Waterslide maker WhiteWater has won the latest round in its years-long court struggle with ProSlide Technology.
The companies have been going through lawsuits and counter-suits since 2020, when ProSlide first sued Richmond, British Columbia-based WhiteWater for patent infringement. The plaintiff said WhiteWater’s AquaSphere, Orbiter and Tailspin water slides and rides used technology that infringed on the Ottawa, Ontario-based manufacturer’s patents.
Courts in the U.S. and Canada are hearing cases. The latest decision comes from Canada’s Federal Court, where the judge said WhiteWater's technology does not infringe on ProSlide’s patents. Regarding some accusations, the judge said that since the rides hadn’t been made, constructed, used or sold in Canada, that country’s patent law had not been infringed. When addressing other accusations, the judge said WhiteWater’s technology differed from ProSlide’s specifications such that it didn’t infringe patent.
The judge ruled that ProSlide must pay court costs to WhiteWater.
ProSlide has had some victories in U.S. courts, which currently are under appeal. WhiteWater officials hope the Canadian decision will help with those proceedings.
The Canadian decision qualifies for appeal.