Pacific Surf Designs

We design, install and manage sheet wave surfing attractions.

Operating as usual

12/10/2021

ProFlow Quarterpipe installation in progress. Long Island, New York. First of its kind and excited for all of you to ride.

ProFlow Quarterpipe installation in progress. Long Island, New York. First of its kind and excited for all of you to ride.

10/08/2021

Happy Friday everyone! With the record attendance numbers seen at waterparks around the world, we are proud of our industry's resilience and are excited for this upcoming Autumn season!

Happy Friday everyone! With the record attendance numbers seen at waterparks around the world, we are proud of our industry's resilience and are excited for this upcoming Autumn season!

New mega water park coming to Long Island 08/05/2021

New mega water park coming to Long Island

ProFlow Quarterpipe coming to Long Island, NY!

New mega water park coming to Long Island The Island Water Park, set to open later this year, will be a mega water park with a huge manmade lake, indoor surfing, bumper boats and so much more.

Photos from Pacific Surf Designs's post 07/30/2021

Congratulations to the City of El Paso on the grand opening of Oasis Waterpark, featuring the ProFlow Single!

07/04/2021

Happy 4th of July everyone!

And thanks to the crew at BearX Daycation Resort for this amazing photo!

Happy 4th of July everyone!

And thanks to the crew at BearX Daycation Resort for this amazing photo!

06/25/2021

Our Guinness World Record holding Supertube will be open again July 1 to provide thrills to the next crew of riders. Congrats to the team at Wave Corner on the reopening and best of luck on the summer season!

Our Guinness World Record holding Supertube will be open again July 1 to provide thrills to the next crew of riders. Congrats to the team at Wave Corner on the reopening and best of luck on the summer season!

Oasis Water Park in far east El Paso to open to the public Sunday 06/09/2021

Oasis Water Park in far east El Paso to open to the public Sunday

Congrats to the team at Oasis Waterpark for your grand opening! El Paso, TX is home to the ProFlow Single by Pacific Surf Designs

Oasis Water Park in far east El Paso to open to the public Sunday The second of El Paso's four water parks is getting ready to open in far east El Paso. On Saturday city leaders and some lucky kids got to experience Oasis water park one day before it will open to the public. Caption: The second of El Paso's four water parks is getting ready to open in far east El....

06/02/2021

Things are starting to open up! Looking forward to seeing you all again. BearX Daycation Resort

Things are starting to open up! Looking forward to seeing you all again. BearX Daycation Resort

05/25/2021
04/22/2021

Happy Earth Day!

Happy Earth Day!

Destination El Paso now hiring for El Paso Water Parks 03/18/2021

Destination El Paso now hiring for El Paso Water Parks

Excited to have the first surf simulator in El Paso opening up soon. Congrats to the team at Sundt and the City of El Paso!

https://www.ktsm.com/local/el-paso-news/destination-el-paso-now-hiring-for-el-paso-water-parks/

Destination El Paso now hiring for El Paso Water Parks El Paso, Texas (KTSM) — Destination El Paso is now taking job applications for El Paso’s four new water parks. There are several part-time and full-time positions available, including the following…

03/11/2021
RIVER BREAK IN HAWAII FORMS PERFECT WAVES! 03/09/2021

RIVER BREAK IN HAWAII FORMS PERFECT WAVES!

Always fund to see Waimea rivermouth break.

RIVER BREAK IN HAWAII FORMS PERFECT WAVES! STAY PSYCHED MERCHANDISE: https://www.jamieobrienshop.com- CATCH SURF JOB COLLECTION: https://catchsurf.com/collections/jamie-obrien-collection- BUELL WETSUI...

03/03/2021

Congrats to the team at Atlantis! This expansion looks incredible!

Photos from Pacific Surf Designs's post 02/12/2021

Pacific Surf Designs' antitrust lawsuit against Whitewater West Industries, Ltd. and Aquatic Development Group has survived a motion to dismiss and will continue to proceed. We are proud to fight on behalf of all the small companies being bullied by larger companies engaging in anticompetitive behavior. Customers deserve the best products available and should be allowed to have choices. Full article text below:

Wave-making monopolisation lawsuit survives motion to dismiss
Alex Wilts 11 February 2021 NEWS First published on the Global Competition Review website, February 2021

A federal California judge has refused to throw out claims accusing Whitewater West Industries of illegally monopolising the market for wavemaking machines installed at swimming pools, water parks and resorts.

In an order filed on Tuesday, Judge Roger Benitez of the US District Court for the Southern District of California said plaintiff Pacific Surf Designs (PSD) had alleged enough facts to support its case that Whitewater had violated sections 1 and 2 of the Sherman Act.

The case centres on sheet wave machines – “devices that pump a thin but powerful sheet of water over a padded ride surface, allowing a rider to simulate surfing or boogie boarding”, according to the order. Typically sold to public entities such as municipalities and entertainment venues like cruise ships, sheet wave machines may be as “small as a volleyball court” or larger than an “Olympic size swimming pool”, PSD said in its complaint filed in October 2020.

Whitewater has long been dominant in this industry – controlling up to 97% of the relevant market, according to the lawsuit. The complaint also states that the company – either directly or through its licensee, Aquatic Development Group (ADG) – sells its sheet wave machines worldwide using the trademark name “Flowrider”.
Launched in 2012, PSD said it hoped it could offer superior products at better prices to capture a share of the sheet wave market. It planned to compete with Whitewater in both the worldwide market for the machines as well as in a smaller submarket for selling the machines to municipalities within the US.
However, those hopes were dashed by Whitewater’s exclusionary conduct and unlawful agreements that have methodically destroyed competition, the complaint stated.

In his order, Judge Benitez said that “PSD plausibly pleads anticompetitive conduct to support a claim for violation of Section 2 by alleging Whitewater pressured third-party intermediaries to rig bid specifications for sheet wave machines in the relevant markets”.

PSD had stated in its complaint that municipalities have unique procurement demands, strict statutory bidding requirements and rely almost exclusively on designers and consultants.
Whitewater and ADG coerced third-party designers and consultants to craft specifications on public bids or proposals for municipal customers such that First published on the Global Competition Review website, February 2021 only a Flowrider machine could meet the requirements specified and be awarded a contract, the plaintiff alleged.

Whitewater had argued that the Noerr-Pennington doctrine – which immunises legitimate petitioning of the government from antitrust liability – barred certain allegations from forming the basis of the unlawful monopoly claim. Judge Benitez noted that the doctrine originates with the principle that efforts to influence public officials do not violate the antitrust laws even though intended to eliminate competition.

“Nonetheless, it is less clear that the Noerr-Pennington Doctrine applies to pressuring, coercing, or inducing third-party intermediaries to influence public officials, which is what PSD alleges here,” he wrote. Without answering this question, Judge Benitez ruled that PSD has adequately pled the elements of a section 2 antitrust violation.

He also determined that PSD had adequately pled violations of section 1, stating that the plaintiff has plainly alleged a litany of specific actions as part of an exclusion agreement that were designed to foreclose competitors from the relevant markets. According to the plaintiff’s complaint, there “was a three-part de facto exclusionary agreement to eliminate all sheet wave machine competition within the ADG Territory”.

For example, Whitewater and Aquatic Development Group agreed that whenever they were contracted by a customer as a consultant or designer, they would exclusively recommend, sell and install Flowrider machines, to the exclusion of all other manufacturers, PSD said.

“While PSD must later prove this anticompetitive conduct and support its allegations with admissible evidence, it has certainly alleged ‘enough facts to state a claim to relief that is plausible on its face,’” Judge Benitez wrote in his order.

Counsel to the plaintiff and defendants did not respond to requests for comment. Counsel to Pacific Surf Designs Thomas Whitelaw & Kolegraff Joseph Thomas, William Kolegraff, Michael Martello, Travis Biffar and Grant Thomas in Irvine, California Grell Feist Jeffrey Grell in Minneapolis, Minnesota Counsel to the defendants Buchalter Joshua Robbins, Roger Scott and Thomas Rickeman in Irvine, California Crowell & Moring Daniel Sasse and Chahira Solh in Irvine, California

02/03/2021

Le WAVE CORNER sous la neige !

Our Supertube has no problem with snow!

01/20/2021
Photos from BearX Daycation Resort's post 01/11/2021

Snow is something you don't typically see in Texas. Good thing our attractions are designed to thrive in all kinds of weather conditions from extreme heat and humidity to even snow! BearX Daycation Resort

12/31/2020

Happy New Year's Eve everyone! The United States Court of Appeals for the Federal Circuit also awarded us $145,459.18. This is in addition to the $576,077.16 already paid to us.

Pacific Surf Designs, Inc. Awarded $145,459.18 in Attorneys’ Fees from Recent Appellate Court Victory Over Whitewater West Industries, Ltd., Owner of Flowrider, Inc.

Motion for Fees Submitted to the United States Court of Appeals for the Federal Circuit Was Unopposed by Whitewater West Industries and Only Part of Larger Fees Award Request.

SAN DIEGO, December 31, 2020 /Businesswire/ -- Pacific Surf Designs, Inc. (“PSD”), the premier custom-designed surf simulator company, was awarded $145,459.18 in attorneys’ fees today from Whitewater West Industries, Ltd. (“Whitewater”), owner of Flowrider, Inc. and part owner of Murphy’s Waves, Ltd. The fees award in this instance was only for the portion of attorneys’ fees stemming from the appeal filed with the United States Court of Appeals for the Federal Circuit, which the appellate court ruled unanimously in favor of PSD on November 19, 2020 over a contractual dispute.

The award of $145,459.18 does not include the attorneys’ fees and costs contractually owed to PSD arising from the litigation associated with the lower court, the United States District Court, Southern District of California, which PSD estimates will exceed $1,500,000.00, with additional specificity to be determined later.

Whitewater and its controlled entities have not prevailed on any of the 5 lawsuits it has filed against PSD over the past 6 years. This does not include a pending case where PSD, now on the other side as plaintiff, alleges violations of the Federal Sherman Anti-Trust Act and the Federal Racketeer Influenced and Corrupt Organizations (“RICO”) Act against Whitewater, CEO, Geoffrey Paul Chutter, Flowrider, Inc., Flowrider’s President, Marshall Myrman, Aquatic Development Group, ADG’s VP, David Keim, and Thomas Lochtefeld, CEO of Surf Loch LLC and Wave Loch, Inc. That suit alleges unlawful monopolistic conduct, unlawful agreements to restrain trade, illegal racketeering, and conspiracy. PSD alleges that defendants have built an illegal monopoly on the global sheet wave machine market and the U.S. municipal market – harming competition and charging higher prices which ultimately hurts consumers and taxpayers.

PSD is seeking damages in an amount subject to proof at trial, but believed to exceed $75,000,000, plus treble damages and attorney’s fees under the Federal Sherman Anti-Trust Act and RICO.

Happy New Year's Eve everyone! The United States Court of Appeals for the Federal Circuit also awarded us $145,459.18. This is in addition to the $576,077.16 already paid to us.

Pacific Surf Designs, Inc. Awarded $145,459.18 in Attorneys’ Fees from Recent Appellate Court Victory Over Whitewater West Industries, Ltd., Owner of Flowrider, Inc.

Motion for Fees Submitted to the United States Court of Appeals for the Federal Circuit Was Unopposed by Whitewater West Industries and Only Part of Larger Fees Award Request.

SAN DIEGO, December 31, 2020 /Businesswire/ -- Pacific Surf Designs, Inc. (“PSD”), the premier custom-designed surf simulator company, was awarded $145,459.18 in attorneys’ fees today from Whitewater West Industries, Ltd. (“Whitewater”), owner of Flowrider, Inc. and part owner of Murphy’s Waves, Ltd. The fees award in this instance was only for the portion of attorneys’ fees stemming from the appeal filed with the United States Court of Appeals for the Federal Circuit, which the appellate court ruled unanimously in favor of PSD on November 19, 2020 over a contractual dispute.

The award of $145,459.18 does not include the attorneys’ fees and costs contractually owed to PSD arising from the litigation associated with the lower court, the United States District Court, Southern District of California, which PSD estimates will exceed $1,500,000.00, with additional specificity to be determined later.

Whitewater and its controlled entities have not prevailed on any of the 5 lawsuits it has filed against PSD over the past 6 years. This does not include a pending case where PSD, now on the other side as plaintiff, alleges violations of the Federal Sherman Anti-Trust Act and the Federal Racketeer Influenced and Corrupt Organizations (“RICO”) Act against Whitewater, CEO, Geoffrey Paul Chutter, Flowrider, Inc., Flowrider’s President, Marshall Myrman, Aquatic Development Group, ADG’s VP, David Keim, and Thomas Lochtefeld, CEO of Surf Loch LLC and Wave Loch, Inc. That suit alleges unlawful monopolistic conduct, unlawful agreements to restrain trade, illegal racketeering, and conspiracy. PSD alleges that defendants have built an illegal monopoly on the global sheet wave machine market and the U.S. municipal market – harming competition and charging higher prices which ultimately hurts consumers and taxpayers.

PSD is seeking damages in an amount subject to proof at trial, but believed to exceed $75,000,000, plus treble damages and attorney’s fees under the Federal Sherman Anti-Trust Act and RICO.

12/24/2020

Happy Holidays from Pacific Surf Designs!

Happy Holidays from Pacific Surf Designs!

11/26/2020
finance.yahoo.com 11/20/2020

Pacific Surf Designs, Inc. Defeats Whitewater West Industries in Litigation …Again

Pacific Surf Designs, Inc. Defeats Whitewater West Industries in Litigation …Again

The United States Court of Appeals for the Federal Circuit Unanimously Enters Judgment in Favor of Pacific Surf Designs and Reverses Lower Court Decision by Invalidating an Illegal Invention Assignment Provision.

November 20, 2020 10:55 AM Pacific Standard Time
SAN DIEGO--(BUSINESS WIRE)--Pacific Surf Designs, Inc. (“PSD”), the premier custom-designed surf simulator company, wins its appeal against Whitewater West Industries, Ltd. (“Whitewater”). In that appeal, the Federal Circuit found the assignment provision in an employment agreement void, and further awarded PSD its costs.

Based on a prior employment agreement involving one of PSD’s owners, COO Richard Alleshouse, the lower court ordered PSD to assign three of its patents to Whitewater in early 2019. On appeal, PSD challenged the employment agreement’s assignment provision as invalid under California Business and Professions Code § 16600, which states “…every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” Both PSD and Whitewater accepted two facts: (i) the inventions in the patents were not conceived until after Mr. Alleshouse left Wave Loch (acquired by Whitewater); and (ii) Mr. Alleshouse did not use any trade secret or any other confidential information belonging to Wave Loch in arriving at the patented inventions.

In its 27-page opinion which will serve as precedent, the Federal Circuit concluded that the assignment provision was invalid under § 16600 and completely reversed the prior judgment, including Whitewater’s inventorship claim against another one of the inventors of the patents, CEO Yong Yeh.

According to Manuel de la Cerra, the lead appellate attorney, “By its decision, the Federal Circuit has saved thousands of California employees from certain unemployment. Who would hire you if anything you invented had to be assigned to your former employer -- FOREVER? Ebay would have stopped its former employees from creating YouTube. Google would have stopped its former employee from creating Instagram. This is not how California became the economic and technological powerhouse it is today. Pacific Surf Designs alone created and patented advance technologies for water rides and nobody should have the right to steal the hard work of its inventors, Richard Alleshouse and Yong Yeh."

Whitewater and its controlled entities have not prevailed in any of the 5 lawsuits they have filed against PSD over the past 6 years. This does not include a pending case where PSD alleges violations of the Federal Sherman Anti-Trust Act and the Federal RICO Act against Whitewater, Whitewater’s CEO, Geoffrey Paul Chutter, Flowrider, Inc., Flowrider’s President, Marshall Myrman, Aquatic Development Group, ADG’s VP, David Keim, and Thomas Lochtefeld, CEO of Surf Loch LLC and Wave Loch, Inc. That suit alleges unlawful monopolistic conduct, unlawful agreements to restrain trade, illegal racketeering, and conspiracy.

About Pacific Surf Designs

PACIFIC SURF DESIGNS, INC. design, manufactures, and installs the highest quality custom-designed surf simulators. Guinness World Record holder for tallest standing wave.

https://finance.yahoo.com/news/pacific-surf-designs-inc-defeats-185500373.html

finance.yahoo.com Pacific Surf Designs, Inc. ("PSD"), the premier custom-designed surf simulator company, wins its appeal against Whitewater West Industries, Ltd. ("Whitewater"). In that appeal, the Federal Circuit found the assignment provision in an employment agreement void, and further awarded PSD its costs.

Videos (show all)

While we do not condone such maneuvers, it's amazing to see what riders are coming up with nowadays on our ProFlow. Whal...
We have a proprietary system to control the flow of water which gives our guests a smooth and clear canvas to ride and p...
Given all of the uncertainty out there, we are proud to continue our support of our industry and will be exhibiting at t...
While many of us are sheltering in place, we can all hope for this to be over soon and for everyone to come out of this ...
Nothing better than watching the next generation ripping on one of our ProFlows. Here is our ProFlow Triple attraction u...
Our ProFlow at Five Islands Amusement Park now has a huge new watery neighbor! Pacific Surf Designs #proflow #fiveisland...
It's always sunny in Dubai. Looking forward to seeing all of your at DEAL 2020 in Dubai next March 23-25! Wavehouse Duba...
Nothing more disappointing than long lines when you want to ride. With our ProFlow Triple, you have three full ride lane...
We love seeing how good young riders are on our ProFlow! Moon Palace Cancun Pacific Surf Designs #proflow #proflowtriple
Just playing around on our ProFlow Triple at Moon Palace Cancun. @juanpablodestruye Pacific Surf Designs #proflowtriple
What a venue! BearX Daycation Resort #proflow Pacific Surf Designs

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4887 Ronson Court, Suite D
San Diego, CA
92109
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