Orlando jury finds willful infringement in waterslide case

On November 9, 2023, after a nine-day jury trial in the Middle District of Florida, ProSlide Technology, Inc. prevailed in a patent infringement case related to large water slides. Patent owner, ProSlide, and defendant WhiteWater West Industries, Inc., are the two largest waterslide manufacturers in the United States. This verdict came just days before the start of the week-long 2023 International Association of Amusement Parks and Attractions (IAAPA) Expo, also in Orlando, Florida.

ProSlide is the industry leader in innovative water ride design and manufacturing. Founded in 1986 by its current CEO Rick Hunter, ProSlide is committed to providing high-performance water rides to its worldwide customer base. As a former Canadian national ski team racer, Mr Hunter’s goal has always been to bring the smooth turns, steep grades, and big drops of competition skiing to the public in the form of water rides. ProSlide’s patent portfolio protects its many innovative water rides, including past innovations such as its award-winning Tornado design and HydroMAGNETIC Linear Induction Motor (LIM) water coaster technology, and more recently, its FlyingSAUCER, covered by one of the patents that was part of the verdict.  

In December 2020, ProSlide filed suit against WhiteWater accusing multiple WhiteWater waterslides, including the “Orbiter,” the “Tailspin,” the “AquaSphere,” and the “Parallel Pursuit” of infringing ProSlide utility and design patents. After nearly three years of litigation, the jury confirmed the validity of all the ProSlide’s patents and found infringement as to the AquaSphere product and willful infringement as to the TailSpin and Orbiter products. The jury awarded monetary damages, some of which are eligible for enhancement by the court in light of the jury’s finding of willfulness.  

The US litigation is part of ProSlide’s multi-national enforcement strategy that includes a co-pending patent litigation in Canada, asserting related patents against WhiteWater. The Canadian case is expected to go to trial in mid-2024.

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