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Sports firm throws promotion curve ball
Washington State’s Baden Sports has launched lawsuits against USA Basketball and the sport’s global governor, Federation International de Basketball (FIBA), over the alleged promotion of infringing products. Baden argues that the US basketball authority and its international counterpart have been promoting the use of basketballs made by Japanese firm, Molten. Baden claims that Molten’s ball design follows its own ‘dual-cushion’ technology, in which padded seams provide a better grip for players.
Baden filed against USA Basketball and FIBA in late August. In a statement, the firm said: ‘FIBA and USA Basketball have continued to promote infringing Molten basketball products with knowledge that such promotion violates Baden's rights.’
The text of the disputed patent – US 5,636,835 – says: ‘A ball constructed in accordance with the invention has a number of advantages. First, it can be used to construct a high-quality game ball having a soft feel. It is believed that this provides improvements in ball grip and handling characteristics.
‘Second, it is believed that the invention also enables the construction of a high-quality ball having a truer bounce. This is because a ball constructed in accordance with the invention will have the same bounce as a conventional ball but with less inflation pressure.’
In an earlier patent-infringement case, decided on 16 August, a Seattle court found for Baden and awarded it $8 million damages against Molten, along with almost $40,000 in lost royalties. Baden is seeking similar compensation from USA Basketball and FIBA.
FIBA and USA Basketball have yet to comment on Baden's claims.
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