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Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 1 of 43 PageID 1

UNITED STATES DISTRICT COURT


MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

PROSLIDE TECHNOLOGY INC., Case No.: 6:20-cv-________

Plaintiff,
COMPLAINT FOR PATENT INFRINGEMENT
v. AND DEMAND FOR JURY TRIAL

WHITEWATER WEST INDUSTRIES, LTD., (INJUNCTIVE RELIEF SOUGHT)

Defendant.

Plaintiff ProSlide Technology, Inc. (“ProSlide”), by and through its undersigned

attorneys, files this Complaint against WhiteWater West Industries, Ltd. (“WhiteWater”)

seeking damages and other relief for patent infringement, and alleges as follows:

NATURE OF THE ACTION

1. This is an action for patent infringement of United States Patent Nos.

10,702,783 B2, 10,500,508 B2, 9,079,111 B2, 10,369,480 B2, D901,613 S, D892,960 S, and

D903,804 S (collectively, “the Asserted Patents”) under the United States Title 35, United

States Code, §§ 100 et seq., including 35 U.S.C. § 271.

2. ProSlide brings this action against WhiteWater because of its systematic

infringement of ProSlide’s valuable patent rights. As explained herein, WhiteWater’s water

rides, including its “TailSpin,” “Orbiter,” “AquaSphere,” and “Boogie Board Racer” water

rides infringe claims in one or more of the Asserted Patents. ProSlide brings this action to seek

damages and injunctive relief arising out of this patent infringement.


Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 2 of 43 PageID 2

THE PARTIES

3. Plaintiff ProSlide Technology, Inc. is a Canadian corporation with a principal

place of business at 150-2650 Queensview Drive, Ottawa, Ontario, Canada K2B 8H6.

4. Defendant WhiteWater West Industries, Ltd. is a Canadian corporation with a

principal place of business at 6700 McMillan Way, Richmond, British Columbia, Canada,

V6W 1J7. WhiteWater maintains a U.S. sales offices in Florida. 1 WhiteWater may be served

in accordance with the terms of the Hauge Convention at the address of its registered office at

Suite 950, 1090 West Georgia Street, Vancouver, British Columbia, Canada, V6E 3V7.

JURISDICTION AND VENUE

5. This action arises under the patent laws of the United States, Title 35 of the

United States Code 35 U.S.C. §101, et seq. This Court has subject matter jurisdiction under 28

U.S.C. §§ 1331 and 1338(a).

6. This Court has personal jurisdiction over WhiteWater at least because, as shown

in the below image obtained from WhiteWater’s website depicting WhiteWater’s Florida

projects,2 WhiteWater regularly conducts and transacts business of selling, offering to sell,

using, and/or importing water rides in this District, including certain infringing rides described

herein. For example, Aquatica® in Orlando has multiple WhiteWater products, including an

accused AquaSphere product, listed herein.3 WhiteWater also has multiple products in Tampa,

1
See http://aftersales.whitewaterwest.com/wp-content/uploads/2018/05/After-Sales-and-Service-Brochure.pdf
(last visited Nov. 30, 2020).
2
See https://www.whitewaterwest.com/en/projects/global-directory/ (last visited Nov. 30, 2020).
3
See https://www.whitewaterwest.com/en/projects/aquatica-orlando/ (last visited Nov. 30, 2020).

2
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including, e.g., at Adventure Island which includes an Accused TailSpin product, listed

herein.4

7. This Court also has personal jurisdiction over WhiteWater because WhiteWater

maintains a sales office in Florida.5

8. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) and (c), and 28

U.S.C. § 1400(a) because this is an action for patent infringement and WhiteWater may be

found in this District based at least on the Florida projects noted above. Venue is also proper

in this District pursuant to 28 U.S.C. § 1391(b) and (c), and 28 U.S.C. § 1400(b) because this

4
See https://adventureisland.com/water-slides/solar-
vortex/#:~:text=America's%20first%20dual%20tailspin%20waterslide&text=Spin%20and%20splash%20at%20
Adventure,through%20two%20open%20tailspin%20features (last visited Nov. 30, 2020).
5
See http://aftersales.whitewaterwest.com/wp-content/uploads/2018/05/After-Sales-and-Service-Brochure.pdf
(last visited Nov. 30, 2020).

3
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 4 of 43 PageID 4

is an action for patent infringement and WhiteWater has committed acts of infringement in this

District as described herein. Venue is also proper in this District pursuant to 28 U.S.C. §

1391(b) and (c) because this Court has personal jurisdiction over WhiteWater as noted above,

and WhiteWater, as a foreign corporation, is subject to suit in any District in which there is

personal jurisdiction over WhiteWater.

FACTS GIVING RISE TO THIS ACTION

ProSlide is an Innovator and Industry Leader

9. Founded in 1986, ProSlide has grown from humble beginnings to become one

of the largest designers and manufacturers of water park rides in North America and the world.

Today, ProSlide supplies water rides and related equipment to major entertainment companies

such as Walt Disney World, Universal Entertainment, Six Flags Theme Parks, and Paramount

Parks. Customers consistently look to ProSlide as the industry pioneer for the freshest, most

innovative waterslides available.

10. ProSlide’s innovative product designs have had a significant impact on the

water-ride industry. ProSlide’s groundbreaking rides include its PIPELINE inner-tube water

rides in 1989; funnel-shaped TORNADO rides in 2003; ROCKET uphill water coasters with

booster technology in 2005; TANTRUM-TWIST ride in 2009; “SurpriseAdventure” tubing

and “ActiveWaterPlay” structures via its TOPSY-TURVY and RIDEHOUSE rides in 2010;

and the ROCKET® and MAMMOTH® water rides incorporating ProSlide’s

HydroMAGNETIC® LIM technology in 2011-2015.

11. In recognition of its achievements, industry bodies such as the International

Association of Amusement Parks and Attractions (“IAAPA”), the World Waterpark

4
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 5 of 43 PageID 5

Association (“WWA”), and Amusement Today have consistently recognized ProSlide as an

industry pioneer. Indeed, over the past thirty years, ProSlide has received over one hundred

awards including IAAPA’s “Best New Water Park Ride,” “Best New Product,” and “Industry

Impact” awards, WWA’s “Leading Edge,” “Industry Impact,” “Industry Innovation,” “Best

New Water Park Ride,” and “Industry Leadership” awards, and Amusement Today’s “Best

Water Ride” and “Best New Water Park Ride” “Golden Ticket” awards, presented to the “Best

of the Best” of the amusement industry. In fact, ProSlide is the only company in the world to

win the industry’s highest honor–IAAPA’s Impact Award–more than once, and ProSlide has

won more “Best Water Ride” awards than all other water slide manufacturers combined. 6

ProSlide’s Innovative and Patented FlyingSAUCER®, ORBIT®, and RallyRACER®


Technology

12. In some slide-based rides, riders enter the ride at a high elevation and travel to

a terminal destination at a lower elevation by sliding along a chute or flume. To facilitate

sliding, portions of a water slide may be lubricated with a volume of water. ProSlide’s

FlyingSAUCER® technology implements maximum curve speed and centrifugal forces to

create an exhilarating ride along the water ride edge for high speeds and thrills at a rate of

speed not achievable using their momentum alone. As a result, waterslide rides incorporating

ProSlide’s FlyingSAUCER® technology can be built higher, faster, with longer uphill

sections, and a higher rider capacity. ProSlide’s ORBIT® technology uses a concave sliding

surface to create an exhilarating and unpredictable ride not predetermined by typical flume ride

walls or channels. And ProSlide’s RallyRACER® is a slide designed for head-to-head racing

6
See https://www.proslide.com/about/awards/ (last visited Nov. 30, 2020).

5
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 6 of 43 PageID 6

in neighboring lanes, where riders slide down side-by-side tunnels with enclosed flumes

building anticipation about the riders position in the race before transitioning into competitive

open lane portions with low separators that allow riders to see and hear each other before

transitioning again into enclosed flumes.

13. ProSlide has received many awards for its innovative and patented

FlyingSAUCER® water-slide technology. ProSlide received IAAPA’s “Best New Water Park

Ride” in 2015 and 2019, Amusement Today’s “Golden Ticket Award: Best Water Park Ride”

in 2017 and 2019, and WWA’s “Leading Edge Award” in 2016 for its FlyingSAUCER® water

rides.

WhiteWater’s Infringing TailSpin and Orbiter Water Rides

14. The tremendous popularity and commercial success of ProSlide’s patented

FlyingSAUCER® technology has spawned imitators. Chief among these has been

WhiteWater, which has been busy copying ProSlide’s FlyingSAUCER® design to sell knock-

off saucer waterslides.

15. At the November 2019 IAAPA trade show, located in Orlando, Florida,

WhiteWater unveiled, advertised, and promoted its “TailSpin” water ride. The description of

the TailSpin ride on WhiteWater’s website7 as installed as part of the “The Washout” water

ride at Whirlin’ Waters in North Charleston, South Carolina, United States, confirms that the

ride infringes numerous claims of ProSlide’s patents directed to its innovative

FlyingSAUCER® technology. In addition to WhiteWater’s infringing TailSpin sale and

installation as part of “The Washout” water ride at Whirlin’ Waters in North Charleston, South

7
See https://www.whitewaterwest.com/en/products/water-slides/icons/tailspin/ (last visited Nov. 30, 2020).

6
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 7 of 43 PageID 7

Carolina, ProSlide understands that WhiteWater has at least sold and installed TailSpin water

rides in other locations in the United States, including in this District, in Tampa (Adventure

Island, “Solar Vortex”)8, and Cherry Valley, Illinois (Six Flags Hurricane Harbor Rockford,

“Tidal Wave”).9

16. WhiteWater makes, uses, imports, offers for sale, and has sold TailSpin water

rides in this District and elsewhere in the U.S.10 See also, ¶15, supra. The acts of making,

using, selling, and offering for sale the Accused TailSpin water ride in the U.S., and the act of

importing the same into the U.S., constitute infringement of some of the Asserted Patents as

detailed in the Counts below.

17. One year before debuting its TailSpin, on November 13-16, 2018, WhiteWater

unveiled, advertised, and promoted its “Orbiter” water ride at the IAAPA trade show in

Orlando, Florida. WhiteWater issued a press release on November 14, 2018, concerning the

Orbiter. 11 WhiteWater’s website for the Orbiter currently provides a link to contact

WhiteWater to “turn your vision into reality” by talking with WhiteWater’s “international team

of experts ready to discuss your project with you.”12 WhiteWater is also currently advertising

and offering to sell the Orbiter on the IAAPA website. See https://www.iaapa.org/iaapa-expos

(“Ascend to new entertainment heights with the ORBITER.”). The description of the Orbiter

8
See https://adventureisland.com/water-slides/solar-
vortex/#:~:text=America's%20first%20dual%20tailspin%20waterslide&text=Spin%20and%20splash%20at%20
Adventure,through%20two%20open%20tailspin%20features (last visited Nov. 30, 2020).
9
The Tidal Wave plans to open in 2020. See, e.g.,
https://www.businesswire.com/news/home/20190829005271/en/New-Water-Slide-New-Hurricane-Harbor-
Coming (last visited Nov. 30, 2020).
10
See https://www.whitewaterwest.com/en/products/water-slides/icons/tailspin/ (last visited Nov. 30, 2020).
11
See https://www.whitewaterwest.com/drive/uploads/2019/02/Press-Release-Brass-Ring-for-Orbiter-2018.pdf;
https://www.whitewaterwest.com/en/insights-and-events/news/worlds-first-orbiter-water-slide-opens-at-octs-
adventure-bay-in-xiangyang-china/ (last visited Nov. 30, 2020).
12
See https://www.whitewaterwest.com/en/products/water-slides/icons/orbiter/ (last visited Nov. 30, 2020).

7
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 8 of 43 PageID 8

ride on WhiteWater’s website13 confirms that the ride infringes numerous claims of ProSlide’s

patents directed to its innovative FlyingSAUCER® technology.

18. WhiteWater has and continues to offer for sale its Orbiter water ride in this

District and elsewhere in the U.S. 14 See also, ¶17, supra. The act of offering for sale the

Accused Orbiter water ride in the U.S. constitutes infringement of some of the Asserted Patents

as detailed in the Counts below.

WhiteWater’s Infringing AquaSphere Water Rides

19. Whitewater has also been busy copying ProSlide’s patented ORBIT® design.

This first came to light at the 2013 IAAPA trade show, located in Orlando, where WhiteWater

unveiled, advertised, and promoted its AquaSphere water ride. The description of the

AquaSphere ride on Whitewater’s website15 as installed as part of the “The Washout” water

ride at Whirlin’ Waters in North Charleston, South Carolina, United States, confirms that

WhiteWater’s AquaSphere ride infringes numerous claims of ProSlide’s patents directed to its

innovative ORBIT® technology. In addition to WhiteWater’s infringing AquaSphere sale and

installation as part of “The Washout” water ride at Whirlin’ Waters in North Charleston, South

Carolina, ProSlide understands that WhiteWater has at least sold and installed AquaSphere

water rides in other locations in the United States, including in Orlando of this District

(Aquatica® Orlando, “Ray Rush”) 16 , Katy, Texas (Typhoon Texas, “the Twister”) 17 ,

13
See https://www.whitewaterwest.com/en/products/water-slides/icons/orbiter/ (last visited Nov. 30, 2020).
14
See id.
15
See https://www.whitewaterwest.com/en/products/water-slides/icons/aquasphere/ (last visited Nov. 30, 2020).
16
See id.
17
See id.

8
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 9 of 43 PageID 9

Tannersville, Pennsylvania (Camelback & Aquatopia Indoor Waterpark, “Venus

Slydetrap”)18, and Grand Prairie, Texas (Epic Waters, “Aquanaut”) 19.

20. WhiteWater designs, manufactures, imports, offers for sale, sells, and has sold

AquaSphere water rides in this District and elsewhere in the U.S.20 See also, ¶19, supra. The

acts of making, using, selling, and offering for sale the Accused AquaSphere water ride in the

U.S., and the act of importing the same into the U.S., constitute infringement of some of the

Asserted Patents as detailed in the Counts below.

WhiteWater’s Infringing Boogie Board Racer Water Rides

21. In addition to copying ProSlide’s patented FlyingSAUCER® and ORBIT®

technologies, WhiteWater has copied ProSlide’s patented RallyRACER® designs.

Specifically, WhiteWater designed and manufactured a Boogie Board Racer for Carowinds

Amusement Park in Charlotte, North Carolina.21 The Boogie Board Racer is scheduled to debut

in 2021.22 The Boogie Board Racer is described as a water slide where, “[a]t the top of the

water slide, you and five other racers will grab a mat and toe the line.” 23 “In an instant, you

will be released into the rushing current of Boogie Board Racer. Everyone will zoom through

their own chutes – sometimes enclosed, sometimes open to the sun – always accelerating to

18
See https://www.whitewaterwest.com/en/projects/camelback-lodge-indoor-waterpark/ (last visited Nov. 30,
2020).
19
See https://www.whitewaterwest.com/en/products/water-slides/icons/aquasphere/ (last visited Nov. 30, 2020).
20
See id.
21
See https://www.carowinds.com/play/carolina-harbor/boogie-board-racer (last visited Nov. 30, 2020);
https://www.coaster101.com/2020/03/04/boogie-board-racer-rises-at-carowinds/ (last visited Nov. 30, 2020);
https://www.youtube.com/watch?v=euxVAO25v08 (last visited Nov. 30, 2020).
22
See https://www.carowinds.com/play/carolina-harbor/boogie-board-racer (last visited Nov. 30, 2020).
23
Id.

9
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 10 of 43 PageID 10

fast speeds. Alongside each other, you’ll zip through multiple passes of outrageousness and

into a 360-degree loop before a surprise drop into a splashdown finish.” 24

22. WhiteWater makes, uses, offers for sale, and has sold Boogie Board Racer

water rides in this District and elsewhere in the U.S.25 See also, ¶21, supra. The acts of making,

using, offering for sale, and selling the Accused Boogie Board Racer water ride in the U.S.,

and the act of importing the same into the U.S., constitute infringement of some of the Asserted

Patents as detailed in the Counts below.

THE ASSERTED PATENTS

U.S. Patent No. 10,702,783 B2

23. On July 7, 2020, the United States Patent and Trademark Office duly and legally

issued U.S. Patent No. 10,702,783 B2, entitled “Water Ride” (“the ’783 Patent”). A true and

accurate copy of the ’783 Patent is attached as Exhibit 1.

24. ProSlide Technology Inc. is the owner of all right, title, and interest in and to

the ’783 Patent, including the right to sue for and collect past damages.

25. The ’783 Patent is valid and enforceable.

U.S. Patent No. 10,500,508 B2

26. On December 10, 2019, the United States Patent and Trademark Office duly

and legally issued U.S. Patent No. 10,500,508 B2, entitled “Water Ride” (“the ’508 Patent”).

A true and accurate copy of the ’508 Patent is attached as Exhibit 2.

24
Id.
25
See, e.g., https://www.wcnc.com/article/entertainment/mat-racing-waterslide-coming-to-carowinds-in-
2020/275-0b0bdf7d-3212-4ebf-8d11-fc7524680032 (last visited Nov. 30, 2020);
https://www.carowinds.com/blog/2020/boogieboardracerupdate (last visited Nov. 30, 2020).

10
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27. ProSlide Technology Inc. is the owner of all right, title, and interest in and to

the ’508 Patent, including the right to sue for and collect past damages.

28. The ’508 Patent is valid and enforceable.

U.S. Patent No. 9,079,111 B2

29. On July 14, 2015, the United States Patent and Trademark Office duly and

legally issued U.S. Patent No. 9,079,111 B2, entitled “Water Slide” (“the ’111 Patent”). A true

and accurate copy of the ’111 Patent is attached as Exhibit 3.

30. ProSlide Technology Inc. is the owner of all right, title, and interest in and to

the ’111 Patent, including the right to sue for and collect past damages.

31. The ’111 Patent is valid and enforceable.

U.S. Patent No. 10,369,480 B2

32. On August 6, 2019, the United States Patent and Trademark Office duly and

legally issued U.S. Patent No. 10,369,480 B2, entitled “Water Slide” (“the ’480 Patent”). A

true and accurate copy of the ’480 Patent is attached as Exhibit 4.

33. ProSlide Technology Inc. is the owner of all right, title, and interest in and to

the ’480 Patent, including the right to sue for and collect past damages.

34. The ’480 Patent is valid and enforceable.

U.S. Patent No. D892,960 S

35. On August 11, 2020, the United States Patent and Trademark Office duly and

legally issued U.S. Patent No. D892,960 S, entitled “Water Slide” (“the ’960 Patent”). A true

and accurate copy of the ’960 Patent is attached as Exhibit 5.

11
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36. ProSlide Technology Inc. is the owner of all right, title, and interest in and to

the ’960 Patent, including the right to sue for and collect past damages.

37. The ’960 Patent is valid and enforceable.

U.S. Patent No. D901,613 S

38. On November 10, 2020, the United States Patent and Trademark Office duly

and legally issued U.S. Patent No. D901,613 S, entitled “Water Slide” (“the ’613 Patent”). A

true and accurate copy of the ’613 Patent is attached as Exhibit 6.

39. ProSlide Technology Inc. is the owner of all right, title, and interest in and to

the ’480 Patent, including the right to sue for and collect past damages.

40. The ’613 Patent is valid and enforceable.

U.S. Patent No. D903,804 S

41. On December 1, 2020, the United States Patent and Trademark Office duly and

legally issued U.S. Patent No. D903,804 S, entitled “Water Slide” (“the ’804 Patent”). A true

and accurate copy of the ’804 Patent is attached as Exhibit 7.

42. ProSlide Technology Inc. is the owner of all right, title, and interest in and to

the ’480 Patent, including the right to sue for and collect past damages.

43. The ’804 Patent is valid and enforceable.

COUNT I
INFRINGEMENT OF U.S. PATENT NO. 10,702,783 B2

44. Plaintiff re-alleges and incorporates by reference the allegations above in

Paragraphs 1 – 25 of this Complaint as if fully set forth herein.

45. Defendant has been and is directly infringing under 35 U.S.C. § 271, literally

or under the doctrine of equivalents, at least Claims 1, 3-4, 6-8, 15-34, 36-37, and 40-43 of the

12
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 13 of 43 PageID 13

ʼ783 Patent by making, using (including without limitation testing), selling, importing, and/or

offering to sell the Accused TailSpin water ride in the United States, including in this District

and elsewhere. See ¶¶15-16, supra.

46. Defendant has also been and continues to induce its customers to directly

infringe at least Claims 1, 3-4, 6-8, 15-34, 36-37, and 40-43 of the ʼ783 Patent by intentionally

promoting, aiding, and instructing customers to purchase and use the Accused TailSpin water

ride in the United States, including in this District and elsewhere. See ¶¶15-16, supra.

Defendant knew or should have known that the use of the Accused TailSpin water ride by its

customers directly infringes at least Claims 1, 3-4, 6-8, 15-34, 36-37, and 40-43 of the ʼ783

Patent in the United States, including in this District and elsewhere.

47. Defendant has also contributed and continues to contribute to infringement of

the ’783 Patent since at least the filing of this Complaint and knew or should have known that

the use of the Accused TailSpin water ride by its customers directly infringes at least Claims

1, 3-4, 6-8, 15-34, 36-37, and 40-43 of the ʼ783 in the United States, including in this District

and elsewhere. See ¶¶15-16, supra.

48. The following claim chart demonstrates that each and every element of

independent Claim 31 of the ʼ783 Patent is found in the Accused TailSpin slide feature as

installed as part of the “The Washout” water ride at Whirlin’ Waters in North Charleston, South

Carolina, United States:

’783 Patent, Claim 31 WhiteWater’s TailSpin of Whirlin’ Waters’ “Wipeout” 26

26
Original images obtained from https://www.whitewaterwest.com/en/products/water-slides/icons/tailspin/ and
https://www.whitewaterwest.com/en/projects/whirlin-waters-adventure-waterpark/ (last visited Nov. 30, 2020).

13
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 14 of 43 PageID 14

A slide feature for an amusement


ride adapted to carry a rider or
ride vehicle sliding thereon, the
slide feature comprising:

an inrun permitting ingress of the


rider or ride vehicle;
an outrun permitting egress of the
rider or ride vehicle;

a sliding surface in
communication with the inrun
and the outrun;

14
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 15 of 43 PageID 15

wherein a radius of the sliding


surface decreases along at least a
portion of the sliding surface, the
portion beginning where the
sliding surface meets the inrun;

wherein the slide feature is


oriented at a roll angle around a
roll axis; and
wherein the roll angle is nonzero
when measured relative to a
horizontal plane.

49. In addition, each and every element of Claims 1, 3-4, 6-8, 15-34, 36-37, and 40-

43 of the ’783 Patent is also found in the Accused TailSpin slide feature.

50. The description is based on publicly available information. Plaintiff reserves

the right to modify the description, including, for example, on the basis of information about

the Accused TailSpin slide feature that it obtains during discovery.

51. Defendant has had actual knowledge of the ʼ783 Patent at least as early as the

date of service of this Complaint. Defendant knew or should have known of the ’783 patent

when it issued on July 7, 2020. Defendant knew of the pending application that ultimately

issued as the ’783 patent because on October 6, 2017, Luc Benac, WhiteWater’s director of

commercial and risk management 27, who signed a third-party submission to the U.S. Patent

27
See https://ca.linkedin.com/in/luc-benac-3948979 (last visited Nov. 25, 2020).

15
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 16 of 43 PageID 16

and Trademark Office in the pending application that ultimately issued as the ’508 patent,

which is a parent to the ’783 patent, wherein that third-party submission was filed with the

U.S. Patent and Trademark Office on October 10, 2017.

52. Defendant’s acts of infringement have occurred within this District and

elsewhere in the United States within the term of the ’783 Patent.

53. The Accused TailSpin water ride has no substantial non-infringing uses and is

not a staple article of commerce.

COUNT II
INFRINGEMENT OF U.S. PATENT NO. 10,500,508 B2

54. Plaintiff re-alleges and incorporates by reference the allegations above in

Paragraphs 1 – 22 and 26 – 28 of this Complaint as if fully set forth herein.

55. Defendant has been and is directly infringing under 35 U.S.C. § 271, literally

or under the doctrine of equivalents, at least Claims 1-2, 8-9, 12, 15-16, 23, 25-27, and 32-34

of the ʼ508 Patent by making, using (including without limitation testing), selling, importing,

and/or offering to sell the Accused TailSpin slide feature in the United States, including in this

District and elsewhere. See ¶¶15-16, supra.

56. Defendant has also been and continues to induce its customers to directly

infringe at least Claims 1-2, 8-9, 12, 15-16, 23, 25-27, and 32-34 of the ʼ508 Patent by

intentionally promoting, aiding, and instructing customers to purchase and use the Accused

TailSpin water ride in the United States, including in this District and elsewhere. See ¶¶15-16,

supra. Defendant knew or should have known that the use of the Accused TailSpin water ride

by its customers directly infringes at least Claims 1-2, 8-9, 12, 15-16, 23, 25-27, and 32-34 of

the ʼ508 Patent in the United States, including in this District and elsewhere.

16
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57. Defendant has also contributed and continues to contribute to infringement of

the ’508 Patent since at least the filing of this Complaint and knew or should have known that

the use of the Accused TailSpin water ride by its customers directly infringes at least Claims

1-2, 8-9, 12, 15-16, 23, 25-27, and 32-34 of the ʼ783 in the United States, including in this

District and elsewhere. See ¶¶15-16, supra.

58. The following claim chart demonstrates that each and every element of

independent Claim 1 of the ’508 Patent is found in the Accused TailSpin slide feature as

installed as part of the “The Washout” water ride at Whirlin’ Waters in North Charleston, South

Carolina, United States:

’508 Patent, Claim 1 WhiteWater’s TailSpin of Whirlin’ Waters’ “Wipeout”28


A slide feature for an amusement
ride adapted to carry a rider or
ride vehicle sliding thereon, the
slide feature comprising:

an inrun permitting ingress of


the rider or ride vehicle at a first
elevation,

28
Original images obtained from https://www.whitewaterwest.com/en/products/water-slides/icons/tailspin/ and
https://www.whitewaterwest.com/en/projects/whirlin-waters-adventure-waterpark/ (last visited Nov. 30, 2020).

17
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 18 of 43 PageID 18

an outrun permitting egress of


the rider or ride vehicle at a
second elevation, wherein the
first elevation is higher than the
second elevation,

a sliding surface in
communication with the inrun
and the outrun, wherein the
sliding surface comprises a two-
dimensional, planar surface
portion substantially in the
geometric shape of a sector of a
closed curve,
wherein the slide feature
provides that the rider or ride
vehicle, at least partially urged
by gravity, slides along the
sliding surface from the inrun to
the outrun in an arcuate path,
wherein the sliding surface is
oriented at a pitch angle around a
pitch axis, the pitch angle being
measured relative to a horizontal
plane,
wherein the sliding surface is
oriented at a roll angle around a
roll axis, the roll angle being
measured relative to the
horizontal plane,
wherein the pitch axis and the
roll axis are mutually
perpendicular, and

18
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 19 of 43 PageID 19

wherein at least one of the pitch


angle and the roll angle is
nonzero.

59. In addition, each and every element of Claims 2, 8-9, 12, 15-16, 23, 25-27, and

32-34 of the ’508 Patent is also found in the Accused TailSpin slide feature.

60. The description above is based on publicly available information. Plaintiff

reserves the right to modify the description, including, for example, on the basis of information

about the Accused TailSpin slide feature that Plaintiff obtains during discovery.

61. Defendant has had actual knowledge of the ʼ508 Patent at least as early as the

date of service of this Complaint. Defendant knew or should have known of the ’508 patent

when it issued on December 10, 2019. Defendant knew of the pending application that

ultimately issued as the ’508 patent on or before October 6, 2017, when a third-party

submission to the U.S. Patent and Trademark Office was signed by Luc Benac, who is

19
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 20 of 43 PageID 20

WhiteWater’s director of commercial and risk management 29 , wherein that third-party

submission was filed with the U.S. Patent and Trademark Office on October 10, 2017.

62. Defendant’s acts of infringement have occurred within this District and

elsewhere in the United States within the term of the ’508 Patent.

63. The Accused TailSpin slide feature has no substantial non-infringing uses and

is not a staple article of commerce.

COUNT III
INFRINGEMENT OF U.S. PATENT NO. 10,702,783 B2

64. Plaintiff re-alleges and incorporates by reference the allegations above in

Paragraphs 1 – 25 of this Complaint as if fully set forth herein.

65. Defendant has been and is directly infringing under 35 U.S.C. § 271, literally

or under the doctrine of equivalents, at least Claims 1-40, 42, and 43 of the ʼ783 Patent by

offering to sell and/or selling the Accused Orbiter water ride in the United States, including in

this District and elsewhere. See ¶¶17-18, supra.

66. Defendant has also been and continues to induce its customers to directly

infringe at least Claims 1-40, 42, and 43 of the ʼ783 Patent by intentionally promoting, aiding,

and instructing customers to purchase and use the Accused Orbiter water ride in the United

States, including in this District and elsewhere. See ¶¶15-16, supra. Defendant knew or should

have known that the use of the Accused Orbiter water ride by its customers directly infringes

at least Claims 1-40, 42, and 43 of the ʼ783 Patent in the United States, including in this District

and elsewhere.

29
See https://ca.linkedin.com/in/luc-benac-3948979 (last visited Nov. 25, 2020).

20
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 21 of 43 PageID 21

67. Defendant has also contributed and continues to contribute to infringement of

the ’783 Patent since at least the filing of this Complaint and knew or should have known that

the use of the Accused Orbiter water ride by its customers directly infringes at least Claims 1-

40, 42, and 43 of the ʼ783 in the United States, including in this District and elsewhere. See

¶¶15-16, supra.

68. The following claim chart demonstrates that each and every element of

independent Claim 31 of the ʼ783 Patent is found in the Accused Orbiter slide feature displayed

on WhiteWater’s website:

’783 Patent, Claim 31 WhiteWater’s Orbiter30


A slide feature for an amusement
ride adapted to carry a rider or
ride vehicle sliding thereon, the
slide feature comprising:

an inrun permitting ingress of the


rider or ride vehicle;

30
Original images obtained from https://www.whitewaterwest.com/en/products/water-slides/icons/orbiter/ (last
visited Nov. 30, 2020).

21
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 22 of 43 PageID 22

an outrun permitting egress of the


rider or ride vehicle;

a sliding surface in
communication with the inrun
and the outrun;

wherein a radius of the sliding


surface decreases along at least a
portion of the sliding surface, the
portion beginning where the
sliding surface meets the inrun;

See also Orbiter images above.

22
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 23 of 43 PageID 23

wherein the slide feature is


oriented at a roll angle around a
roll axis; and
wherein the roll angle is nonzero
when measured relative to a
horizontal plane.

69. In addition, each and every element of Claims 1-40, 42, and 43 of the ’783

Patent is also found in the Accused Orbiter slide feature.

70. The description is based on publicly available information. Plaintiff reserves

the right to modify the description, including, for example, on the basis of information about

the Accused Orbiter slide feature that it obtains during discovery.

71. Defendant has had actual knowledge of the ʼ783 Patent at least as early as the

date of service of this Complaint. Defendant knew of the pending application that ultimately

issued as the ’508 patent on or before October 6, 2017, when a third-party submission to the

U.S. Patent and Trademark Office was signed by Luc Benac, who is WhiteWater’s director of

commercial and risk management 31, wherein that third-party submission was filed with the

U.S. Patent and Trademark Office on October 10, 2017.

31
See https://ca.linkedin.com/in/luc-benac-3948979 (last visited Nov. 25, 2020).

23
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 24 of 43 PageID 24

72. Defendant’s acts of infringement have occurred within this District and

elsewhere in the United States within the term of the ’783 Patent.

73. The Accused Orbiter water ride has no substantial non-infringing uses and is

not a staple article of commerce.

COUNT IV
INFRINGEMENT OF U.S. PATENT NO. 10,500,508 B2

74. Plaintiff re-alleges and incorporates by reference the allegations above in

Paragraphs 1 – 22 and 26 – 28 of this Complaint as if fully set forth herein.

75. Defendant has been and is directly infringing under 35 U.S.C. § 271, literally

or under the doctrine of equivalents, at least Claims 1-8, 12, 15-16, 23, 25-26, and 28-33 of the

ʼ508 Patent by offering to sell and/or selling the Accused Orbiter slide feature in the United

States, including in this District and elsewhere. See ¶¶15-16, supra.

76. Defendant has also been and continues to induce its customers to directly

infringe at least Claims 1-8, 12, 15-16, 23, 25-26, and 28-33 of the ʼ508 Patent by intentionally

promoting, aiding, and instructing customers to purchase and use the Accused Orbiter water

ride in the United States, including in this District and elsewhere. See ¶¶15-16, supra.

Defendant knew or should have known that the use of the Accused Orbiter water ride by its

customers directly infringes at least Claims 1-8, 12, 15-16, 23, 25-26, and 28-33 of the ʼ508

Patent in the United States, including in this District and elsewhere.

77. Defendant has also contributed and continues to contribute to infringement of

the ’508 Patent since at least the filing of this Complaint and knew or should have known that

the use of the Accused Orbiter water ride by its customers directly infringes at least Claims 1-

24
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 25 of 43 PageID 25

8, 12, 15-16, 23, 25-26, and 28-33 of the ʼ508 Patent in the United States, including in this

District and elsewhere. See ¶¶15-16, supra.

78. The following claim chart demonstrates that each and every element of

independent Claim 1 of the ’508 Patent is found in the Accused Orbiter slide feature displayed

on WhiteWater’s website:

’508 Patent, Claim 1 WhiteWater’s Orbiter32


A slide feature for an amusement
ride adapted to carry a rider or
ride vehicle sliding thereon, the
slide feature comprising:

an inrun permitting ingress of


the rider or ride vehicle at a first
elevation,
an outrun permitting egress of
the rider or ride vehicle at a
second elevation, wherein the
first elevation is higher than the
second elevation,

32
Original images obtained from https://www.whitewaterwest.com/en/products/water-slides/icons/orbiter/ (last
visited Nov. 30, 2020).

25
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 26 of 43 PageID 26

a sliding surface in
communication with the inrun
and the outrun, wherein the
sliding surface comprises a two-
dimensional, planar surface
portion substantially in the
geometric shape of a sector of a
closed curve,
wherein the slide feature
provides that the rider or ride
vehicle, at least partially urged
by gravity, slides along the
sliding surface from the inrun to
the outrun in an arcuate path,
wherein the sliding surface is
oriented at a pitch angle around a
pitch axis, the pitch angle being
measured relative to a horizontal
plane,
wherein the sliding surface is
oriented at a roll angle around a
roll axis, the roll angle being
measured relative to the
horizontal plane,
wherein the pitch axis and the
roll axis are mutually
perpendicular, and
wherein at least one of the pitch
angle and the roll angle is
nonzero.

79. In addition, each and every element of Claims 1-8, 12, 15-16, 23, 25-26, and

28-33 of the ’508 Patent is also found in the Accused Orbiter slide feature.

80. The description above is based on publicly available information. Plaintiff

reserves the right to modify the description, including, for example, on the basis of information

about the Accused Orbiter slide feature that Plaintiff obtains during discovery.

81. Defendant has had actual knowledge of the ʼ508 Patent at least as early as the

date of service of this Complaint. Defendant knew or should have known of the ’508 patent

26
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 27 of 43 PageID 27

when it issued on December 10, 2019. Defendant knew of the pending application that

ultimately issued as the ’508 patent on or before October 6, 2017, when a third-party

submission to the U.S. Patent and Trademark Office was signed by Luc Benac, who is

WhiteWater’s director of commercial and risk management 33 , wherein that third-party

submission was filed with the U.S. Patent and Trademark Office on October 10, 2017.

82. Defendant’s acts of infringement have occurred within this District and

elsewhere in the United States within the term of the ’508 Patent. The Accused Orbiter slide

feature has no substantial non-infringing uses.

COUNT V
INFRINGEMENT OF U.S. PATENT NO. 9,079,111 B2

83. Plaintiff re-alleges and incorporates by reference the allegations above in

Paragraphs 1 – 22 and 29 – 31 of this Complaint as if fully set forth herein.

84. Defendant has been and is directly infringing under 35 U.S.C. § 271, literally

or under the doctrine of equivalents, at least Claims 1-2, 4-6, 9, 11-13, and 18-19 of the ʼ111

Patent by making, using (including without limitation testing), selling, importing, and/or

offering to sell the Accused AquaSphere slide feature in the United States, including in this

District and elsewhere. See ¶¶17-18, supra.

85. Defendant has also been and continues to induce its customers to directly

infringe at least Claims 1-2, 4-6, 9, 11-13, and 18-19 of the ʼ111 Patent by intentionally

promoting, aiding, and instructing customers to purchase and use the Accused AquaSphere

water ride in the United States, including in this District and elsewhere. See ¶¶17-18, supra.

33
See https://ca.linkedin.com/in/luc-benac-3948979 (last visited Nov. 30, 2020).

27
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 28 of 43 PageID 28

Defendant knew or should have known that the use of the Accused AquaSphere water ride by

its customers directly infringes at least Claims 1-2, 4-6, 9, 11-13, and 18-19 of the ʼ111 Patent

in the United States, including in this District and elsewhere.

86. Defendant has also contributed and continues to contribute to infringement of

the ’111 Patent since at least the filing of this Complaint and knew or should have known that

the use of the Accused AquaSphere water ride by its customers directly infringes at least

Claims 1-2, 4-6, 9, 11-13, and 18-19 of the ʼ111 in the United States, including in this District

and elsewhere. See ¶¶17-18, supra.

87. The following claim chart demonstrates that each and every element of

independent Claim 1 of the ’111 Patent is found in the Accused AquaSphere slide feature as

installed as part of the “The Washout” water ride at Whirlin’ Waters in North Charleston, South

Carolina, United States:

’111 Patent, Claim 1 WhiteWater’s AquaSphere of Whirlin’ Waters’ “Wipeout” 34


A water slide feature
comprising

34
Original images obtained from https://www.whitewaterwest.com/en/products/water-slides/icons/aquasphere/
and https://www.youtube.com/watch?v=rJ-HtXpTVaM&t=5s (last visited Nov. 30, 2020).

28
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 29 of 43 PageID 29

a sliding surface concave about


three axes sized and adapted to
carry one or more riders and/or
ride vehicles sliding thereon on
a non-predetermined path from
an entry to an exit,

29
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 30 of 43 PageID 30

the entry sized and positioned


to direct the one or more riders
and/or ride vehicles along the
sliding surface on a path which
is at least partially upward;

wherein the sliding surface is a


shape approximating one-half
of a sphere.

88. In addition, each and every element of Claims 2, 4-6, 9, 11-13, and 18-19 of the

’111 Patent is also found in the Accused AquaSphere slide feature.

89. The description above is based on publicly available information. Plaintiff

reserves the right to modify the description, including, for example, on the basis of information

about the Accused AquaSphere slide feature that Plaintiff obtains during discovery.

30
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 31 of 43 PageID 31

90. Defendant has had actual knowledge of the ʼ111 Patent at least as early as the

date of service of this Complaint.

91. Defendant’s acts of infringement have occurred within this District and

elsewhere in the United States within the term of the ’111 Patent.

92. The Accused AquaSphere slide feature has no substantial non-infringing uses

and is not a staple article of commerce.

COUNT VI
INFRINGEMENT OF U.S. PATENT NO. 10,369,480 B2

93. Plaintiff re-alleges and incorporates by reference the allegations above in

Paragraphs 1 – 22 and 32 – 34 of this Complaint as if fully set forth herein.

94. Defendant has been and is directly infringing under 35 U.S.C. § 271, literally

or under the doctrine of equivalents, at least Claims 1-3, 5-7, 9, and 11 of the ʼ480 Patent by

making, using (including without limitation testing), selling, importing, and/or offering to sell

the Accused AquaSphere slide feature in the United States, including in this District and

elsewhere. See ¶¶17-18, supra.

95. Defendant has also been and continues to induce its customers to directly

infringe at least Claims 1-3, 5-7, 9, and 11 of the ʼ480 Patent by intentionally promoting,

aiding, and instructing customers to purchase and use the Accused AquaSphere water ride in

the United States, including in this District and elsewhere. See ¶¶17-18, supra. Defendant knew

or should have known that the use of the Accused AquaSphere water ride by its customers

directly infringes at least Claims 1-3, 5-7, 9, and 11 of the ʼ480 Patent in the United States,

including in this District and elsewhere.

31
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 32 of 43 PageID 32

96. Defendant has also contributed and continues to contribute to infringement of

the ’480 Patent since at least the filing of this Complaint and knew or should have known that

the use of the Accused AquaSphere water ride by its customers directly infringes at least

Claims 1-3, 5-7, 9, and 11 of the ʼ480 in the United States, including in this District and

elsewhere. See ¶¶17-18, supra.

97. The following claim chart demonstrates that each and every element of

independent Claim 1 of the ’480 Patent is found in the Accused AquaSphere slide feature as

installed as part of the “The Washout” water ride at Whirlin’ Waters in North Charleston, South

Carolina, United States:

’480 Patent, Claim 1 WhiteWater’s AquaSphere of Whirlin’ Waters’ “Wipeout” 35


A water slide feature
comprising a
spherical sliding
surface adapted to
carry one or more
riders and/or ride
vehicles sliding
thereon from an entry
to an exit,

35
Original images obtained from https://www.whitewaterwest.com/en/products/water-slides/icons/aquasphere/
and https://www.youtube.com/watch?v=rJ-HtXpTVaM&t=5s (last visited Nov. 30, 2020).

32
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 33 of 43 PageID 33

the entry sized and


positioned to direct
the one or more
riders and/or ride
vehicles along the
sliding surface on a
path which is at least
partially upward and

having a first path


segment with a first
horizontal component
of movement in a
first direction across
the sliding surface
and a second path
segment with an
upward vertical
component of
movement and a
second horizontal
component of
movement in a
second direction
across the sliding
surface opposite the
first horizontal
direction; and

33
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 34 of 43 PageID 34

wherein the entry is


substantially
perpendicular to the
sliding surface where
the entry meets the
sliding surface.

98. In addition, each and every element of Claims 2-7, 9, 11, and 14 of the ’480

Patent is also found in the Accused AquaSphere slide feature.

99. The description above is based on publicly available information. Plaintiff

reserves the right to modify the description, including, for example, on the basis of information

about the Accused AquaSphere slide feature that Plaintiff obtains during discovery.

100. Defendant has had actual knowledge of the ʼ480 Patent at least as early as the

date of service of this Complaint.

34
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 35 of 43 PageID 35

101. Defendant’s acts of infringement have occurred within this District and

elsewhere in the United States within the term of the ’480 Patent.

102. The Accused AquaSphere slide feature has no substantial non-infringing uses

and is not a staple article of commerce.

COUNT VII
INFRINGEMENT OF U.S. PATENT NO. D901,613 S

103. Plaintiff re-alleges and incorporates by reference the allegations above in

Paragraphs 1 – 22 and 38 – 40 of this Complaint as if fully set forth herein.

104. In the eye of the ordinary observer familiar with the relevant prior art, giving

such attention as a purchaser usually gives, the claimed design of the ’613 Patent and the

corresponding design of WhiteWater’s Boogie Board Racer water ride are substantially the

same, such that the ordinary observer would be deceived into believing that WhiteWater’s

Boogie Board Racer design is the design claimed in the ’613 Patent.

105. In violation of 35 U.S.C. § 271, WhiteWater has directly infringed the ’613

Patent by making, importing, using, offering for sale, and selling the Boogie Board Racer in

the United States.

106. In violation of 35 U.S.C. § 289, WhiteWater has directly infringed the ’613

Patent by applying the patented design of the ’613 Patent, or a colorable imitation thereof, to

an article of manufacture, including the Boogie Board Racer, for the purpose of sale and/or by

selling, offering, or exposing for sale an article of manufacture, including the Boogie Board

Racer, to which the patented design of the ’613 Patent or a colorable imitation thereof has been

applied.

35
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 36 of 43 PageID 36

107. The following side-by-side images provides an example demonstrating that the

claimed design of the ’613 Patent is copied by the Accused Boogie Board Racer slide as

manufactured for, sold to, and scheduled to be installed at Carowinds Amusement Park,

Charlotte, North Carolina, United States:

U.S. D901,613 (FIG. 15) WhiteWater Boogie Board Racer 36

108. The description above is based on publicly available information. Plaintiff

reserves the right to modify the description, including, for example, on the basis of information

about the Accused Boogie Board Racer slide that Plaintiff obtains during discovery.

109. Defendant has had actual knowledge of the ʼ613 Patent at least as early as the

date of service of this Complaint.

110. Defendant’s acts of infringement have occurred within this District and

elsewhere in the United States within the term of the ’613 Patent.

111. The Accused Boogie Board Racer slide feature has no substantial non-

infringing uses and is not a staple article of commerce.

36
Image obtained from https://www.carowinds.com/play/carolina-harbor/boogie-board-racer (last visited Nov.
30, 2020).

36
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 37 of 43 PageID 37

COUNT VIII
INFRINGEMENT OF U.S. PATENT NO. D903,804 S

112. Plaintiff re-alleges and incorporates by reference the allegations above in

Paragraphs 1 – 22 and 41 – 43 of this Complaint as if fully set forth herein.

113. In the eye of the ordinary observer familiar with the relevant prior art, giving

such attention as a purchaser usually gives, the claimed design of U.S. Patent No. D903,804 S

(“the ’804 Patent”) and the corresponding design of WhiteWater’s Boogie Board Racer water

ride are substantially the same, such that the ordinary observer would be deceived into

believing that WhiteWater’s Boogie Board Racer design is the design claimed in the ’613

Patent.

114. In violation of 35 U.S.C. § 271, WhiteWater has directly infringed the ’804

Patent by making, importing, using, offering for sale, and selling the Boogie Board Racer in

the United States.

115. In violation of 35 U.S.C. § 289, WhiteWater has directly infringed the ’804

Patent by applying the patented design of the ’804 Patent, or a colorable imitation thereof, to

an article of manufacture, including the Boogie Board Racer, for the purpose of sale and/or by

selling, offering, or exposing for sale an article of manufacture, including the Boogie Board

Racer, to which the patented design of the ’804 Patent or a colorable imitation thereof has been

applied.

116. The following side-by-side images provides an example demonstrating that the

claimed design of the ’804 Patent is copied by the Accused Boogie Board Racer slide as

manufactured for, sold to, and scheduled to be installed at Carowinds Amusement Park,

Charlotte, North Carolina, United States:

37
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 38 of 43 PageID 38

U.S. D903,804 S (FIG. 1) WhiteWater’s Boogie Board Racer 37

117. The description above is based on publicly available information. Plaintiff

reserves the right to modify the description, including, for example, on the basis of information

about the Accused Boogie Board Racer slide that Plaintiff obtains during discovery.

118. Defendant has had actual knowledge of the ʼ613 Patent at least as early as the

date of service of this Complaint.

119. Defendant’s acts of infringement have occurred within this District and

elsewhere in the United States within the term of the ’613 Patent.

120. The Accused Boogie Board Racer slide feature has no substantial non-

infringing uses and is not a staple article of commerce.

COUNT IX
INFRINGEMENT OF U.S. PATENT NO. D892,960 S

121. Plaintiff re-alleges and incorporates by reference the allegations above in

Paragraphs 1 – 22 and 35 – 37 of this Complaint as if fully set forth herein.

37
Image obtained from https://www.carowinds.com/play/carolina-harbor/boogie-board-racer (last visited Nov.
30, 2020).

38
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 39 of 43 PageID 39

122. In the eye of the ordinary observer familiar with the relevant prior art, giving

such attention as a purchaser usually gives, the claimed design of U.S. Patent No. D892,960 S

(“the ’960 Patent”) and the corresponding design of WhiteWater’s Boogie Board Racer water

ride are substantially the same, such that the ordinary observer would be deceived into

believing that WhiteWater’s Boogie Board Racer design is the design claimed in the ’960

Patent.

123. In violation of 35 U.S.C. § 271, WhiteWater has directly infringed the ’960

Patent by making, importing, using, offering for sale, and selling the Boogie Board Racer in

the United States.

124. In violation of 35 U.S.C. § 289, WhiteWater has directly infringed the ’960

Patent by applying the patented design of the ’960 Patent, or a colorable imitation thereof, to

an article of manufacture, including the Boogie Board Racer, for the purpose of sale and/or by

selling, offering, or exposing for sale an article of manufacture, including the Boogie Board

Racer, to which the patented design of the ’960 Patent or a colorable imitation thereof has been

applied.

125. The following side-by-side images provides an example demonstrating that the

claimed design of the ’960 Patent is copied by the Accused Boogie Board Racer slide as

manufactured for, sold to, and scheduled to be installed at Carowinds Amusement Park,

Charlotte, North Carolina, United States:

39
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 40 of 43 PageID 40

U.S. D892,960 S (FIG. 1) WhiteWater Boogie Board Racer 38

WhiteWater’s Boogie Board Racer 39

126. The description above is based on publicly available information. Plaintiff

reserves the right to modify the description, including, for example, on the basis of information

about the Accused Boogie Board Racer slide that Plaintiff obtains during discovery.

127. Defendant has had actual knowledge of the ʼ960 Patent at least as early as the

date of service of this Complaint.

128. Defendant’s acts of infringement have occurred within this District and

elsewhere in the United States within the term of the ’960 Patent.

38
Image obtained from https://www.carowinds.com/play/carolina-harbor/boogie-board-racer (last visited Nov.
30, 2020).
39
See id.

40
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 41 of 43 PageID 41

129. The Accused Boogie Board Racer slide feature has no substantial non-

infringing uses and is not a staple article of commerce.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for relief against Defendant as follows:

(a) A judgment that Defendant has infringed and is infringing each of the Asserted

’783, ’508, ’111, ’480, ’613, ’960, and ’804 Patents;

(b) A judgment that Defendant has contributed to and induced infringement of each of

the Asserted ’783, ’508, ’111, ’480, ’613, ’960, and ’804 Patents, and is actively contributing

to and inducing infringement of each of the Asserted ’783, ’508, ’111, ’480, ’613, ’960, and

’804 Patents;

(c) An award of damages adequate to compensate Plaintiff for the infringement that

has occurred, under 35 U.S.C. §§ 284 or 289, including with pre-judgment and post-judgment

interest;

(d) An order requiring Defendant to account for and pay to Plaintiff any and all profits

made by Defendant from sales of the TailSpin, Orbiter, and Boogie Board Racer water rides

under 35 U.S.C. § 289.

(e) An award of treble damages for Defendant’s willful infringement of the Asserted

Patents, pursuant to 35 U.S.C. § 284;

(f) An accounting and/or supplemental damages for all damages occurring after any

discovery cutoff and through the Court’s decision regarding imposition of a compulsory

ongoing royalty;

41
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 42 of 43 PageID 42

(g) An order under 35 U.S.C. § 283 permanently enjoining WhiteWater from

continuing to make, use, sell, and/or offer to sell the products accused of infringing the ’783

Patent and from further inducing or contributing to the infringement of the ’783 Patent.

(h) An order under 35 U.S.C. § 283 permanently enjoining WhiteWater from

continuing to make, use, sell, and/or offer to sell the products accused of infringing the ’508

Patent and from further inducing or contributing to the infringement of the ’508 Patent.

(i) An order under 35 U.S.C. § 283 permanently enjoining WhiteWater from continuing

to make, use, sell, and/or offer to sell the products accused of infringing the ’111 Patent and

from further inducing or contributing to the infringement of the ’111 Patent.

(j) An order under 35 U.S.C. § 283 permanently enjoining WhiteWater from continuing

to make, use, sell, and/or offer to sell the products accused of infringing the ’480 Patent and

from further inducing or contributing to the infringement of the ’480 Patent.

(k) An order under 35 U.S.C. § 283 permanently enjoining WhiteWater from

continuing to make, use, sell, and/or offer to sell the products accused of infringing the ’613

Patent and from further inducing or contributing to the infringement of the ’613 Patent.

(l) An order under 35 U.S.C. § 283 permanently enjoining WhiteWater from continuing

to make, use, sell, and/or offer to sell the products accused of infringing the ’960 Patent and

from further inducing or contributing to the infringement of the ’960 Patent.

(m) An order under 35 U.S.C. § 283 permanently enjoining WhiteWater from

continuing to make, use, sell, and/or offer to sell the products accused of infringing the ’804

Patent and from further inducing or contributing to the infringement of the ’804 Patent.

42
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(n) An award of attorneys’ fees, expenses and costs based on this being an exceptional

case under 35 U.S.C. § 285, including prejudgment interest on such fees, expenses and costs;

(o) Costs and expenses in this action; and

(p) Such other and further relief as the Court deems just and equitable.

JURY DEMAND

Plaintiff requests a trial by jury as to all issues so triable.

Dated: December 1, 2020

Respectfully submitted,

/s/ Taylor F. Ford


Taylor F. Ford
Florida Bar No.: 0041008
Dustin Mauser-Claassen
Florida Bar No.: 0119289
KING, BLACKWELL, ZEHNDER & WERMUTH, P.A.
25 E. Pine St.
P.O. Box 1631
Orlando, FL 32802-1631
Telephone: (407) 422-2472
Facsimile: (407) 648-0161
Email: tford@kbzwlaw.com
Email: dmauser@kbzwlaw.com

James R. Barney* Trial Counsel


Justin E. Loffredo*
FINNEGAN, HENDERSON, FARABOW
GARRETT & DUNNER, LLP
901 New York Avenue, NW
Washington, DC 20001-4413
202-408-4000
Email: james.barney@finnegan.com
Email: justin.loffredo@finnegan.com

*(Motions to appear pro hac vice forthcoming)

Counsel for Plaintiff ProSlide Technology, Inc.

43
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Exhibit 1
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Case 6:20-cv-02189-CEM-DCI Document 1-1 Filed 12/01/20 Page 3 of 63 PageID 46
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Exhibit 2
Case 6:20-cv-02189-CEM-DCI Document 1-2 Filed 12/01/20 Page 2 of 63 PageID 108
Case 6:20-cv-02189-CEM-DCI Document 1-2 Filed 12/01/20 Page 3 of 63 PageID 109
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Exhibit 3
Case 6:20-cv-02189-CEM-DCI Document 1-3 Filed 12/01/20 Page 2 of 17 PageID 171

US009079111B2

(12) United States Patent (10) Patent No.: US 9,079,111 B2


Hunter (45) Date of Patent: Jul. 14, 2015
(54) WATER SLIDE USPC ........... 472/13, 116, 117, 128: 104/53, 69, 70
See application file for complete search history.
(75) Inventor: Richard D. Hunter, Ottawa (CA) (56) References Cited
(73) Assignee: postp:TestNology INC., U.S. PATENT DOCUMENTS
4.738.590 A 4, 1988 But
(*) Notice: Subject to any disclaimer, the term of this 4,836.52 A 6, 1989 E.
patent is extended or adjusted under 35 5,137,497 A 8, 1992 Dubeta
U.S.C. 154(b) by 33 days. 5,171,101 A 12/1992 Sauerbier et al.
5,236,280 A 8, 1993 Lochtefeld
5,271,692 A 12/1993 Lochtefeld
(21) Appl. No.: 131508,477 5,393,170 A 2/1995 Lochtefeld
(22) PCT Filed
1C N OW. 12, 2010 5,401,117 A 3, 1995 Lochtefeld
9 (Continued)
(86). PCT No.: PCT/CA2O1 O/OO1763
FOREIGN PATENT DOCUMENTS
S371 (c)(1),
(2), (4) Date: Jul. 5, 2012 CA 2 O90 878 3, 1992
CA 2 328 339 A1 12/2001
(87) PCT Pub. No.: WO2011/057395 (Continued)
PCT Pub. Date: May 19, 2011 OTHER PUBLICATIONS
(65) Prior Publication Data Search Report issued in connection with PCT/CA2010/001763
issued by the ISACA on Jan. 27, 2011.
US 2012/O277O11 A1 Nov. 1, 2012 (Continued)

Related U.S. Application Data Primary Examiner — Kien Nguyen


(60) Provisional application No. 61/261,101, filed on Nov. (74) Attorney, Agent, or Firm - Barnes & Thornburg LLP
13, 2009. (57) ABSTRACT
(51) Int. Cl. A water slide feature comprising a sliding Surface concave
A63G 2L/8 (2006.01) about three axes. The waterslide feature is sized and adapted
A63G 3/00 (2006.01) to carry one or more riders and/or ride vehicles sliding
(52) U.S. Cl thereon on a non-predetermined path. The water slide feature
CPC A63G 2 1/18 (2013.01) has an entry sized and positioned to direct the one or more
(58) Field of Classification search riders and/or ride vehicles along the sliding Surface on a path
CPC ......... X."No 2100. Agag 300 which is at least partially upward.
A63G 9/00; A63G 21/04; A63G 7700 19 Claims, 9 Drawing Sheets
Case 6:20-cv-02189-CEM-DCI Document 1-3 Filed 12/01/20 Page 3 of 17 PageID 172

US 9,079,111 B2
Page 2

(56) References Cited D583,895 S 12/2008 Hlynka


8, 197,353 B2 * 6/2012 Brassard ....................... 472/117
U.S. PATENT DOCUMENTS 2005/0047869 A1 3, 2005 Lochtefeld
2005.0075180 A1 4/2005 Dubeta
5,421,782 A 6, 1995 Lochtefeld 2006, O1946.38 A1 8, 2006 Hunter
5,564,859 A 10, 1996 Lochtefeld 2008. O15361.0 A1 6/2008 Braun et al.
5,628,584. A 5/1997 Lochtefeld 2009/0062025 A1 3/2009 Hlynka
5,738,590 A 4, 1998 Lochtefeld 2009/0221377 A1 9/2009 Hlynka
5,766,082 A 6, 1998 Lochtefeld et al.
5,779,553 A 7/1998 Langford FOREIGN PATENT DOCUMENTS
5,899,633. A 5, 1999 Lochtefeld
6,132,317 A 10, 2000 Lochtefeld CA 2328339 A1 12/2001
6,319,137 B1 1 1/2001 Lochtefeld CA 2 639 347 A1 2, 2009
6,354,955 B1 3, 2002 Stuartet al. CA 2 656 749 A1 8, 2009
6.450,891 B1 9, 2002 Dubeta CN 101417179 4/2009
6,485,372 B2 11/2002 Stuartet al. GB 2224 948 A 5, 1990
6,491,589 B1 12/2002 Lochtefeld WO O1,24899 A1 4/2001
6,716,107 B2 4/2004 Lochtefeld
6,743,107 B2 6/2004 Dubeta OTHER PUBLICATIONS
6,857,964 B2 2/2005 Hunter
D521,098 S 5, 2006 Hunter European Extended Search Report for EP 1082.9405.9, dated Apr. 24.
7,056,220 B2 6/2006 Hunter 2013.
D548,810 S 8, 2007 Hunter
D567,322 S 4/2008 Hunter * cited by examiner
Case 6:20-cv-02189-CEM-DCI Document 1-3 Filed 12/01/20 Page 4 of 17 PageID 173

U.S. Patent Jul. 14, 2015 Sheet 1 of 9 US 9,079,111 B2

24 38 24
Case 6:20-cv-02189-CEM-DCI Document 1-3 Filed 12/01/20 Page 5 of 17 PageID 174

U.S. Patent Jul. 14, 2015 Sheet 2 of 9 US 9,079,111 B2

124 124

FIG. 2
Case 6:20-cv-02189-CEM-DCI Document 1-3 Filed 12/01/20 Page 6 of 17 PageID 175

U.S. Patent Jul. 14, 2015 Sheet 3 of 9 US 9,079,111 B2

228

211 219
21 N.
232)

&22 21 6
y
/

FIG. 3
Case 6:20-cv-02189-CEM-DCI Document 1-3 Filed 12/01/20 Page 7 of 17 PageID 176

U.S. Patent Jul. 14, 2015 Sheet 4 of 9 US 9,079,111 B2


Case 6:20-cv-02189-CEM-DCI Document 1-3 Filed 12/01/20 Page 8 of 17 PageID 177

U.S. Patent Jul. 14, 2015 Sheet 5 Of 9

FIG.S
Case 6:20-cv-02189-CEM-DCI Document 1-3 Filed 12/01/20 Page 9 of 17 PageID 178

U.S. Patent Jul. 14, 2015 Sheet 6 of 9 US 9,079,111 B2

510-N,
Case 6:20-cv-02189-CEM-DCI Document 1-3 Filed 12/01/20 Page 10 of 17 PageID 179

U.S. Patent Jul. 14, 2015 Sheet 7 of 9 US 9,079,111 B2

6 10 N
612
N
614 - N 618

Y-/\
-.

I
/
M

1
-
JN- 619
611

616

FIG. 7
Case 6:20-cv-02189-CEM-DCI Document 1-3 Filed 12/01/20 Page 11 of 17 PageID 180

U.S. Patent Jul. 14, 2015 Sheet 8 of 9 US 9,079,111 B2

A -- 716

FIG. 8
Case 6:20-cv-02189-CEM-DCI Document 1-3 Filed 12/01/20 Page 12 of 17 PageID 181

U.S. Patent Jul. 14, 2015 Sheet 9 Of 9 US 9,079,111 B2


Case 6:20-cv-02189-CEM-DCI Document 1-3 Filed 12/01/20 Page 13 of 17 PageID 182

US 9,079,111 B2
1. 2
WATER SLIDE According to still another aspect of the present invention,
there is provided a water slide feature comprising a concave
This application is a U.S. national counterpart application sliding Surface sized and adapted to carry one or more riders
of international application serial No. PCT/CA2010/001763 and/or ride vehicles sliding thereon on an non-predetermined
filed Nov. 12, 2010, which claims priority to U.S. Provisional path, an entry sized and positioned to direct the one or more
Patent Application No. 61/261,101 filed Nov. 13, 2009. The riders and/or ride vehicles along the sliding Surface in a loop
entire disclosures of PCT/CA2010/001763 and U.S. Ser. No. ing path around the sliding Surface and out an exit adjacent to
61/261,101 are hereby incorporated by reference. the entry.
10
According to yet another aspect of the present invention,
FIELD there is provided a water slide feature comprising a concave
sliding Surface sized and adapted to carry one or more riders
The invention relates in general to water slide rides, and and/or ride vehicles sliding thereon on a non-predetermined
more particularly, to a water slide ride having a concave slide path, an entry sized and positioned to direct the one or more
feature. riders and/or ride vehicles along the sliding Surface on a path
15
having a first path segment with a first horizontal component
BACKGROUND
of movement in a first direction across the sliding Surface and
a second path segment with an upward Vertical component of
Water slides are popular ride attractions for water parks, movement and a second horizontal component of movement
theme parks, family entertainment centers and destination in a second direction across the sliding Surface opposite to the
resorts. Water slides not only offer welcome relief from the first horizontal direction.
Summer heat, they also provide an exciting and entertaining In some embodiments the sliding Surface is open sided.
diversion from conventional pool and/or ocean bathing activi In some embodiments the sliding Surface is concavely
ties. curved about three axes.
In one type of water slide, a bather or rider slides his body 25 In some embodiments the sliding Surface is at least a por
and/or a flexible riding mat, tube or raft (“ride vehicle') along tion of a sphere, an ellipsoid, an ovoid, a paraboloid or a bowl
a downward-inclined sliding surface defined by a flume or shape.
water channel that bends, twists and turns following a prede In some embodiments the sliding Surface comprises at least
termined ride path. The flume also typically carries a flow of a portion of a cone.
water from a starting pool at Some desired higher elevation to 30
In some embodiments the water slide feature is open
a landing pool or run-out at a desired lower elevation. The topped.
water is typically continuously recirculated from the lower In some embodiments the water slide feature is partially
elevation to the higher elevation using one or more pumps and enclosed.
then continuously falls with gravity from the higher elevation In some embodiments the water slide feature is a substan
to the lower elevation flowing along the slide/flume path. The 35
tially complete sphere, ellipsoid, or paraboloid.
water provides cooling fun for the ride participants, and also
provides a lubricious film or fluid between the rider/vehicle In some embodiments the sliding Surface has a diameter of
between about 10 and 150 feet.
and the ride surface so as to increase the speed of the rider
down the flume path. In some embodiments the sliding Surface is a hemisphere
The popularity of water slides has increased dramatically 40 with a horizontal open side.
over the years, as they have proliferated and evolved into ever In some embodiments the sliding Surface has an open side
larger and more exciting rides. Nevertheless, park patrons that is angled to the horizontal between 0 and 90 degrees.
continue to demand and seek out more and more exciting and In some embodiments, the water slide feature further com
stimulating ride experiences. Thus, there is an ever present prises at least one opening about which the riders and/or ride
demand and need for different and more exciting water slide 45 vehicles travel.
designs that offer riders a new and unique ride experience and In some embodiments, the water slide feature further com
that give park owners the ability to draw larger and larger prises an entry and an exit wherein the exit crosses under the
crowds to their parks. entry.
SUMMARY 50
In some embodiments, the water slide feature further com
prises an entry and an exit wherein the ride path crosses under
the entry.
According to one aspect of the present invention, there is In some embodiments, the water slide feature further com
provided a water slide feature comprising a sliding Surface prises an entry and an exit wherein the entry comprises a
concave about three axes sized and adapted to carry one or flume ride.
more riders and/or ride vehicles sliding thereon on a non 55
In some embodiments, the water slide feature further com
predetermined path, an entry sized and positioned to direct
the one or more riders and/or ride vehicles along the sliding prises an exit wherein the exit is at a low point of the sliding
Surface on a path which is at least partially upward. Surface.
According to another aspect of the present invention, there In some embodiments, the water slide feature further com
is provided a water slide feature comprising a concave sliding 60 prises a barrier adjacent the exit.
Surface sized and adapted to carry one or more riders and/or In some embodiments, the water slide feature further com
ride vehicles sliding thereon on a non-predetermined path, an prises a barrier for retaining water adjacent the exit.
entry sized and positioned to direct the one or more riders In some embodiments the barrier comprises a stopping
and/or ride vehicles upward along the sliding Surface in a pool adapted to allow the rider to stand and exit.
continuously curved path of more than 180 degrees around a 65 In some embodiments, the water slide feature further com
center point on the sliding Surface from which the sliding prises an entry and an exit wherein both the entry and the exit
Surface curves outward. are above a low portion of the sliding Surface.
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In some embodiments the exit is adjacent to the top of the and drained by other means. For example, there may be
sliding Surface. openings across the sliding Surface 12 to allow water to be
introduced to and/or drained from the sliding surface 12. The
BRIEF DESCRIPTION OF THE DRAWINGS water may also be sprayed onto the sliding Surface 12 from an
external source Such as a sprayer overhanging the waterslide
Embodiments will now be described with reference to the 10. Other lubricants may also be used or the use of water or
attached drawings in which: other lubricants may be eliminated. For example, if the slid
FIG. 1 is a perspective view of a water slide according to a ing surface 12 and the bottom of a ride vehicle are formed of
first embodiment; or coated with an appropriate material, such as TeflonTM, the
FIG. 2 is a perspective view of a water slide according to a 10 use of a lubricant may be unnecessary. The lubricant may also
second embodiment; be coated on the bottom of or sprayed from the riding vehicle
FIG. 3 is a perspective view of a water slide according to a or rider.
third embodiment; The entry 14 in this embodiment is a flume which can be
FIG. 4 is a perspective view of a water slide according to a either open or closed. Other embodiments may include enter
fourth embodiment; 15 ing from other water slides or a rider and/or ride vehicle
FIG. 5 is a perspective view of a water slide according to a starting the ride by entering the sliding Surface by a platform,
fifth embodiment; stairs or other means to climb to the edge 18 and start riding
FIG. 6A is a side view of a water slide according to a sixth from that point. In some embodiments, the entry may be
embodiment; through the side of the water slide 10 rather than over the edge
FIG. 6B is a perspective view of the water slide of FIG. 6A: 18. In this embodiment, the entry 14 directs the rider initially
FIG. 7 is a perspective view of a water slide according to a in an angled downward direction as the rider enters the sliding
seventh embodiment; surface 12. The path of the rider will be discussed in further
FIG. 8 is a perspective view of a water slide according to an detail below.
eighth embodiment; The exit 16 of this embodiment is also along the edge 18 of
FIG.9A is a side view of a water slide according to a ninth 25 the water slide 10. In this embodiment, the exit 16 is a flume
embodiment; (either open or enclosed), which is adjacent to but spaced
FIG.9B is a perspective view of the water slide of FIG.9A. apart from the entry 14 along the edge 18. The exit may have
a wide opening to enable riders on a variety of ride paths to
DETAILED DESCRIPTION exit. The location and shape of the entry 14 and the exit 16
30 may be varied depending on the size and shape of the sliding
FIG. 1 depicts a water slide 10 in accordance with a first surface 12 and the coefficient friction of the rider on the
embodiment. Water slide 10 includes a sliding surface 12, an sliding surface 12.
entry 14 to the sliding surface 12 and an exit 16 from the The sliding surface 12 of this embodiment, as noted above,
sliding Surface 12. is generally in the shape of the inside of one half of a sphere.
In this embodiment, the sliding Surface 12 has a shape that 35 For ease of reference, three mutually orthogonal positive axes
is based on the inside surface of one half of an approximate or directions X,Y and Zhave been marked at the center point
sphere. The sliding Surface 12 has an edge 18 and centerpoint 20. The negative axes or directions are opposite to these axes.
20, from which the sliding surface 12 curves outward. In this The sliding surface 12 in this embodiment is oriented such
embodiment, the center point 20 is the approximate geomet that the center point 20 is the lowest point of the sliding
ric center of the sliding surface 12. The bowl shape sliding 40 surface relative to level ground. The edge 18 is parallel to
Surface 12 is approximately symmetrical about the center level ground. The planed defined by the X and Y axes is
point 20, although the edge 18 may be angled in any direction parallel to solid ground. The Z axis is perpendicular to Solid
relative to level ground. This means that the center point 20 ground, oriented upward, parallel but opposite to the direction
may be the lowest point of the sliding surface 12 if the edge 18 of gravity. It will be appreciated that the sliding surface is
is parallel to level ground. The center point 20 will not be the 45 curved inward or concave relative to all three of the X,Y and
lowest point of the sliding surface 12 if the edge 18 is not Z axes such that the sliding Surface is concave about three
parallel to level ground. aXCS.
The edge 18 may include a lip or small wall that projects In this embodiment, the sliding Surface is Smooth and
outwardly over the sliding surface 12. Such a lip or small wall open-sided Such that the rider can potentially ride over any
can provide a safety feature for the sliding surface 12 by 50 part of the sliding surface 12. This is in contract to a flume ride
preventing riders, ride vehicles or water from traveling which includes walls or channels to guide the rider along a
beyond the edge 18. predetermined path. In the water slide 10, for at least a portion
In this embodiment, adjacent to the edge 18 is a water of the ride experience, the path of the rider is not predeter
Supply conduit 22. The water Supply conduit includes a num mined by walls or channels on the sliding Surface 12.
ber of nozzles, holes or perforations 24. The water supply 55 The sliding path 28 is an exemplary sliding path which a
conduit is connected to a source of water (not shown). The rider might travel on the water slide 10. The exemplary sliding
water Supply conduit 22 is used to circulate water through the path 28 is described below to provide an exemplary descrip
water slide 10 and spray water onto the sliding surface 12 tion of a ride path that a rider might travel when the water slide
through the nozzles 24 to maintain at least part of the sliding 10 is symmetrical about level ground with the Z axis parallel
surface 12 lubricated with water. The water is pumped to the 60 to the direction of gravity. The ride directions are for clarity of
sliding Surface 12 through the water Supply conduit 22 and explanation only and do not limit the ride path to a particular
out through the nozzles 24. The water then flows down the direction. The sliding path 28 can be broken down into a
sliding Surface 12. number of segments 30, 32, 36, 38 and 40.
The sliding surface 12 may include a drain 26 through When the rider enters the sliding surface 12 from the entry
which water can drain out of the water slide 10 and be re 65 14, the rider has a certain velocity and direction of travel. In
circulated back to the water slide conduit 22 and nozzles 24 so the first segment 30 of the sliding path 28, the rider may come
that water can be reused in the ride. Water may be introduced out of the entry 14 and may be directed downward to move in
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a negative Z direction, partially horizontally in a positive X than half a sphere can be used, or a full sphere may be
direction, and partially horizontally in a negative Y direction provided with the ride completely enclosed except for the
across the sliding Surface 12. The momentum of the rider may entry 14 and the exit 16. The ride may contain lights or may be
cause the rider to move up the far side of the sliding surface 12 dark, depending on the desired effect. If a sphere or more than
along a second segment 32 of the sliding path 28. Along the half of sphere is provided, the positioning of the water Supply
second segment 32 the rider may move upward in a positive Z conduit 22 may be altered and the water supply conduit 22 or
direction, with partially horizontally in a positive X direction, other water supply means may be from the outside of the
and a component of movement partially horizontally in a sliding Surface 12 and sprayed in through the sliding Surface
positive Y direction across the sliding surface 12. In the tran 12 such that the riders may slide over the water supply without
sition from the segment 30 to the segment 32, the vertical Z 10 altering their sliding experience.
component and the horizontal Y component of the direction As previously noted, at least a portion of the path of the
of travel of the rider are reversed from positive to negative riders is non-predetermined. Instead, the path will be deter
Such that the rider moves upward back across the sliding mined, at least partly, for example, by the mass of the rider or
surface 12. ride vehicle, their initial angle at which they enter the sliding
The rider then moves into the third segment 36 of the 15 surface 12 and their initial velocity. For example, FIG. 2
sliding path 28. In the transition between the second segment shows a water slide 110 which is similar to water slide 10
32 and the third segment 36, the rider may reach a certain depicted in FIG.1. Water slide 110 will be described only in
vertical point 34 of travel. In this exemplary ride path 28, the respect of how it differs from water slide 10. The water slide
vertical point 34 is the highest vertical assent of the rider. In 110 has a sliding surface 112, and entry 114 and an exit 116.
the segment 36, the rider may move downward in a negative The difference between the water slide 110 and the water
Z direction, partially horizontally in a negative X direction, slide 10 is the difference in the downward angle and the X,Y
and partially horizontally in a positive Y direction across the direction and location of the entry 14 and the exit 16. As can
sliding surface 12. In the transition from the segment 32 to the be seen from comparing FIG. 1 and FIG. 2, the angle of the
segment 36, the vertical Z component of the direction of entry 114 in FIG. 2 is a shallower angle than the angle of the
travel of the rider and the horizontal X component of the 25 entry 14 in FIG.1 such that the rider when entering from entry
direction of travel of the rider are reversed such that the rider 14 in FIG. 1 may be directed more downwardly whereas the
travels downward back towards the entry 14. rider entering the sliding surface 112 from the entry 114 in
The segments 32 and 36 together can be seen as a loop, FIG. 2 may be directed more laterally across the sliding
which, rather than sending the rider back along the path they surface 112. The rider of the water slide 110 may trace an
have just taken when a highest vertical assent is reached, may 30 exemplary sliding path 128 as shown in FIG. 2. It will be
send the rider across the face of sliding surface 12 with a appreciated that the sliding path 128 may be different from
continuing forward movement in the Y direction. the sliding path 28. However, there are commonalities
In the transition between the third segment 36 and the between the two riding paths 28 and 128. For example, both
fourth segment 38 of the sliding path 28, the rider may reach riding paths may travel first downward from the entry and
a relatively low point of travel along the sliding surface 12 35 then upward, back across and then intersecting the original
between the segments 36 and 38. The rider then moves into path such that the sliding paths 28 and 128 both trace a
the fourth segment 38 as the rider moves upward in the posi looping path across the sliding Surfaces 12 and 112.
tive Z direction, partially horizontally in a negative X direc It can be appreciated that the change from the configuration
tion, and partially horizontally in a negative Y direction across of FIG. 1 to the configuration of FIG. 2 may not require
the sliding surface 12. In the transition from the segment 36 to 40 completely different water slides and instead the entry 14 may
the segment 38, the vertical Z component of the direction of be movable to the position of the entry 114 and similarly the
travel of the rider and the horizontal Y component of the exit 16 may be movable to the position of the exit 116 such
direction of travel of the rider are reversed. that the water slide may be adapted to define a number of
In the fifth segment 40, the sliding path 28 crosses over the potential sliding paths in a single water slide 10. Alterna
first segment 30 of the sliding path 28 completing a 360° loop, 45 tively, users may be given the option of multiple possible in
and the rider may travel upward and out through the exit 16. runs, each providing a different ride experience.
It will be noted that the component of the movement of the Numerous other shapes and configurations of sliding Sur
rider in the direction of the X, Y and Z axes is never reversed faces may be used. FIG. 3 shows a water slide 210 which is
for all three axes at the same time. The direction of movement, also based on an approximate half-sphere sliding Surface. The
always remains the same for the X or Y axis. For example, in 50 water slide 210 differs from the water slides depicted in FIGS.
the transition from segment 30 to 32, the X component of 1 and 2 in several ways. The water slide 210 has a sliding
movement remains in the positive direction and in the transi surface 212, an entry 214, an exit 216 and an edge 218. The
tion from segment 32 to 36, the Y component of movement water slide 210 is shown as positioned relative to level ground
remains in the positive direction. 211. The distance between level ground 211 and the water
It can be seen that the sliding path 28 of this embodiment 55 slide 210 may be varied and the water slide 210 may or may
describes a looping path in which the path loops around the not rest on the level ground 211.
center point 20 traveling up, over, back down, around and The edge 218 of this embodiment may not be horizontal,
intersecting the original sliding path 28 before exiting the i.e. parallel to the level ground 211. Instead, the edge 218 may
water slide. As can also be seen, the rider changes direction be angled relative to the level ground 211. The entry 214 and
along the riding path 28 without necessarily ever having to 60 the exit 216 may be positioned along the less elevated portion
transition through a period of low or near Zero velocity. For of the edge 218. Also, in this embodiment, the exit 216 may
example, although the rider may have a Zero Vertical or Z not be positioned at the edge 218. Instead, the exit 216 may be
velocity at vertical high point 34, the rider will still be trav through a side wall 219 of the water slide 210. This means that
elling in the X and/or Y directions and will have X and/or Y the rider may not need to have the momentum the rider would
velocity. 65 need to ride up and over the edge 218 as might be required in
Although only half of a sphere is depicted in FIG. 1 it will the water slides of FIGS. 1 and 2. It will be appreciated that
be appreciative that, less than half a sphere can be used, more the exits 16 and 116 could be similarly positioned through a
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side wall rather than over the edges 18 and 118 of the waters FIGS. 6A and 6B depict another embodiment which may
slides 10 and 110. The entry 214 of the water slide 210 may be be used either for large or small diameter rides. FIGS.6A and
positioned at a steep enough angle so that the rider or ride 6B depict side and front perspective views of a water slide
vehicle travelling along the sliding path 228 may have suffi 510. The water slide 510 has a sliding surface 512, an entry
cient momentum to travel up and around the looping path and 5 514, an exit 516, an edge 518 and a sliding path 528. The
out through the exit 216 as shown in FIG. 3. water slide 510 also has a geometric center point 520 of the
As with FIGS. 1 and 2, in this embodiment the rider or ride sliding surface 512.
vehicle also travels a looping path. The angle of the edge 218 In this embodiment, the edge 518 is vertical. Sliding sur
relative to the level ground 211, according to embodiments of face 512 is based on a half-sphere. In this embodiment, the
the invention may vary anywhere from 0 to 90° or more. 10 sliding path 528 may or may not circle the center point 520
Depending on the angle chosen and the configuration of the depending on, for example, the weight of the rider or riders,
slide surface and entry and exit, riders can be given the visual their weight distribution, their initial velocity and their entry
angle. Sliding path 528 still traces a looping path in which the
and physical sensation of travelling a near-vertical loop, even riders’ horizontal movement may be reversed throughout the
though the path they travel may be actually angled relative to 15 loop and the loop of the sliding path 528 may cross itself. In
the vertical. this embodiment, the rider may be directed through the entry
FIG. 4 shows a water slide 310 having a sliding surface 514 along the sliding path 528 and out through the exit 516.
312, an edge 318, an inlet 314, an outlet 316, a center point In some embodiments, particularly if this water slide 510 is
320 and a sliding path.328. As with the embodiments of FIGS. used for the young, the exit 516 may be a shallow stopping
1 to 3, the embodiment of FIG. 4 is based on a half sphere pool into which the rider drops or may be a wide run out area
sliding surface 312 although other shapes could be used. In which will allow the rider to slow down, stop and then stand
this embodiment, like the embodiment of FIG.3, the edge 318 to exit. Similarly, the entry 514 may simply be fed by a body
may be angled to level ground 311 with the entry 314 and the water slide which the rider climbs up to and then rides down
exit 316 being positioned adjacent the lowest point of the and into the water slide 510.
edge 318. In this embodiment, the entry 314 extends over the 25 The embodiments depicted in FIGS. 1 to 6B depict a slid
exit 316 such that the sliding path 328 does not cross itself on ing Surface which has a curvature based on that of a portion of
the sliding surface 312. Instead, the exit 316 is below the entry a sphere. However, embodiments are not limited to spherical
314. The sliding path 328 still traces a looping path around sliding Surfaces. Other embodiments encompass portions of
center point 320 of the sliding surface 312. In other embodi ovoid, ellipsoid, paraboloid and other bowl-shaped sliding
ments, neither the sliding path nor the entry and exit overlap. 30 Surfaces as well as irregular Surfaces designed to achieve the
For example, the entry may be to the left of the exit in FIG. 4. same looping effect as described above.
FIG.S shows another embodiment of the invention. In this FIG. 7 depicts a water slide 610 having a sliding surface
embodiment, a water slide 410 includes a sliding surface 412, 612, an edge 618, a sidewall 619, an entrance 614 and an exit
an edge 418, an entrance 414, an exit 416 and a sliding path 616. A sliding path 628 is also shown. In this embodiment, the
428. It can be seen that in this embodiment, the water slide 35 sliding surface 612 may not be defined by a portion of a
410 may not be a complete half-sphere. The water slide 410 sphere. Instead, the sliding surface 612 is a bowl-shape which
may be formed from a portion of a half-sphere but not a may be roughly ellipsoid in shape.
complete half-sphere. The sliding path 428 in this embodi The edge 618 of the sliding surface 612 is angled from level
ment may be shorter and, for example 180°, based on the ground 611 toward the entrance 614. In other words, the axis
positioning of the exit 416 relative to the entrance 414. In this 40 of curvature of the sliding surface 612 may not be vertical, but
embodiment, the entrance 414 is an enclose flume adjacent rather angled relative to level ground 611. As noted above, the
the low point of the edge 418 but the exit 416 is an enclosed angle may vary anywhere from e.g. 0° to 90°. The entry 614
flume adjacent the high point of the edge 418. This results in may be angled to direct the rider downwards along the sliding
the sliding path 428 tracing a looping path only about one half path 628 and then upwards around the far side of the sliding
of the looping path traced in the previously described embodi 45 surface 612 and then back and out through an exit 616. In this
ments. It will be understood that other path lengths traversing, embodiment, the exit 616 extends through the sidewall 619.
for example, 240° are also contemplated. The X,Y and Z axes In this embodiment, the sliding path 618 traces a complete
are marked on FIG. 5 at the center point 420 of the sliding cross-over loop where the sliding path 628 crosses over itself.
surface 412. The remainder of the sliding surface 412 curves As noted above, depending on where the exit is positioned, a
outwardly from centerpoint 420. The Z axis is again vertical 50 shorter loop that does not cross over itself may be traced.
and the X and Y axes are orthogonal and defining a plane Also, the sliding path 628 may not encircle the lowest point or
parallel to level ground. The X axis is parallel to the edge 418. a center point of the sliding surface 612.
In the embodiment of FIG. 5, the rider first travels upward Although not present in all of the figures, it will be under
in a positive Z direction and horizontally in a negative X stood that the water slide feature according to embodiment of
direction across the face of the sliding surface 412. The rider 55 the invention may contain a water Supply system for lubricat
then continues to travel upwards but then travels a curve back ing the sliding Surface and recirculating the water through the
in a positive X direction across the face of the sliding Surface water slide.
opposite to the X direction in which the rider is first travelling FIG. 8 depicts another embodiment of the invention. A
while still travelling upward. Notably, the rider in FIG. 5 water slide 710 is provided with an open-sided sliding surface
changes direction to travel from a negative X direction to a 60 712, an inlet 714, and an outlet 716. A sliding path 728 is
positive X direction while still travelling in a substantially shown. In this embodiment, the sliding surface 712 is curved
upwards Z direction the entire time. about three axes but is not necessarily a portion of a sphere or
The diameter of the water rides of this invention may vary any other symmetrical shape. In this embodiment, the sliding
greatly. The water rides may be anything having a circular surface 712 has both an outer edge 718 and an inner edge 721.
diameter of e.g. 150 ft or more or be as small as e.g. 10 ft or 65 The inner edge 721 may be a flattened, humped or otherwise
less for a water slide attraction designed for young children or shaped portion or may be an opening through the sliding
body sliding. Surface 712. If it is an opening, a lip or Small wall may encircle
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the inner edge 721. Similarly, the outer edge 718 may also 9. The water slide feature of claim 1, wherein the ride path
include a lip, small wall or other barrier. However, the wall, crosses under the entry.
lip or other contour which may be present at edges 718 and 10. The water slide feature of claim 1 wherein the entry is
721 do not substantially determine the slide path of the rider. sized and positioned to direct the one or more riders and/or
The path of the rider is substantially determined by the cur 5 ride vehicles upward along the sliding Surface in a continu
vature of the sliding surface 712 as well as characteristics of ously curved path of more than 180 degrees around a center
the rider or vehicle such as weight and weight distribution, point on the sliding Surface from which the sliding Surface
curves outward.
such that the path a rider or vehicle will travel over the surface 11. The water slide feature of claim 1 further comprising an
712 is non-predetermined and may vary from rider to rider. exit adjacent to the entry wherein the entry is sized and
In this embodiment, a rider rides out of the entry 714 up and 10
positioned to direct the one or more riders and/or ride vehicles
around in a looping path similar to that defined in FIGS. 6A along the sliding Surface in a looping path around the sliding
and 6B. In this embodiment, the sliding path 728 does not Surface and out the exit.
cross itself because there is an exit out through the sliding 12. The water slide feature of claim 1 wherein the path has
surface 712 to allow the rider out through the exit 716 and on a first path segment with a first horizontal component of
to other ride destinations. The exit 716 may have a bearm, 15
movement in a first direction across the sliding Surface and a
barrier or other protrusion 717 out from the sliding surface second path segment with an upward vertical component of
712 to help prevent the riders from dropping through the exit movement and a second horizontal component of movement
716 when travelling from the entry 714 onto the sliding sur in a second direction across the sliding Surface opposite to the
face 712 and/or help retain water adjacent the exit 716. first horizontal direction.
FIG. 9 depicts another embodiment in which the water 13. A water slide feature comprising a sliding Surface con
slide 810 has a sliding surface 812. The sliding surface 812 of cave about three axes sized and adapted to carry one or more
this embodiment may include a portion of a funnel shape at riders and/or ride vehicles sliding thereon on a non-predeter
the entry/exit side but a bowl shape at the inward side. The mined path, an entry sized and positioned to direct the one or
embodiment is otherwise similar to the embodiment of FIGS. more riders and/or ride vehicles along the sliding Surface on a
6A and 6B. In the embodiment of FIG. 9A, the rider enters 25
path which is at least partially upward, and
from entry 814, travels a sliding path 828 upward around and further comprising an exit wherein both the entry and the
back down and out through the exit 816. exit are above a low portion of the sliding Surface.
The exit may have a wide mouth, for example, as wide as 14. The water slide feature of claim 13, wherein the exit is
half the diameter of the sliding surface or more to allow for adjacent to the top of the sliding Surface.
riders which travel different slide paths to exit. 30
15. A water slide feature comprising a concave sliding
The entry angle of the rider to level ground in the X,Y and Surface sized and adapted to carry one or more riders and/or
Z directions and the entry velocity of the rider may affect the ride vehicles sliding thereon on a non-predetermined path
ride path as can be seen from a comparison of FIGS. 1 and 2. from an entry to an exit, the entry sized and positioned to
Large circumference rides, e.g. of 40, 60, 100 or 150 feet, direct the one or more riders and/or ride vehicles upward
may be used with multi-person ride vehicles. 35
along the sliding Surface in a continuously curved path of
Numerous modifications and variations of the present more than 180 degrees around a center point on the sliding
invention are possible in light of the above teachings. It is surface from which the sliding surface curves outward;
therefore to be understood that within the scope of the wherein the sliding Surface is a shape approximating one-half
appended claims, the invention may be practiced otherwise of a sphere.
than as specifically described herein. 40 16. The water slide feature of claim 15 wherein the con
I claim: tinuous curved path is more than 240 degrees.
17. The water slide feature of claim 15 wherein the con
1. A water slide feature comprising a sliding Surface con tinuous curved path is more than 360 degrees.
cave about three axes sized and adapted to carry one or more 18. A water slide feature comprising a concave sliding
riders and/or ride vehicles sliding thereon on a non-predeter 45
mined path from an entry to an exit, the entry sized and Surface sized and adapted to carry one or more riders and/or
positioned to direct the one or more riders and/or ride vehicles ride vehicles sliding thereon on an non-predetermined path
along the sliding Surface on a path which is at least partially from an entry to an exit, the entry sized and positioned to
upward; wherein the sliding Surface is a shape approximating direct the one or more riders and/or ride vehicles along the
one-half of a sphere. 50
sliding Surface in a looping path around the sliding Surface
2. The water slide feature of claim 1 wherein the sliding and out an exit adjacent to the entry; wherein the sliding
Surface is open-sided. Surface is a shape approximating one-half of a sphere.
3. The water slide feature of claim 1, wherein the water 19. A water slide feature comprising a concave sliding
slide feature is open topped. Surface sized and adapted to carry one or more riders and/or
4. The water slide feature of claim 1, wherein the water 55
ride vehicles sliding thereon on a non-predetermined path
slide feature is at least partially enclosed. from an entry to an exit, the entry sized and positioned to
5. The water slide feature of claim 1, wherein the sliding direct the one or more riders and/or ride vehicles along the
surface has a diameter of between about 10 and 150 feet. sliding Surface on a path having a first path segment with a
6. The water slide feature of claim 1, wherein the sliding first horizontal component of movement in a first direction
Surface has an open side that is angled to the horizontal 60
across the sliding Surface and a second path segment with an
between 0 and 90 degrees. upward vertical component of movement and a second hori
7. The water slide feature of claim 1, further comprising at Zontal component of movement in a second direction across
least one opening about which the riders and/or ride vehicles the sliding Surface opposite to the first horizontal direction;
travel. wherein the sliding Surface is a shape approximating one-half
8. The water slide feature of claim 1, wherein the exit of a sphere.
crosses under the entry.
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Exhibit 4
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US010369480B2

(12) United States Patent (10) Patent No.: US 10 , 369,480 B2


Hunter (45) Date of Patent: Aug. 6 , 2019
(54 ) WATER SLIDE (56 ) References Cited
(71) Applicant: PROSLIDE TECHNOLOGY INC ., U . S . PATENT DOCUMENTS
Ottawa, Ontario (CA ) 4 ,738 ,590 A 4 / 1988 Butler
4 ,836 ,521 A 6 / 1989 Barber
(72 ) Inventor: Richard D . Hunter, Ottawa (CA ) 5 , 137,497 A 8 / 1992 Dubeta
5 , 171 , 101 A 12 / 1992 Sauerbier et al.
(73 ) Assignee : PROSLIDE TECHNOLOGY INC., 5 ,236 , 280 A 8 / 1993 Lochtefeld
Ottawa (CA ) 5 ,271,692 A 12 / 1993 Lochtefeld
5 ,393 , 170 A 2 / 1995 Lochtefeld
5 , 401, 117 A 3/ 1995 Lochtefeld
( * ) Notice: Subject to any disclaimer, the term of this 5 ,421 ,782 A 6 / 1995 Lochtefeld
patent is extended or adjusted under 35 5 ,564 , 859 A 10 / 1996 Lochtefeld
U .S .C . 154 (b ) by 0 days . 5 ,628, 584 A 5 / 1997 Lochtefeld
5 , 738 ,590 A 4 / 1998 Lochtefeld et al.
(21) Appl. No.: 14 /795,042 5 , 766 , 082
5 , 779 ,553
A
A
6 / 1998 Lochtefeld et al.
7 / 1998 Langford
( 22 ) Filed : Jul. 9 , 2015 (Continued )
(65 ) Prior Publication Data FOREIGN PATENT DOCUMENTS
US 2015 /0314203 A1 Nov. 5 , 2015 CA 2 090 878 3 / 1992
CA 2 328 339 12 / 2001
(Continued )
Related U .S . Application Data
(63) Continuation of application No. 13 / 508 ,477 , filed as OTHER PUBLICATIONS
application No. PCT/CA2010 /001763 on Nov . 12 , European Extended Search Report for EP 10829405 .9 , dated Apr.
2010 , now Pat. No. 9,079, 111. 24 , 2013 .
(Continued )
(60 ) Provisional application No. 61/ 261, 101, filed on Nov . Primary Examiner — Kien T Nguyen
13 , 2009. ( 74 ) Attorney, Agent, or Firm — Finnegan, Henderson ,
Farabow , Garrett & Dunner, L . L . P .
(51) Int. Ci.
A63G 21/ 18 (2006 .01) (57) ABSTRACT
A63G 3 / 00 (2006 .01) A water slide feature comprising a sliding surface concave
U . S . Cl. about three axes. The waterslide feature is sized and adapted
CPC ..... ... A63G 21/ 18 (2013.01) to carry one or more riders and/or ride vehicles sliding
( 58 ) Field of Classification Search thereon on anon -predetermined path . The water slide feature
CPC ... A63G 3 /00 ; A63G 7 /00 , A63G 9 /00 ; A63G has an entry sized and positioned to direct the one or more
21 /00 ; A63G 21/04 ; A63G 21/ 18 riders and /or ride vehicles along the sliding surface on a path
USPC ......... 472/13 , 116 , 117 , 128 ; 104 /53, 69 , 70 which is at least partially upward .
See application file for complete search history . 15 Claims, 9 Drawing Sheets

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US 10 ,369,480 B2
Page 2

(56 ) References Cited 2005/ 0075180 A1


2006 /0194638 A1
4 /2005 Dubeta
8 /2006 Hunter
U . S . PATENT DOCUMENTS 2008/0153610 Al 6 /2008 Braun et al.
2009 /0062025 A1 3 /2009 Hlynka
5 ,899 ,633 A 5 / 1999 Lochtefeld 2009 /0221377 AL 9 /2009 Hlynka
6 , 132,317 A 10 / 2000 Lochtefeld
6 ,319 , 137 B1 11/ 2001 Lochtefeld FOREIGN PATENT DOCUMENTS
6 , 354, 955 B1 3 / 2002 Stuart et al .
6 ,450 , 891 B1 9 /2002 Dubeta CA 2 639 347 2 /2009
6 ,485 , 372 B2 11/ 2002 Stuart et al. 2 656 749 8 / 2009
6 ,491,589 B1 12 / 2002 Lochtefeld CN 101417179 4 /2009
6 ,716 , 107 B2 4 / 2004 Lochtefeld GB 2 224 948 5 / 1990
6 ,743, 107 B2 6 / 2004 Dubeta WO WO 01/ 24899 A1 4 /2001
6 , 857, 964 B2 2 / 2005 Hunter
D521,098 S. 5 / 2006 Hunter
7 ,056 ,220 B2 6 / 2006 Hunter OTHER PUBLICATIONS
D548 ,810 S 8 / 2007 Hunter
D567,322 S 4 /2008 Hunter Search Report, issued in connection with PCT/CA2010 /001763,
D583, 895 S 12 / 2008 Hlynka from the ISA /CA dated Jan . 27 , 2011.
8 , 197,353 B2 6 /2012 Brassard Communication pursuant to Article 94 ( 3 ), Application No. EP 10
8 ,579 ,715 B2 * 11/ 2013 Olive A63G 21/ 18 829 405 .9 , issued from the European Patent Office dated Jun . 21,
472/ 116
D697 , 159 S * 1/ 2014 Altindag ...................... D21/819 2016 .
D706 ,892 S * 6 / 2014 Altindag .... . .. . .. .. . D21/819
2005 /0047869 Al 3/ 2005 Lochtefeld * cited by examiner
Case 6:20-cv-02189-CEM-DCI Document 1-4 Filed 12/01/20 Page 4 of 17 PageID 190

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Case 6:20-cv-02189-CEM-DCI Document 1-4 Filed 12/01/20 Page 13 of 17 PageID 199

US 10 , 369 ,480 B2
WATER SLIDE around a center point on the sliding surface from which the
sliding surface curves outward .
CROSS -REFERENCE TO RELATED According to still another aspect of the present invention ,
APPLICATIONS there is provided a water slide feature comprising a concave
5 sliding surface sized and adapted to carry one or more riders
This is a continuation of application Ser. No. 13 /508,477 and /or ride vehicles sliding there on an non -predetermined
filed Jul. 5 2015 , which is a U .S . national counterpart path , an entry sized and positioned to direct the one ormore
application of international application Ser. No. PCT/ riders and /or ride vehicles along the sliding surface in a
CA2010 /001763 , filed Nov. 12 , 2010 , which claims priority looping path around the sliding surface and out an exit
to U . S . Provisional Application No . 61/ 261, 101, filed Nov. 10 adjacent to the entry .
13 , 2009 all of which are incorporated herein by reference . According to yet another aspect of the present invention ,
there is provided a water slide feature comprising a concave
FIELD sliding surface sized and adapted to carry one or more riders
15 and /or ride vehicles sliding thereon on a non - predetermined
The invention relates in general to water slide rides, and 15 path , an entry sized and positioned to direct the one or more
more particularly, to a water slide ride having a concave riders and /or ride vehicles along the sliding surface on a path
slide feature . having a first path segment with a first horizontal component
BACKGROUND of movement in a first direction across the sliding surface
20 and a second path segmentwith an upward vertical compo
Water slides are popular ride attractions for water parks , nent of movement and a second horizontal component of
theme parks, family entertainment centers and destination movement in a second direction across the sliding surface
resorts . Water slides not only offer welcome relief from the opposite to the first horizontal direction .
summer heat, they also provide an exciting and entertaining In some embodiments the sliding surface is open sided .
diversion from conventional pool and /or ocean bathing 25 In some embodiments the sliding surface is concavely
activities . curved about three axes .
In one type of water slide , a bather or rider slides his body In some embodiments the sliding surface is at least a
and /or a flexible riding mat, tube or raft (" ride vehicle” ) portion of a sphere , an ellipsoid , an ovoid, a paraboloid or
along a downward - inclined sliding surface defined by a a bowl shape .
flume or water channel thatbends, twists and turns following 30 In some embodiments the sliding surface comprises at
a predetermined ride path . The flume also typically carries a least a portion of a cone.
flow of water from a starting pool at some desired higher In some embodiments the water slide feature is open
elevation to a landing pool or run - out at a desired lower topped .
elevation . The water is typically continuously recirculated In some embodiments the water slide feature is partially
from the lower elevation to the higher elevation using one or 35 enclosed .
more pumps and then continuously falls with gravity from In some embodiments the water slide feature is a sub
the higher elevation to the lower elevation flowing along the stantially complete sphere, ellipsoid , or paraboloid .
slide / flumepath . The water provides cooling fun for the ride In some embodiments the sliding surface has a diameter
participants , and also provides a lubricious film or fluid of between about 10 and 150 feet.
between the rider /vehicle and the ride surface so as to 40 In some embodiments the sliding surface is a hemisphere
increase the speed of the rider down the flume path . with a horizontal open side
The popularity ofwater slides has increased dramatically In some embodiments the sliding surface has an open side
over the years, as they have proliferated and evolved into that is angled to the horizontal between 0 and 90 degrees .
ever larger and more exciting rides. Nevertheless, park In some embodiments , the water slide feature further
patrons continue to demand and seek out more and more 45 comprises at least one opening about which the riders and/ or
exciting and stimulating ride experiences . Thus, there is an ride vehicles travel.
ever present demand and need for different and more excit In some embodiments, the water slide feature further
ing water slide designs that offer riders a new and unique comprises an entry and an exit wherein the exit crosses
ride experience and that give park owners the ability to draw under the entry .
larger and larger crowds to their parks . 50 In some embodiments , the water slide feature further
comprises an entry and an exit wherein the ride path crosses
SUMMARY under the entry.
In some embodiments , the water slide feature further
According to one aspect of the present invention , there is comprises and entry and an exit wherein the entry comprises
provided a water slide feature comprising a sliding surface 55 a flume ride .
concave about three axes sized and adapted to carry one or In some embodiments , the water slide feature further
more riders and/ or ride vehicles sliding thereon on a non - comprises an exit wherein the exit is at a low point of the
predetermined path , an entry sized and positioned to direct sliding surface .
the one ormore riders and/ or ride vehicles along the sliding In some embodiments , the water slide feature further
surface on a path which is at least partially upward . 60 comprises a barrier adjacent the exit.
According to another aspect of the present invention , In some embodiments, the water slide feature further
there is provided a water slide feature comprising a concave comprises a barrier for retaining water adjacent the exit .
sliding surface sized and adapted to carry one or more riders In some embodiments the barrier comprises a stopping
and/ or ride vehicles sliding thereon on a non -predetermined pool adapted to allow the rider to stand and exit.
path , an entry sized and positioned to direct the one or more 65 In some embodiments , the water slide feature further
riders and /or ride vehicles upward along the sliding surface comprises an entry and an exit wherein both the entry and
in a continuously curved path of more than 180 degrees the exit are above a low portion of the sliding surface .
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US 10 , 369 ,480 B2
In some embodiments the exit is adjacent to the top of the recirculated back to the water slide conduit 22 and nozzles
sliding surface. 24 so that water can be reused in the ride . Water may be
introduced and drained by other means. For example , there
BRIEF DESCRIPTION OF THE DRAWINGS may be openings across the sliding surface 12 to allow water
5 to be introduced to and / or drained from the sliding surface
Embodiments will now be described with reference to the 12 . The water may also be sprayed onto the sliding surface
attached drawings in which : 12 from an external source such as a sprayer overhanging the
FIG . 1 is a perspective view of a water slide according to waterslide 10 . Other lubricants may also be used or the use
a first embodiment; ofwater or other lubricants may be eliminated . For example ,
FIG . 2 is a perspective view of a water slide according to 10 if the sliding surface 12 and the bottom of a ride vehicle are
a second embodiment; formed of or coated with an appropriate material, such as
FIG . 3 is a perspective view of a water slide according to teflonTM , the use of a lubricant may be unnecessary. The
a third embodiment; lubricant may also be coated on the bottom of or sprayed
FIG . 4 is a perspective view of a water slide according to from the riding vehicle or rider.
a fourth embodiment; 15 The entry 14 in this embodiment is a flame which can be
FIG . 5 is a perspective view of a water slide according to either open or closed . Other embodiments may include
a fifth embodiment; entering from other water slides or a rider and/or ride vehicle
FIG . 6A is a side view of a water slide according to a sixth starting the ride by entering the sliding surface by a plat
embodiment; form , stairs or other means to climb to the edge 18 and start
FIG . 6B is a perspective view of the water slide of FIG . 20 riding from that point. In some embodiments, the entry may
6A ; be through the side of the water slide 10 rather than over the
FIG . 7 is a perspective view of a water slide according to edge 18 . In this embodiment, the entry 14 directs the rider
a seventh embodiment; initially in an angled downward direction as the rider enters
FIG . 8 is a perspective view of a water slide according to the sliding surface 12 . The path of the rider willbe discussed
an eighth embodiment ; 25 in further detail below .
FIG . 9A is a side view of a water slide according to a ninth The exit 16 of this embodiment is also along the edge 18
embodiment; of the water slide 10 . In this embodiment, the exit 16 is a
FIG . 9B is a perspective view of the water slide of FIG . flume (either open or enclosed ), which is adjacent to but
9A . spaced apart from the entry 14 along the edge 18 . The exit
30 may have a wide opening to enable riders on a variety of ride
DETAILED DESCRIPTION paths to exit . The location and shape of the entry 14 and the
exit 16 may be varied depending on the size and shape of the
FIG . 1 depicts a water slide 10 in accordance with a first sliding surface 12 and the coefficient friction of the rider on
embodiment. Water slide 10 includes a sliding surface 12 , an the sliding surface 12 .
entry 14 to the sliding surface 12 and an exit 16 from the 35 The sliding surface 12 of this embodiment, as noted
sliding surface 12 . above, is generally in the shape of the inside of one half of
In this embodiment, the sliding surface 12 has a shape that a sphere . For ease of reference , three mutually orthogonal
is based on the inside surface of one half of an approximate positive axes or directions X , Y and Z have been marked at
sphere . The sliding surface 12 has an edge 18 and center the center point 20 . The negative axes or directions are
point 20 , from which the sliding surface 12 curves outward . 40 opposite to these axes. The sliding surface 12 in this
In this embodiment, the center point 20 is the approximate embodiment is oriented such that the center point 20 is the
geometric center of the sliding surface 12 . The bowl shape lowest point of the sliding surface relative to level ground .
sliding surface 12 is approximately symmetrical about the The edge 18 is parallel to level ground . The planed defined
center point 20 , although the edge 18 may be angled in any by the X and Y axes is parallel to solid ground. The Z axis
direction relative to level ground. This means that the center 45 is perpendicular to solid ground , oriented upward , parallel
point 20 may be the lowest point of the sliding surface 12 if but opposite to the direction of gravity . It will be appreciated
the edge 18 is parallel to level ground . The center point 20 that the sliding surface is curved inward or concave relative
will notbe the lowest point of the sliding surface 12 if the to all three of the X , Y and Z axes such that the sliding
edge 18 is not parallel to level ground . surface is concave about three axes.
The edge 18 may include a lip or small wall that projects 50 In this embodiment, the sliding surface is smooth and
outwardly over the sliding surface 12 . Such a lip or small open -sided such that the rider can potentially ride over any
wall can provide a safety feature for the sliding surface 12 part of the sliding surface 12 . This is in contract to a flume
by preventing riders, ride vehicles or water from traveling ride which includes walls or channels to guide the rider
beyond the edge 18 . along a predetermined path . In the water slide 10 , for at least
In this embodiment, adjacent to the edge 18 is a water 55 a portion of the ride experience , the path of the rider is not
supply conduit 22 . The water supply conduit includes a predetermined by walls or channels on the sliding surface
number or nozzles, holes or perforations 24 . The water 12 .
supply conduit is connected to a source of water ( not The sliding path 28 is an exemplary sliding path which a
shown ). The water supply conduit 22 is used to circulate rider might travel on the water slide 10 . The exemplary
water through the water slide 10 and spray water onto the 60 sliding path 29 is described below to provide an exemplary
sliding surface 12 through the nozzles 24 to maintain at least description of a ride path that a rider might travel when the
part of the sliding surface 12 lubricated with water. The water slide 10 is symmetrical about level ground with the Z
water is pumped to the sliding surface 12 through the water axis parallel to the direction of gravity . The ride directions
supply conduit 22 and out through the nozzles 24 . The water are for clarity of explanation only and do not limit the ride
then flows down the sliding surface 12 . 65 path to a particular direction . The sliding path 28 can be
The sliding surface 12 may include a drain 26 through broken down into a number of segments 30 , 32 , 36 , 38 and
which water can drain out of the water slide 10 and be 40.
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US 10 , 369,480 B2
When the rider enters the sliding surface 12 from the entry velocity at vertical high point 34 , the rider will still be
14 , the rider has a certain velocity and direction of travel. In
travelling in the X and /or Y directions and will have Z and/ or
the first segment 30 of the sliding path 28 , the rider may Y velocity .
come out of the entry 14 and may be directed downward to Although only half of a sphere is depicted in FIG . 1 it will
move in a negative Z direction , partially horizontally in a 5 be appreciative that, less than half a sphere can be used ,
positive X direction , and partially horizontally in a negative more than half a sphere can be used , or a full sphere may be
Y direction across the sliding surface 12 . The momentum of provided with the ride completely enclosed except for the
the rider may cause the rider to move up the far side of the be entry 14 and the exit 16 . The ride may contain lights or may
sliding surface 12 along a second segment 32 of the sliding 10 thandark , depending on the desired effect . If a sphere or more
half of sphere is provided , the positioning of the water
path 28 . Along the second segment 32 the rider may move supply conduit 22 may be altered and the water supply
upward in a positive Z direction, with partially horizontally conduit 22 or other water supply means may be from the
in a positive X direction , and a component of movement outside of the sliding surface 12 and sprayed in through the
partially horizontally in a positive Y direction across the sliding surface 12 such that the riders may slide over the
sliding surface 12 . In the transition from the segment 30 to 1515 water supply without altering their sliding experience .
the segment 32, the vertical Z component and the horizontal As previously noted , at least a portion of the path of the
Y component of the direction of travel of the rider are riders is non -predetermined . Instead , the path will be deter
reversed from positive to negative such that the rider moves mined , at least partly, for example , by the mass of the rider
upward back across the sliding surface 12 . or ride vehicle , their initial angle at which they enter the
The rider then moves into the third segment 36 of the 20 sliding surface 12 and their initial velocity . For example ,
sliding path 28 . In the transition between the second segment FIG . 2 shows a water slide 110 which is similar to water
32 and the third segment 36 , the rider may reach a certain slide 10 depicted in FIG . 1 . Water slide 110 will be described
vertical point 34 of travel. In this exemplary ride path 28 , the only in respect of how it differs from water slide 10 . The
vertical point 34 is the highest vertical assent of the rider. In water slide 110 has a sliding surface 112 , and entry 114 and
the segment 36 , the rider may move downward in a negative 25 an exit 116 .
Z direction, partially horizontally in a negative X direction , The difference between the water slide 110 and the water
and partially horizontally in a positive Y direction across the slide 10 is the difference in the downward angle and the X ,
sliding surface 12 . In the transition from the segment 32 to Y direction and location of the entry 14 and the exit 16 . As
the segment 36 , the vertical Z component of the direction of can be seen from comparing FIG . 1 and FIG . 2 , the angle of
travel of the rider and the horizontal X component of the 30 the entry 114 in FIG . 2 is a shallower angle than the angle
direction of travel of the rider are reversed such that the rider of the entry 14 in FIG . 1 such that the rider when entering
travels downward back towards the entry 14 . from entry 14 in FIG . 1 may be directed more downwardly
The segments 32 and 36 together can be seen as a loop , whereas the rider entering the sliding surface 112 from the
which , rather than sending the rider back along the path they entry 114 in FIG . 2 may be directed more laterally across the
have just taken when a highest vertical assent is reached , 35 sliding surface 112 . The rider of the water slide 110 may
may send the rider across the face of sliding surface 12 with trace an exemplary sliding path 128 as shown in FIG . 2 . It
a continuing forward movement in the Y direction . willbe appreciated that the sliding path 128 may be different
In the transition between the third segment 36 and the from the sliding path 28 . However, there are commonalities
fourth segment 38 of the sliding path 28 , the rider may reach between the two riding paths 28 and 128 . For example , both
a relatively low point of travel along the sliding surface 12 40 riding paths may travel first downward from the entry and
between the segments 36 and 38 . The rider then moves into then upward , back across and then intersecting the original
the fourth segment 38 as the rider moves upward in the path such that the sliding paths 28 and 128 both trace a
positive Z direction , partially horizontally in a negative X looping path across the sliding surfaces 12 and 112 .
direction , and partially horizontally in a negative Y direction It can be appreciated that the change from the configu
across the sliding surface 12 . In the transition from the 45 ration of FIG . 1 to the configuration of FIG . 2 may not
segment 36 to the segment 38 , the vertical Z component of require completely different water slides and instead the
the direction of travel of the rider and the horizontal Y entry 14 may be moveable to the position of the entry 114
component of the direction of travel of the rider are reversed and similarly the exit 16 may be moveable to the position of
In the fifth segment 40 , the sliding path 28 crossed over the exit 116 such that the water slide may be adapted to
the first segment 30 of the sliding path 28 completing a 360° 50 define a number of potential sliding paths in a single water
loop , and the rider may travel upward and out through the slide 10 . Alternatively, users may be given the option of
exit 16 . It will be noted that the component of the movement multiple possible in runs , each providing a different ride
of the rider in the direction of the X , Y and Z axes is never experience .
reversed for all three axes at the same time. The direction of Numerous other shapes and configurations of sliding
movement, always remains the same for the X or Y axis . For 55 surfaces may be used . FIG . 3 shows a water slide 210 which
example , in the transition from segment 30 to 32 , the X is also based on an approximate half -sphere sliding surface .
component of movement remains in the positive direction The water slide 210 differs from the water slides depicted in
and in the transition from segment 32 to 36 , the Y compo - FIGS. 1 and 2 in several ways. The water slide 210 has a
nent of movement remains in the positive direction . sliding surface 212 , an entry 214 , an exit 216 and an edge
It can be seen that one sliding path 28 of this embodiment 60 218 . The water slide 210 is shown as positioned relative to
describes a looping path in which the path loops around the level ground 211 . The distance between level ground 211
center point 20 traveling up , over, back down, around and and the water slide 210 may be varied and the water slide
intersecting the original sliding path 28 before exiting the 210 may or may not rest on the level ground 211.
water slide . As can also be seen , the rider changes direction The edge 218 of this embodiment may not be horizontal,
along the riding path 28 without necessarily ever having to 65 i.e . parallel to the level ground 211 . Instead , the edge 218
transition through a period of low or near zero velocity . For may be angled relative to the level ground 211 . The entry
example, although the rider may have a zero vertical or Z 214 and the exit 216 may be positioned along the less
Case 6:20-cv-02189-CEM-DCI Document 1-4 Filed 12/01/20 Page 16 of 17 PageID 202

US 10 , 369,480 B2
elevated portion of the edge 218 . Also , in this embodiment, travelling while still travelling upward . Notably, the rider in
the exit 216 may not be positioned at the edge 216 . Instead , FIG . 5 changes direction to travel from a negative X
the exit 216 may be through a side wall 219 of the water direction to a positive X direction while still travelling in a
slide 210 . This means that the ridermay not need to have the substantially upwards Z direction the entire time.
momentum the rider would need to ride up and over the edge 5 The diameter of the water rides of this invention may vary
218 as might be required in the water slides of FIGS. 1 and greatly. The water rides may be anything having a circular
2 . It will be appreciated that the exits 16 and 116 could be diameter of e .g . 150 ft or more or be as small as e .g . 10 ft
similarly positioned through a side wall rather than over the or less for a water slide attraction designed for young
edges 18 and 118 of the waters slides 10 and 110 . The entry
214 of the water slide 210 may be positioned at a steep 10 children. or6Abody sliding .
enough angle so that the rider or ride vehicle travelling along be FIGS and 6B depict another embodiment which may
used either for large or small diameter rides. FIGS . 6A
the sliding path 228 may have sufficientmomentum to travel
up and around the looping path and out through the exit 216 and 6B depict side and front perspective views of a water
as shown in FIG . 3 . slide 510 . The water slide 510 has a sliding surface 512 , an
As with FIGS. 1 and 2 . in this embodiment the rider or 15 entry 514 , an exit 516, an edge 516 and a sliding path 528 .
ride vehicle alsoivetravels a level
looping path . The, according
angle of the theThe water slide 510 also has a geometric center point 520 of
edge 218 relative toto the
the level ground
ground 211
211 , according toto sliding surface 512 .
embodiments of the invention may vary anywhere from 0° In this embodiment, the edge 518 is vertical. Sliding
to 90° or more . Depending on the angle chosen and the surface 512 is based on a half -sphere . In this embodiment,
configuration of the slide surface and entry and exit , riders 20 the sliding path 528 may or may not circle the center point
can be given the visual and physical sensation of travelling 520 depending on , for example , the weight of the rider or
a hear -vertical loop, even though the path they travelmay be riders, their weight distribution , their initial velocity and
actually angled relative to the vertical. their entry angle. Sliding path 528 still traces a looping path
FIG . 4 shows a water slide 310 having a sliding surface in which the riders ' horizontal movement may be reversed
312 , an edge 318 , an inlet 314 , an outlet 316 , a center point 25 throughout the loop and the loop of the sliding path 528 may
320 and a sliding path 328 . As with the embodiments of cross itself . In this embodiment, the rider may be directed
FIGS. 1 to 3 , the embodiment of FIG . 4 is based on a half through the entry 514 along the sliding path 528 and out
sphere sliding surface 312 although other shapes could be through the exit 516
used . In this embodiment, like the embodiment of FIG . 3 , the In some embodiments , particularly if this water slide 510
edge 318 may be angled to level ground 311 with the entryty 3030 isis used
314 and the exit 316 being positioned adjacent the lowest pool intoforwhich the young, the exit 516 may be a shallow stopping
the rider drops or may be a wide run out area
point of the edge 318 . In this embodiment, the entry 314 which will allow the rider to slow down, stop and then stand
extends over the exit 316 such that the sliding path 328 does to exit. Similarly, the entry 517 may simply be fed by a body
not cross itself on the sliding surface 312 . Instead , the exit
316 is below the entry 314 . The sliding path 328 still traces 35 " slidethewhich
5 water the rider climbs up to and then rides down
a looping path around center point 320 of the sliding surface andTheintoembodiments
water slide 510 .
depicted in FIGS . 1 to 6B depict a
312 . In other embodiments , neither the sliding path nor the
entry and exit overlap . For example , the entry may be to the sliding surface which has a curvature based on that of a
left of the exit in FIG . 4 . portion of a sphere . However, embodiments are not limited
FIG . 5 shows another embodiment of the invention . In 40 to spherical sliding surfaces. Other embodiments encompass
this embodiment, a water slide 410 includes a sliding surface portions of ovoid , ellipsoid , paraboloid and other bowl
412, an edge 418 , an entrance 414 , an exit 416 and a sliding shaped sliding surfaces as well as irregular surfaces
path 428 . It can be seen that in this embodiment, the water designed to achieve the same looping effect as described
slide 410 may not be a complete half-sphere . The water slide above .
410 may be formed from a portion of a half -sphere but not 45 FIG . 7 depicts a water slide 610 having a sliding surface
a complete half -sphere . The sliding path 428 in this embodi- 612 , an edge 618 , a sidewall 619 , an entrance 614 and an exit
ment may be shorter and , for example 180°, based on the 616 . A sliding path 628 is also shown. In this embodiment,
positioning of the exit 416 relative to the entrance 414 . In the sliding surface 612 may not be defined by a portion of
this embodiment, the entrance 414 is an enclose flume a sphere . Instead , the sliding surface 612 is a bowl-shape
adjacent the low point of the edge 418 but the exit 416 is an 50 which
w may be roughly ellipsoid in shape.
enclosed flume adjacent the high point of the edge 418 . This The edge 618 of the sliding surface 612 is angled from
results in the sliding path 428 tracing a looping path only level ground 611 toward the entrance 614 . In other words,
about one half of the looping path traced in the previously the axis of curvature of the sliding surface 612 may not be
described embodiments. It will be understood that other path
lengths traversing, for example , 240° are also contemplated . 55 vertical, but rather angled relative to level ground 611 . As
The X , Y and Z axes are marked on FIG . 5 at the center point noted above , the angle may vary anywhere from e . g . 0° to
90°. The entry 614 may be angled to direct the rider
420 of the sliding surface 412 . The remainder of the sliding
surface 412 curves outwardly from center point 420 . The Z downwards along the sliding path 628 and then upwards
axis is again vertical and the X and Y axes are orthogonal around the far side of the sliding surface 612 and then back
and defining a plane parallel to level ground . The X axis is 60 and out through an exit 616 . In this embodiment, the exit616
parallel to the edge 418 . extends through the sidewall 619 . In this embodiment, the
In the embodimentof FIG . 5 , the rider first travels upward sliding path 618 traces a complete cross -over loop where the
in a positive Z direction and horizontally in a negative X sliding path 628 crosses over itself. As noted above, depend
direction across the face of the sliding surface 412 . The rider i ng on where the exit is positioned , a shorter loop that does
then continues to travel upwards but then travels a curve 65 not cross over itself may be traced . Also , the sliding parts
back in a positive X direction across the face of the sliding 628 may not encircle the lowest point or a center point of the
surface opposite to the X direction in which the rider is first sliding surface 612 .
Case 6:20-cv-02189-CEM-DCI Document 1-4 Filed 12/01/20 Page 17 of 17 PageID 203

US 10 ,369,480 B2
10
Although not present is all of the figures , it will be I claim :
understood that the water slide feature according to embodi 1. A water slide feature comprising a spherical sliding
ment of the invention may contain a water supply system for surface adapted to carry one or more riders and/ or ride
lubricating the sliding surface and recirculating the water vehicles sliding thereon from an entry to an exit , the entry
through the water slide . 5 sized and positioned to direct the one or more riders and/or
FIG . 2 depicts another embodiment of the invention . A ride vehicles along the sliding surface on a path which is at
water slide 710 is provided with an open -sided sliding least partially upward and having a first path segment with
surface 712 , an inlet 714 , and an outlet 716 . A sliding path a first horizontal component of movement in a first direction
728 is shown . In this embodiment, the sliding surface 712 is
curved about three axes but is not necessarily a portion of a 10 across the sliding surface and a second path segment with an
sphere or any other symmetrical shape. In this embodiment, upward vertical component of movement and a second
horizontal component of movement in a second direction
the sliding surface 712 has both an outer edge 718 and an
inner edge 721. The inner edge 721 may be a flattened , tion across the sliding surface opposite the first horizontal direc
humped or otherwise shaped portion or may be an opening the sliding ; and wherein the entry is substantially perpendicular to
surface where the entry meets the sliding surface .
through the sliding surface 712 . If it is an opening, a lip or 15 2 . The waterslide
small wall may encircle the inner edge 721. Similarly , the feature of claim 1 wherein the entry is
outer edge 718 may also include a lip , small wall or other above the exit .
barrier. However, the wall , lip or other contour which may 3. The waterslide feature of claim 2 wherein the entry is
be present at edges 718 and 721 do not substantially deter on a side of the sliding surface .
4 . The waterslide feature of claim 3 wherein the exit is at
mine the slide paths of the rider. The path of the rider is 20 a bottom
substantially determined by the curvature of the sliding of the sliding surface .
surface 712 as well as characteristics of the rider or vehicle 5 . The waterslide feature of claim 3 wherein the exit is
such an weight and weight distribution , such that the path a above a bottom of the sliding surface .
10
rider or vehicle will travel over the surface 712 is non s sized 6 . The waterslide feature of claim 5 wherein the entry is
predetermined and may vary from rider to rider. 25 size andand positioned
positioned toto direct
be the one or more riders and / or
In this embodiment, a rider rides out of the entry 714 up ride on a path which intersects itself on the sliding surface .
and around in a looping path similar to that defined in FIGS . 7 . The waterslide feature of claim 1 wherein the entry is
6A and 6B . In this embodiment, the sliding path 728 does sized and positioned to direct the one or more riders and /or
not cross itself because there is an exit out through the ride vehicles on a path which intersects itself on the sliding
sliding surface 712 to allow the rider out through the exit 30 S 8 . The waterslide feature of claim 1 wherein the entry is
716 and on to other ride destinations. The exit 716 may have sized and positioned to direct the one or more riders and /or
a bearm , barrier or other protrusion 717 out from the sliding
surface 712 to help prevent the riders from dropping through ride vehicles about a continuous path of at least 360 degrees
the exit 716 when travelling from the entry 714 onto the about the sliding surface .
sliding surface 712 and /or help retain water adjacent the exit 35 9 . The waterslide feature of claim 1 wherein the water
716 . slide feature is a substantially complete sphere .
FIG . 9 depicts another embodiment in which the water 10 . The waterslide feature of claim 1 further comprising
slide 810 has a sliding surface 812 . The sliding surface 812 a barrier for retaining water adjacent the exit .
11. The waterslide feature of claim 1 wherein both the
of this embodiment may include a portion of a funnel shape
entry anand the exit are above a low portion of the sliding
at the entry / exit side but a bowl shape at the inward side . The 40 entry
embodiment is otherwise similar to the embodiment of FIG . surface .
12 . A water slide feature comprising a spherical sliding
6A and 6B . In the embodiment of FIG . 9A , the rider enters
from entry 814 , travels a sliding path 828 upward around surfacevehicles
adapted to carry one or more riders and/ or ride
sliding thereon from an entry to an exit , the entry
and back down and out through the exit 816 .
45 sized
The exit may have a wide mouth , for example, as wide as 45 Sride and positioned to direct the one or more riders and /or
! vehicles
half the diameter of the sliding surface or more to allow for partially upward along the sliding surface on a path at least
riders which travel different slide paths to exit . ; wherein the path is a continuous curved
The entry angle of the rider to level ground in the X , Y and path of substantially 180 degrees; wherein the entry is
Z directions and the entry velocity of the rider may affect the substantially parallel to the exit ; and wherein the entry and
ride path as can be seen from a comparison of FIGS. 1 and 5050 exit are on opposite sides of the sliding surface .
13 . The waterslide feature of claim 12 wherein the entry
2. and the exit are at substantially the same height.
Large circumference rides, e .g . of 40 ,60 , 100 or 150 feet, 14 . The waterslide feature of claim 12 wherein both the
may be used with multi-person ride vehicles. entry and the exit are above a low portion of the sliding
Numerous modifications and variations of the present
invention are possible in light of the above teachings . It is 55 su 15 . The waterslide feature of claim 12 wherein the water
therefore to be understood that within the scope of the slide feature is a substantially complete sphere.
appended claims, the invention may be practiced otherwise
than as specifically described herein . * *
Case 6:20-cv-02189-CEM-DCI Document 1-5 Filed 12/01/20 Page 1 of 8 PageID 204

Exhibit 5
Case 6:20-cv-02189-CEM-DCI Document 1-5 Filed 12/01/20 Page 2 of 8 PageID 205

USOOD892960S

(12) United States Design Patent (10) Patent No.: US D892,960 S


Hunter (45) Date of Patent: ** Aug. 11 , 2020
(54 ) WATER RIDE 5,554,074 A * 9/1996 Von Parrish A63B 9/00
472/116
(71) Applicant: ProSlide Technology Inc., Ottawa (CA ) D388,148 S * 12/1997 Sutton D21 /818
5,735,748 A * 4/1998 Meyers A63G 21/18
472/116
(72 ) Inventor: Richard D. Hunter, Ottawa (CA ) D460,511 S 7/2002 Van Deusen D21/818
6,419,587 B1 * 7/2002 Geyer A63G 21/00
(73 ) Assignee : ProSlide Technology Inc., Ottawa (CA ) 472/116
D21/818
D619,186 S 7/2010 Strall
(** ) Term : 15 Years D629,861 S 12/2010 Cuttell D21/821
7,854,662 B2 * 12/2010 Braun A63G 21/18
472/116
(21) Appl. No.: 29 /666,244 D637,253 S 5/2011 Hunter D21/819
D641,823 S * 7/2011 Hunter D21/819
(22 ) Filed : Oct. 11 , 2018 (Continued )
(30 ) Foreign Application Priority Data OTHER PUBLICATIONS
Apr. 16 , 2018 (CA ) 180884 Opposition issued in Turkish Design application No. 2018/06033
(51) LOC ( 12 ) CI. 21-03 ( 28 pages ).
(52 ) U.S. CI. ( Continued )
USPC D21 /819
(58 ) Field of Classification Search Primary Examiner — Mitchell I. Siegel
USPC D21/811 , 814 , 818-822 (74 ) Attorney, Agent, or Firm — Finnegan , Henderson,
??? ...... A63G 21/ 00–21/ 22 Farabow , Garrett & Dunner, L.L.P.
See application file for complete search history. (57) CLAIM
(56 ) References Cited The ornamental design of a water ride , as shown and
described .
U.S. PATENT DOCUMENTS
DESCRIPTION
908,034 A * 12/1908 Pyleck B65G 11/103
182/48
2,465,187 A * 3/1949 Barrabee A63G 21/02 FIG . 1 is a perspective view of a water ride showing my new
104/69 design ;
D256,940 S* 9/1980 Allen , 3rd D21/819 FIG . 2 is a front view thereof;
D266,346 S* 9/1982 Millay D21/819 FIG . 3 is a rear view thereof;
D269,104 S* 5/1983 Brown D21/819 FIG . 4 is a left side view thereof;
D269,105 S* 5/1983 Brown D21 /819
FIG . 5 is a right side view thereof;
D269,106 S 5/1983 Brown D21/819
D269,107 S* 5/1983 Brown D21/819 FIG . 6 is top view thereof; and ,
D328,119 S* 7/1992 Matsch D21/821 FIG . 7 is a bottom view thereof.
5,505,663 A * 4/1996 Goulart A63G 21/00
14/70 1 Claim , 5 Drawing Sheets

GDDDDDD
Case 6:20-cv-02189-CEM-DCI Document 1-5 Filed 12/01/20 Page 3 of 8 PageID 206

US D892,960 S
Page 2

( 56 ) References Cited 2009/0017927 A1 * 1/2009 Shozi A63G 21/18


472/117
U.S. PATENT DOCUMENTS 2009/0143155 A1 * 6/2009 Werner A63G 21/18
472/117
8,430,760 B2 * 4/2013 Brassard A63G 21/18 2011/0287848 A1 * 11/2011 Bradley A63G 21/18
472/117 472/117
D743,497 S * 11/2015 Eroglu D21/818 2017/0106295 A1 * 4/2017 Hunter A63G 21/18
D758,517 S * 6/2016 Gonzalez D21/818
9,486,711 B2 * 11/2016 Brassard A63G 21/00 OTHER PUBLICATIONS
D806,816 S * 1/2018 Forbes D21 /818
D821,525 S * 6/2018 Green D21/814 Opposition issued in Turkish Design application No. 2018/06034
10,046,245 B1 8/2018 Whincup A63G 31/02 (29 pages )
D838,331 S * 1/2019 Oszoz D21 /819 Opposition issued in Turkish Design application No. 2018/06037
D838,799 S * 1/2019 Ozsoz D21 /819 (23 pages ).
D838,800 S 1/2019 Ozsoz D21/819 Decision from the Turkish re -examination board rejecting opposi
10,166,483 B2 * 1/2019 Brassard A63G 21/18 tion to Turkish Design application No. 2018/06033 (2 pages).
2006/0252563 A1 * 11/2006 Werner A63G 21/18 Decision from the Turkish re -examination board rejecting opposi
472/117 tion to Turkish Design application No. 2018/06034 (2 pages).
2007/0087849 A1 * 4/2007 Henry A63G 3/00 Decision from the Turkish re -examination board rejecting opposi
472/117 tion to Turkish Design application No. 2018/06037 (2 pages).
2007/0087850 A1 * 4/2007 Henry A63G 3/00
472/117 * cited by examiner
Case 6:20-cv-02189-CEM-DCI Document 1-5 Filed 12/01/20 Page 4 of 8 PageID 207

U.S. Patent Aug. 11, 2020 Sheet 1 of 5 US D892,960 S

FIG
1
.
Case 6:20-cv-02189-CEM-DCI Document 1-5 Filed 12/01/20 Page 5 of 8 PageID 208

U.S. Patent Aug. 11 ,2020 Sheet 2 of 5 US D892,960 S

()

?
??

.
FIG
2 3
.
FIG
Case 6:20-cv-02189-CEM-DCI Document 1-5 Filed 12/01/20 Page 6 of 8 PageID 209

U.S. Patent Aug. 11, 2020 Sheet 3 of 5 US D892,960 S

FIG
5
.

FIG
4
.
Case 6:20-cv-02189-CEM-DCI Document 1-5 Filed 12/01/20 Page 7 of 8 PageID 210

U.S. Patent Aug. 11, 2020 Sheet 4 of 5 US D892,960 S

UUUUUU
LAPLAPU LOPIEPLE

6
.
FIG
Case 6:20-cv-02189-CEM-DCI Document 1-5 Filed 12/01/20 Page 8 of 8 PageID 211

U.S. Patent Aug. 11, 2020 Sheet 5 of 5 US D892,960 S

POB AB OBOR

7
.
FIG

??
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Exhibit 6
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Exhibit 7
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Case 6:20-cv-02189-CEM-DCI Document 1-7 Filed 12/01/20 Page 7 of 7 PageID 235
Case 6:20-cv-02189-CEM-DCI
JS 44 (Rev. 10/20) Document
CIVIL COVER1-8 SHEET
Filed 12/01/20 Page 1 of 1 PageID 236
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
ProSlide Technology Inc.
WhiteWater West Industries, Ltd.
(b) County of Residence of First Listed Plaintiff Ontario, Canada County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

King, Blackwell, Zehnder & Wermuth, P.A., 25 E. Pine


St., P.O. Box 1631, Orlando, FL 32802 (407)422-2472
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government ✖ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6


Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability ✖ 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
✖ 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. 271
VI. CAUSE OF ACTION Brief description of cause:
Patent infringement
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ✖ Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
December 1, 2020 /s/ Taylor F. Ford
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE


Case 6:20-cv-02189-CEM-DCI Document 1-9 Filed 12/01/20 Page 1 of 2 PageID 237

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
MiddleDistrict
__________ Districtof
of__________
Florida

ProSlide Technology Inc. )


)
)
)
Plaintiff(s) )
)
v. Civil Action No. 6:20-cv-2189
)
WhiteWater West Industries, Ltd. )
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) WhiteWater West Industries Ltd.


6700 McMillan Way
Richmond, BC Canada V6W 1J7

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Taylor F. Ford, Esq.
King, Blackwell, Zehnder & Wermuth, P.A.
25 East Pine Street
Orlando, Florida 32801

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
Case 6:20-cv-02189-CEM-DCI Document 1-9 Filed 12/01/20 Page 2 of 2 PageID 238

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 6:20-cv-2189

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)


was received by me on (date) .

u I personally served the summons on the individual at (place)


on (date) ; or

u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

u I returned the summons unexecuted because ; or

u Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

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