The case is American Wave Machines, Inc. v. WhiteWater West Industries Ltd., No. 2:26-cv-14386 (S.D. Fla.), filed September 28, 2026. American Wave Machines is a California corporation based in Solana Beach. The complaint alleges, on information and belief, that WhiteWater is a Canadian corporation, or an affiliate in the same corporate family, that designs, sells, and supports the Endless Surf line of wave systems.
Patents and the accused system
The complaint asserts U.S. Patent 9,279,263, issued March 8, 2016, and U.S. Patent 8,434,966, issued May 7, 2013, both titled Sequenced Chamber Wave Generator Apparatus and Method. It describes the technology as a controller that fires a row of pneumatically actuated wave-generating chambers along one edge of a pool in a timed sequence, so that the wave peak travels across the pool like a peeling ocean wave. It says that after inter partes review the USPTO issued certificates on February 8, 2024 confirming claims 1 to 19 of the '263 patent and claims 3 to 6, 8, and 12 to 15 of the '966 patent, in IPR2022-01034 and IPR2022-01033.
The accused products are Endless Surf wave-generation systems, including an Endless Surf ES36 pneumatic system at a surf park in Fellsmere, Florida, which the complaint alleges, on information and belief, is set to open in a few months as the first Endless Surf facility in the United States. The complaint asserts claims 1, 3, 4, 8 to 15, and 17 to 19 of the '263 patent and claims 3 to 6, 8, and 12 to 15 of the '966 patent, with direct, induced, and contributory infringement counts.
Notice, willfulness, and relief
The complaint alleges that WhiteWater sought a license in 2019 and knew of the patents no later than June 13, 2019; that it petitioned for inter partes review and filed a declaratory judgment action, No. 3:22-cv-00729 (S.D. Cal.), in May 2022, and dismissed that action after the final written decisions; and that its counsel acknowledged the patent portfolio in a February 2023 letter. It alleges willful infringement and asks for preliminary and permanent injunctions, lost profits and no less than a reasonable royalty, treble damages, and attorneys' fees.
Early docket activity
The docket shows the summons returned executed on October 2, 2026; a preliminary injunction motion with five affidavits filed October 19 (ECF Nos. 9 to 14); an order setting a hearing on a motion on October 20 (ECF No. 19); entries titled answer to complaint and counterclaim on October 20 and October 26 (ECF Nos. 20, 24); and a motion to continue filed October 28 and ruled on October 29 (ECF Nos. 31, 33).
What to watch next
Watch for the preliminary injunction hearing and any ruling on the motion, American Wave's answer to the counterclaims, and any amendment naming other WhiteWater entities. The case can end at any time, including by settlement or voluntary dismissal.