SAN DIEGO--(BUSINESS WIRE)--In a significant victory for Pacific Surf Designs (“PSD”) and small companies everywhere, a jury unanimously found in favor of PSD on all 14 of the 14 claims asserted against the company. In 2015, Whitewater West Industries (“Whitewater”), based in Canada, sued Pacific Surf Designs for patent infringement over patent 6,491,589. PSD argued at trial that the evidence showed that Whitewater specifically targeted PSD to put it out of business through litigation and other anti-competitive practices as PSD does not infringe upon the ‘589 patent in any way. Had Whitewater prevailed on the case, PSD would have been placed in serious financial difficulties.
The verdict was unanimous in PSD’s favor that (i) PSD did not infringe upon the asserted claims of the ‘589 patent in any way, (ii) the asserted claims of the ‘589 were invalid because of anticipation; and (iii) the asserted claims of the ‘589 were invalid because of obviousness. In addition, in a stunning finding, the jury ruled that Whitewater, with clear and convincing evidence, submitted material misrepresentations to the United States Patent and Trademark Office when reviving the ‘589 patent just prior to initiating the litigation in 2015.
With this complete and multifaceted victory, the jury sent a clear message that such behavior will not be tolerated. PSD CEO, Yong Yeh, was extremely pleased with the verdict: “We have been fighting back for years against the biggest bully in our industry and now feel vindicated by this unanimous verdict in our favor. We are finally looking forward to competing with Whitewater on an even playing field and hope that they stop with this type of anti-competitive and monopolistic behavior towards other small companies in our industry.”
In addressing the decision, Mr. Alleshouse stated, “After years of enduring false accusations and financial hardships from the ill-intended actions of Whitewater, hearing the verdict being read 100% in our favor was incredibly moving. With this behind us, we can now shift our focus completely back to building the best waves in the world and look forward to the new designs we have under construction for the Spring.”
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.