Wave Loch gains validation in long running Patent suit

Artificial surfing wave manufacturer Wave Loch has announced that the United States Patent and Trademark Office (USPTO) has upheld its patent infringement claim against rival manufacturer American Wave Machines, Inc. (AWM).

In a statement, Wave Loch announced "the USPTO has confirmed the patentability of the claims in U.S. Patent No. 5,564,859, which Wave Loch Inc. asserted in its patent infringement claim against American Wave Machines, Inc."

Wave Loch Chief Operating Officer Marshall Myrman stated "this (is) a great victory for Wave Loch as it confirms that Wave Loch's patent rights are valid and disavows American Wave Machines' claim of fair use."

AWM is a Solana Beach company whose Chief Execuitve Bruce McFarland worked for eight years at Wave Loch as a contract engineer.

In 2008, Wave Loch sued AWM claiming infringement of three patents. Two of the patents have since expired, but the Patent No. 5,564,859 remains in force and, Wave Loch successfully claimed, had been infringed by AWM.

AWM aggressively sought to delay the lawsuit and attack the patents by using the Patent Office's reexamination process, instigating three reexaminations of the patent.

Wave Loch inventor and Chief Executive Tom Lochtefeld explained "this litigation has been dragging through reexamination for years.

"It is time for people to realise that they must be truly innovative, and not just copy someone's intellectual property."

On 17th February 2012, the USPTO issued a Notice of Intent to Issue an Ex Parte Reexamination Certificate confirming the patentability of all Patent No. 5,564,859 claims that Wave Loch asserted against AWM.

Lochtefeld added "I couldn't be more pleased with the outcome. This is a complete, unequivocal victory and vindication for Wave Loch.

"At this point, Wave Loch has little left to prove. The Patent Office's final confirmation of all of the asserted claims verifies what we have known all along, Wave Loch's technology is truly the benchmark for artificial wave technology. Hopefully this will send a message to others out there that try to take liberties with our intellectual property."

San Diego, California-based Wave Loch's best known product is the FlowRider (pictured).

FlowRider wave machines are installed at the Kalgoorlie Oasis, Western Australia; WhiteWater World and Wet'n'Wild Water World on the Gold Coast and at the Melbourne Sports and Aquatic Centre.

For more information go to www.waveloch.com/news/wave-loch-validated-uspto-awm-patent-suit

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