Dec. 30, is still recuperating from knee surgery and will not defend his title this week.

"I've just been training and trying to get back," said Woods.

Woods has been chipping and putting for about a month, and recently began hitting full shots with his short irons. But, he is following doctors' orders and won't start playing until early next year. His sense of humor is in mid-season form.

"Obviously, I haven't progressed very far in the bag," he said. "The ball's not going very far, so I know how you guys feel."

Woods has no timetable for his return to the PGA Tour but would like to play in a couple tournaments before the Masters in April.

"That's the frustrating thing, the uncertainty," said Woods. "All of this is an unknown. I want to look forward to something. I just have to take it day to day."

For Woods, the good news is that his left knee feels stronger and more stable than it has for a decade.

"I did a lot of things to compensate for that leg," he said. "The fact that I made it this far is amazing."

Woods said he has spoken to caddie Steve Williams about critical comments he made last week about Phil Mickelson.

"What ended up happening is I communicated with Phil, and we have discussed it," said Woods. "I talked to Stevie about it, and he feels bad, what happened. It's something that none of us really wanted to have happen, but it's over and done with and we put it to bed."

Woods said Williams will continue to caddie for him in 2009.

--Mark Soltau

Giuliani's Ex-Coach Leaves Duke

The New York Post reports O.D. Vincent, the golf coach at Duke University who kicked Andrew Giuliani off the team, has resigned to take a postion at his alma mater at the University of Washington.

Vincent, who has been named the senior associate director of athletics at the UW, accused Giuliani of various rules infractions including throwing an apple at the head of a teammate. Giuliani denied the allegations and subsequently filed a breach of contract lawsuit seeking to be reinstated to the team.

In his December 2008 column, Golf Digest's Dave Kindred takes a look at Andrew Giuliani, what happened at Duke and wonders if son of the former mayor of New York, Rudy Giuliani, is an unruly brat or good kid who just wanted to play golf at Duke.

--Golf Digest Digital

Does Boo Know The Way to Qatar?

NAPLES, Fl. -- Is Qatar ready for Boo Weekley, or is Boo Weekley ready for Qatar?

Those questions will be answered the third week of January, when golf's real-life pop culture icon boards a plane after the first two PGA Tour events of the 2009 season and heads to the Middle East for one of the European Tour's marquee events, the Qatar Masters.

Weekley's Q rating grew nationally with his starring role in the Ryder Cup. He appeared on The Tonight Show with Jay Leno, waved the green flag to open a NASCAR race at Talledega and hung with Dale Earnhardt Jr. during a charity golf event in Charlotte. Overseas, he is now attractive enough to garner appearance fees.

Weekley has also taken out an affiliate membership on the European Tour with hopes of qualifying for the Race to Dubai. He plans on playing at Loch Lomond in the Barclays Scottish Open during the week before the Open Championship. And while he turned down an opportunity earlier in the fall to play in Hong Kong, he is considering other European Tour events.

"All I know is when I get on that airplane I want a raft under me so if it does decide to go in some water, I want to be able to have a fighting chance to get home," Weekley said during a news conference before the Merrill Lynch Shootout, where he's paired with Ryder Cup partner J.B. Holmes. "I mean to tell you the truth, I didn't know I was going to go over there to play golf."

Weekley may be playing dumb about the golf, but he really did believe it when agent Jimmy Johnston of Crown Sports told him that his wife, Karyn, would have to wear a veil, as is custom, when they visit Qatar.

After his desert experience, Weekley will fly back to Florida for the PGA Merchandise Show in Orlando, where his signature camo line will be debuted by Firethorn. He didn't design it, but he signed off on it. "I think I'm going to fly home, take a week off, come down to the PGA Show and hang out, see what's belly-up down there," Weekley said. "I heard a bunch of stories. I have to check it out and make sure they ain't lying."

As for his "Happy Gilmore," routine at Valhalla, Weekley admitted it was premeditated, something he thought up the night before his singles match with Oliver Wilson. Adam Sandler, star of the movie, saw it and sent Weekley a bottle of champagne.

-- Tim Rosaforte

USGA Researches More Change

Apparently rolling back grooves may not be enough for the U.S. Golf
Association.

According to a USGA Notice to Manufacturers from senior technical director
Dick Rugge, dated December 10, golf's ruling bodies will be conducting
research on the role of high-lofted wedges. The Notice adopts a similar
approach seen previously with the official memoranda regarding spin
generation and club adjustability, both of which after some time and some
back-and-forth became part of the rules. Spin generation most notably
resulted in the grooves studies, a rule proposal and the adoption of a
rollback in total groove volume and groove edge radius.

In part, the Notice reads, "We would like to make you aware that the USGA
and the R&A are currently conducting research on high-lofted wedges. This
research is being conducted to determine if high-lofted wedges (for example,
60 degrees of loft and higher) can reduce the challenge of the game for
shots near the green.

It is important to note that this is strictly a research area of interest at
the present time. No proposal is being made today. If our research results
in a rule change proposal, it will be communicated through the USGA's Notice
and Comment process."

"This isn't a precursor to a rule, and there is no specific timetable for
our research," Rugge told Golf Digest. "This isn't a case where we say we're conducting
research and then the next two shoes drop and right away there's a rule. I
point to the ongoing ball research project as an example."

The USGA announced a research project in March 2005 to study balls that flew
15 and 25 yards shorter. To date, that research has not led to a rules
proposal.

How prevalent are higher-lofted wedges? At a recent full field PGA Tour
event the highest lofted wedge for more than 78 percent of the players was
60 or more degrees. Only three players didn't have a wedge with a loft above
56 degrees.

"I want to emphasize that this announcement shouldn't be looked at as an
automatic precursor to a rule change," Rugge said. "We're interested in
manufacturers' opinions about this idea. We want an open discussion about
these issues."

Several manufacturers contacted had no comment.

--Mike Stachura & E. Michael Johnson

Azinger won't return as Ryder Cup captain

The PGA of America is about to name the United States Ryder Cup captain for the next event in 2010, and it will follow the pattern of new names.

"All I can say is that it's not going to be me," Paul Azinger said Monday. "You'll find out who it is on Thursday."

Azinger would not elaborate on whether he was contacted about retaining the position after he led the Americans to a rousing victory over Europe in Louisville last September, although he did tell Golf World several weeks ago that he would be interested in being captain again in Wales. Among the most logical candidates to succeed Azinger is Corey Pavin, who was not immediately available for comment. The official announcement will be made by the PGA in New York on Thursday.

-- Bob Verdi

The dreaded Q-school moment

Jay Williamson didn't want to be a poster child for PGA Tour Qualifying School, or be part of a Golf Channel loop showing his frustration with the Choke Fest taking place at PGA West in LaQuinta, Calif. A potential YouTube moment is not the type of attention a PGA Tour refugee seeks during exam time.

But the former Trinity (Conn.) College hockey and baseball player, who matched Hunter Mahan shot-for-shot in the 2008 Travelers Championship and lost a playoff in this year's John Deere Classic, had one of those classic meltdowns that are excused during this week when careers are on the line.

In good shape through at 19 under through 87 holes, Williamson went through a stretch that mirrored his last six tournaments of the year -- all missed cuts -- during the fifth round. A misstruck shot at the seventh raised his blood pressure when a wedge into the par-4 green came up inches short and dribbled into a water hazard. When his chip shot from just off the green to save par ran past the hole, Williamson lost it.

He kicked his bag. He threw his wedge into the ground, butt end first. Luckily, he only had two holes to play. Williamson began the day in third place at 18 under, then signed for a 73 and got off the course before any major damage was done to his hopes of winning back his card. Tied for ninth after 90 holes, he was reached after a cool-down period and didn't remember throwing the club.

"I just remember kicking my bag," Williamson said. "That's all I remember. I must have blacked out I was so mad, I freaked out. I'm lucky I didn't hurt myself."

No worries, Jay. Tiger Woods goes ballistic all the time. He gets it out of his system and it's over, done. He goes on to play the next shot.

The 41-year-old Williamson has a bunch of them to play today, the final day of Q School. "I am right there," he said. "I just can't seem to get off the bubble. Part of me feels like I've done too much in my career to be in this position, part of me feels like I deserve what I get. I know the difference now. I'm not 30 years old and I've always believed the older you get, the harder it is. That's how it is."

Williamson plays the more forgiving Nicklaus Tournament Course today. He talked about shooting 60 and saying goodbye to everybody. He also talked about the fine line between nearly winning the Hartford and Quad Cities events, then missing those nine straight cuts to finish 137th on the money list. The problem now: instead of distancing himself, he's only three strokes off the bubble.

"That's why this is so difficult," he said. "I got to get myself together and get some sleep and get out there tomorrow. I'm glad that Stadium Course is behind me."

--Tim Rosaforte

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