SAN FRANCISCO -- The fan who wound up with Barry Bonds' 73rd home run ball said he didn't take the ball from another fan who temporarily caught it.

Patrick Hayashi, ended up with the ball Oct. 7, and is being sued by Alex Popov, who caught the ball but lost it when fans piled on top of him.

Hayashi, speaking Sunday on the subject for the first time, said that as the fans around him who jumped up to catch the ball began to fall, he saw the ball lying on the floor of Pacific Bell Park, not in anyone's possession. He said he grabbed the ball, stood up, then was taken by security to a room where the ball was authenticated.

Popov claims he rightfully caught the ball and that it's his. He sued on Oct. 24.

Hayashi said he's shocked by the suit.

"It's difficult to accept that someone wants to sue someone else for this situation," Hayashi said. "It's difficult for myself and baseball fans to see this happen. It's very negative."

But Popov's lawyer, Marty Triano, has called San Francisco Superior Court Judge David Garcia's order not to sell the ball and the scheduling of a hearing for Nov. 13 a victory for baseball fans.

Hayashi's lawyer Don Tamaki disputed allegations that Hayashi and others assaulted Popov to get the ball.

"Nobody's holding anybody up, nobody's swinging, no fistfights are breaking out," he said. "It's not the assault and battery that's alleged in the complaint."

Hayashi said he hasn't had time to think about what he wants to do with the ball and hasn't made any decisions about it.

The estimated value of the ball is between $1 million and $2 million. Mark McGwire's 70th home run sold for $3 million just three years ago to Todd McFarlane, the creator of the comic book and animated HBO series "Spawn."