SAN DIEGO–(BUSINESS WIRE)–Pacific Surf Designs, Inc. today announced that on May 17, the U.S.
Court of Appeals for the Federal Circuit summarily affirmed the U.S.
Patent & Trademark Office’s Patent Trials & Appeals Board (PTAB)
decision that all claims of a patent that had been asserted against
Pacific Surf Designs are unpatentable. The Federal Circuit decision
follows prior victories by Pacific Surf Designs against Surf Waves, Ltd.
and Flowrider Surf, Ltd., both affiliates of Whitewater West Industries,
Ltd. The appeal decision confirms that the asserted claims of
Whitewater’s U.S. Patent No. 8,088,016 should never have been granted in
the first place.
Whitewater has been asserting that Pacific Surf Designs infringed the
‘016 patent in a series of lawsuits that have been pending since 2014.
As a result of this victory, Pacific Surf Designs intends to seek
reimbursement of all legal fees it incurred in defending itself against
Whitewater’s frivolous legal claims as this type of anti-competitive
behavior should not be rewarded.
In addressing the decision, Pacific Surf Designs CEO Yong Yeh stated,
“We are pleased that the Federal Circuit not only affirmed our previous
victory but also agreed the issues raised by Whitewater were so clear
cut in our favor that it could render its decision quickly and in just
one sentence – without needing to write a full decision. We hope this
will help put an end to Whitewater’s practice of filing frivolous
lawsuits against its competitors in an attempt to weaken them and
prevent new entrants into the space. Frivolous legal claims like
Whitewater’s assertion of the ‘016 patent are solely geared towards
preventing legitimate competition, and we remain committed to fighting
such claims on our behalf and on behalf of all other companies in the
industry. We do so to ensure that our clients and riders continue to
benefit from Pacific Surf Designs’ superior rides.”
About Pacific Surf Designs
PACIFIC SURF DESIGNS, INC. manufactures the highest quality
custom-designed sheet wave surf simulators serving the waterpark,
leisure, entertainment and retail industries. The company is based in
San Diego, CA.
Contacts
Yong Yeh, CEO, Pacific Surf Designs – 858-699-3639
