American Wave Machines wins wave technology patent lawsuit

American Wave Machines has won what it calls a “major victory” in a patent litigation involving American Wave Machines, Wave Loch Inc., and Light Wave, Inc. after a US Federal Court dismissed ‘with prejudice’ patent claims asserted by Wave Loch and Light Wave. 

At issue was American Wave Machines’ development of artificial wave technology, including its SurfStream and PerfectSwell brands, with American Wave Machines founder and President Bruce McFarland having been previously been involved in the development of Wave Loch’s FlowRider.

Judge Cynthia Bashant of the Southern District of California granted American Wave Machines' motion to dismiss with prejudice Wave Loch and Light Wave's entire patent infringement case. The dismissal follows rulings from the United States Patent and Trademark Office (USPTO) cancelling all the patent claims asserted by Wave Loch and Light Wave.

In her ruling dismissing Wave Loch, Inc. and Light Wave Inc's motion to amend their complaint, Judge Bashant found "at worst, Plaintiffs are attempting to prolong frivolous litigation to harass (American Wave Machines)," and that, "the amendments appear to be undertaken in bad faith."

Following the judgement, McFarland stated “having been deeply involved in the initial engineering and development of the FlowRider, I knew I could make a demonstrably different and superior stationary wave with our SurfStream® system.

“As the market is becoming more crowded with sheet flow devices, this ruling clearly shows that SurfStream® is a completely different technology that has proven to be safer to ride, more cost-efficient to operate, and with a significantly greater rider capacity and throughput.

“The USPTO's ruling that the claims asserted by Wave Loch and Light Wave were invalid is another vindication of our position.

"It's unfortunate that the process took longer than anticipated as Wave Loch attempted to deflect an adverse judgment.

“Even with the distraction brought by the litigation, we still grew our business and triumphed in the case.

“We continue innovation with PerfectSwell® wave and surf pools that has been recognized by the USPTO in granting several patents covering American Wave Machines' unique technology.”

Click here to view the full text of the judgment.

Click here to view the American Wave Machines' entry in the Australasian Leisure Management Supplier Directory. 

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23rd October 2010 - STRATEGIC ALLIANCE IN WAVE AND WATERPARK TECHNOLOGY