U.S. District Court Ruling Dismisses Lawsuit With Prejudice.
American Wave Machines, Inc., innovator of world-class artificial wave technology such as SurfStream® and PerfectSwell®, today announced a major victory in a patent litigation involving American Wave Machines, Wave Loch Inc., and Light Wave, Inc. after a federal court dismissed with prejudice the patent claims asserted by Wave Loch and Light Wave.
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. Â The dismissal follows rulings from the United States Patent and Trademark Office 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.”
“Having been deeply involved in the initial engineering and development of the Flow Rider, 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, ” said Bruce McFarland, Founder and President of American Wave Machines.
“It’s unfortunate that the process took longer than anticipated as Wave Loch attempted to deflect an adverse judgement. 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.” added McFarland.
To learn more about the case, please follow the links:
The full text of the judgement is available at this link. You can also see the USPTO Invalidation Ruling here.
About American Wave Machines
American Wave Machines is a privately held, artificial wave-generating technology company with a primary focus on world-class, out-of-ocean waves. www.americanwavemachines.com.
