SAN DIEGO–(BUSINESS WIRE)–Pacific Surf Designs, Inc. (“PSD”), the premier custom-designed surf simulator company, was awarded 100% of its requested attorneys’ fees and costs associated solely with a patent infringement lawsuit on U.S. Patent 8,088,016 deemed by the U.S. District Court of the Southern District of California to be “exceptional” based on plaintiff Surf Waves, Ltd.’s (a wholly-owned subsidiary of Whitewater West Industries, Ltd. (collectively, “SW”)) lack of substantive strength in its litigating position and the unreasonable manner in which SW litigated that case. The Court entered judgment in favor of PSD and awarded PSD $576,077.16 in attorneys’ fees and costs.
SW has chosen not to appeal this award amount and due to a lack of immediate payment to PSD, the Court issued a writ of execution on November 2, 2020 with PSD as the judgment creditor and SW as the judgment debtor. The Court’s writ of execution directs the Sheriff and/or U.S. Marshall to enforce and satisfy the judgment for the payment of money, pursuant to the Federal Rules of Civil Procedure, Rule 69.
In a separate patent infringement lawsuit also involving Whitewater West Industries, Ltd. (“Whitewater”), PSD recently received judgment that it did not infringe in any way whatsoever on U.S. Patent 6,491,589 as alleged by Whitewater, makers of the Flowrider, Flowbarrel, and WaveOz attractions, and has submitted its motion to recoup attorneys’ fees and costs incurred due to Whitewater’s litigation behavior in the amount of $5,127,664.70.
PSD will utilize the funds for additional R&D to further improve PSD’s 3rd generation sheet wave technologies and to create additional custom-designed attractions to benefit the increasing demand for experiential products in these uncertain times.
About Pacific Surf Designs
PACIFIC SURF DESIGNS, INC. designs, manufactures, and installs the highest quality custom-designed sheet wave surf simulators serving the waterpark, leisure, hotel, entertainment, and retail industries. Guinness World Record holder for tallest standing wave. Makers of the ProFlow and Supertube line of products. The company is based in San Diego, CA.