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.