Australasian Leisure Management
Sep 20, 2024

WhiteWater secures win in Canadian Intellectual Property Ruling

Aquatic industry supplier WhiteWater has welcomed what it calls a “definitive success” in defending four of its new products in the patent infringement case brought on by ProSlide Technology.

Speaking after the ruling, Onno Meeter, President of WhiteWater's water park business unit, advised “the verdict underscores WhiteWater's leadership in the area of innovation by confirming that AquaSphere, Orbiter and Tailspin are unique WhiteWater products."

In December 2020, ProSlide Technology, Ltd. launched a suit in Canada against WhiteWater, alleging infringement of six patents covering the above water slide products and five industrial designs covering Parallel Pursuit. During the course of the case, allegations concerning the five industrial designs and one patent were dismissed, confirming the validity of WhiteWater's portfolio.

On 30th August 2024, the Honourable Justice Michael Manson, one of Canada's foremost intellectual property judges, ruled that there was no infringement of any of the claims relating to the products.

In addition, Justice Manson also ruled that every patent claim asserted by ProSlide and inventor Rick Hunter was deemed invalid. Additionally, ProSlide was ordered to pay WhiteWater's litigation costs.

In a parallel case concerning eight patents in the United States, allegations concerning five patents were dismissed, one was ruled not to be infringing, and two remain before the court.

Welcoming the finding, WhiteWater Chief Executive Geoff Chutter commented “integrity is priceless, and after years of litigation, this judgment reaffirms that ours is intact. Our focus will continue to put our clients needs first as we develop new products.”

Image: WhiteWater's AquaSphere was one off the products that were subject to a patent infringement case. Credit: WhiteWater.

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