Whitewater West Industries, Ltd v. American Wave Machines, Inc.
Declaratory judgement filed 20 May 2022 in the United States District Court for the Southern District of California and closed 29 Nov 2023, with 4 patents asserted. Recorded basis of termination: voluntary dismissal.
Case record
- Patents involved
- US8434966B1US9279263B2US10662663B2US10738492B1
- Case no.
- 3:22-cv-00729
- Verdict cause
- Declaratory judgement
- Court
- S.D. Cal.
- Court level
- District Court
- Case region
- California
- Chief judge
- None recorded
- Trial level
- First instance
- Filed – Closed
- 20 May 2022 – 29 Nov 2023
- Duration
- 558 days
- Basis of termination
- Voluntary dismissal
- Products & marks
- Endless Surf™
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Sequenced chamber wave generator apparatus and method
A wave generating apparatus and method is provided in which a controller actuates a plurality of wave generating chambers in sequence using a delay between actuation of each chamber to produce a rideable wave in a pool. The actuation delay period may be a predetermined proportion of the chamber period. The amount of delay in the sequence can determine the direction that the peak of the wave travels and the amplitude of the peak. Through the sequencing, the peak of the wave produced can travel in a direction not substantially perpendicular to the wave generating chambers.
- Legal status
- Active
- Granted
- 7 May 2013
- Est. expiry
- 3 Mar 2032
- Validity challenges
- 1 on recordIPR2022-01033 · Patentability · filed by WhiteWater West Industries, Ltd.
- Licences recorded
- None recorded
- Inventors
- MCFARLAND, BRUCE
- Classification
- E04H4/00
- Examiner
- PINNOCK, TARA M.
Sequenced chamber wave generator apparatus and method
A wave generating apparatus and method is provided in which a controller actuates a plurality of wave generating chambers in sequence using a delay between actuation of each chamber to produce a rideable wave in a pool. The actuation delay period may be a predetermined proportion of the chamber period. The sequence creates a surging motion in the pool that changes the characteristics of the waves to create a considerably hollow barreling wave. The flow of water created by a sequence may resemble a diamond pattern and additional patterns may resemble diamonds linked at the vertices. This pattern effectively reduces the depth of the water between successive waves, which causes them to pitch away from the chambers and create a considerably hollow barrel.
- Legal status
- Active
- Granted
- 8 Mar 2016
- Est. expiry
- 3 Mar 2032
- Validity challenges
- 1 on recordIPR2022-01034 · Patentability · filed by WhiteWater West Industries, Ltd.
- Licences recorded
- None recorded
- Inventors
- MCFARLAND, BRUCE
- Classification
- A47K3/10E04H4/00
- Examiner
- LE, HUYEN
Also asserted in this case
2 moreThe docket lists 4 asserted patents. Full bibliographic detail, drawings and prosecution history for the remaining 2 asserted patents are one query away in Eureka.
Parties of record
Whitewater West Industries, Ltd
- Core tech
- Not recorded
- Counsel
- Joanne N. Davies · Joseph R.R. Tache · Roger Leonard Scott
- Firm
- Buchalter, A Professional Corporation
American Wave Machines, Inc.
- Core tech
- E04H4/00A47K3/10
- Counsel
- Aileen M. Hunter · Norman Michael Aspis · Robert Tyler Goodwyn IV · Scott W. Cummings
- Firm
- Bryan Cave Leighton Paisner LLP, Dentons US LLP
Counsel of record
| Attorney | For | Role |
|---|---|---|
| Joanne N. Davies | Whitewater West Industries, Ltd | Plaintiff |
| Joseph R.R. Tache | Whitewater West Industries, Ltd | Plaintiff |
| Roger Leonard Scott | Whitewater West Industries, Ltd | Plaintiff |
| Aileen M. Hunter | American Wave Machines, Inc. | Defendant |
| Norman Michael Aspis | American Wave Machines, Inc. | Defendant |
| Robert Tyler Goodwyn IV | American Wave Machines, Inc. | Defendant |
| Scott W. Cummings | American Wave Machines, Inc. | Defendant |
Basis of termination
From the record · verbatim“Pursuant to Federal Rule of Civil Procedure Rule 41(a)(1)A)(i), Plaintiff WhiteWater West Industries, Ltd. (“WhiteWater”), hereby dismisses the abovecaptioned action. Dismissal of this action is proper without a court order by filing of a notice of dismissal because this notice is filed before the opposing party has served either an answer or a motion for summary judgment. Fed. R. Civ. Proc. 41(a)(1)(A)(i). Pursuant to Rule 41(a)(1)(B), the dismissal shall be without prejudice.”
Case 3:22-cv-00729 · S.D. Cal. · closed 29 November 2023
Related cases
Three questions this record usually leads to. Each one runs against the full litigation and patent corpus, and cites what it finds.
Frequently asked questions
What is case 3:22-cv-00729?
3:22-cv-00729 is a patent declaratory judgement brought by Whitewater West Industries, Ltd against American Wave Machines, Inc., filed on 20 May 2022 in the United States District Court for the Southern District of California. The case closed on 29 November 2023.
Which patents were asserted in 3:22-cv-00729?
US8434966B1 (“Sequenced chamber wave generator apparatus and method”), assigned to AMERICAN WAVE MACHINES, INC., currently active; US9279263B2 (“Sequenced chamber wave generator apparatus and method”), assigned to AMERICAN WAVE MACHINES, INC., currently active; US10662663B2 (“Wave generator with wave damping”), assigned to AMERICAN WAVES MACHINES, INC.; US10738492B1 (“Aquatic sports amusement apparatus”), assigned to AMERICAN WAVE MACHINES, INC.. The record also lists Endless Surf™.
How was case 3:22-cv-00729 terminated?
The recorded basis of termination is voluntary dismissal. The termination text reads: “Pursuant to Federal Rule of Civil Procedure Rule 41(a)(1)A)(i), Plaintiff WhiteWater West Industries, Ltd. (“WhiteWater”), hereby dismisses the abovecaptioned action. Dismissal of this action is proper without a court order by filing of a notice of dismissal because this notice is filed before the opposing party has served either an answer or a motion for summary judgment. Fed. R. Civ. Proc. 41(a)(1)(A)(i). Pursuant to Rule 41(a)(1)(B), the dismissal shall be without prejudice.”
What does dismissal without prejudice mean?
A dismissal without prejudice ends this action but leaves the claims alive — the plaintiff may file them again later, subject to the limitation period.
How long did case 3:22-cv-00729 take?
558 calendar days, from filing on 20 May 2022 to closure on 29 November 2023.
Who were the attorneys and the judge in 3:22-cv-00729?
Joanne N. Davies, Joseph R.R. Tache and Roger Leonard Scott are recorded as counsel for plaintiff Whitewater West Industries. Aileen M. Hunter, Norman Michael Aspis, Robert Tyler Goodwyn IV and Scott W. Cummings appear for defendant American Wave Machines.
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