March 18, 2009
The Cabrera Firm, APC and the Law Offices of Manuel de la Cerra, announced that Federal Judge Michael M. Anello stayed Wave Loch Inc.’s patent infringement claim against American Wave Machines, Inc. (AWM) following the United States Patent Office’s (USPTO) order for reexamination of three patents issued to Wave Loch and Tom Lochtefeld.
AWM is a Solana Beach-based wave machine company that delivers a true standing wave surf experience to the Amusement and Hotel/Resort industries. In 2008, Wave Loch sued AWM claiming infringement of three patents, despite the fact that AWM offers a true standing wave as opposed to Wave Loch’s dated thin sheet water flow.
AWM denied infringement and aggressively sought reexamination of the patents at issue which it believes are invalid. The USPTO agreed and ordered all of Wave Loch’s asserted patents reexamined. Judge Anello then stayed Wave Loch’s infringement claims pending the USPTO’s decision.
“This was a great victory for American Wave Machines as it allows the professionals at the patent office to closely examine the patents with minimal expense to American Wave Machines, ” said Gil Cabrera, counsel for AWM.
Using a small and efficient team, AWM was able to defend this patent infringement action with minimal cost and distraction to the company’s management. From its initiation to stay, the case took approximately nine months.
The USPTO’s reexamination is expected to take up to two years and may lead to the complete invalidation of Wave Loch’s patents.
“The reexamination by the USPTO confirms what we have known all along, Wave Loch’s technology is just a re-hash of what has been known in the art for decades. The true innovation is American Wave Machines ‘standing wave’ technology, a technology that has recently been awarded several patents, ” said Manuel de la Cerra, patent counsel for AWM responsible for the prosecution of the reexamination requests as well as AWM’s broad patent portfolio.
Solana Beach-based, AWM is represented by The Cabrera Firm, in association with the Law Offices of Manuel de la Cerra. Both firms are based in San Diego
Wave Loch, Inc. is based in San Diego and represented by Knobbe, Martens, Olsen & Bear LLP.