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TITLEIST PRO V1 / CALLAWAY TOUR i/TOUR ix LITIGATION FACT SHEET

FREQUENTLY ASKED QUESTIONS

These actions do not impact our customers’ and golfers’ ability to purchase and play new Pro V1 golf balls.

A new Acushnet Company / Callaway Golf litigation has arisen, regarding nine Acushnet patents which we believe are infringed by Callaway Tour i and Tour ix golf balls and Callaway’s allegations regarding Titleist 2009 Pro V1 and Pro V1x golf balls and certain Callaway patents. We believe that these are private matters and will continue to do all we can to minimize any marketplace impact. However, we think that you should be kept informed of these issues, and below are some Frequently Asked Questions and Acushnet Company’s responses.

What is this litigation about?
Callaway Tour i and Tour ix
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. We believe that nine of these patents also cover these Callaway “Tour” products. Acushnet notified Callaway of its concerns and repeatedly sought to privately resolve this matter. When those discussions failed, we had no alternative but to file this lawsuit to protect our intellectual property.

Pro V1
Pro V1 golf balls have always been developed using Acushnet’s technological advancements and 2009 Pro V1 golf balls are no exception. Acushnet designed 2009 Pro V1 golf balls to be outside the claims of all Callaway patents. Callaway has alleged that 2009 Pro V1 golf balls infringe patents that have not been previously asserted.

Pro V1 golf balls do not infringe the newly asserted patents. In addition, we believe that these and other Callaway patents should never have been issued. To remove any doubt, we have asked the court to declare that Pro V1 golf balls do not infringe these patents and that these patents are invalid. We have also asked the Patent and Trademark Office to reexamine these Callaway patents and declare that they are invalid.

Is this more of the litigation regarding 2007 Pro V1 golf balls?
No. That litigation involves different patents and Pro V1 products that we no longer sell. It is ongoing and pending review by the U.S. Court of Appeals for the Federal Circuit, which will likely render a decision late in 2009. Click here for more information.

Can I order and sell 2009 Pro V1 golf balls?
Yes. These actions do not impact our customers’ and golfers’ ability to purchase and play new 2009 Pro V1 golf balls.

When will these issues be decided?
A full trial on these issues will not likely take place for some time. We will protect our intellectual property rights and see this through to an appropriate conclusion. In the meantime, we will continue to do all we can to minimize any impact on our customers and golfers.

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