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Wave Loch is Validated by USPTO in American Wave Machines Patent Suit


March 18th, 2012

Wave Loch and the Law Offices of Knobbe, Martens, Olson & Bear LLP announced today that the United States Patent and Trademark Office (USPTO) has confirmed the patentability of the claims in U.S. Patent No. 5,564,859, which Wave Loch Inc. asserted in its patent infringement claim against American Wave Machines, Inc. (AWM).
“This was a great victory for Wave Loch as it confirms that Wave Loch’s patent rights are valid and disavows American Wave Machines’ claim of fair use”, stated Wave Loch COO, Marshall Myrman.
AWM is a Solana Beach company whose CEO, Bruce McFarland, worked eight years for Wave Loch as a contract engineer.  In 2008, Wave Loch sued AWM claiming infringement of three patents.  Two of the patents have since expired, but the ‘859 patent remains in force and infringed by AWM.  AWM aggressively sought to delay the lawsuit and attack the patents by using the Patent Office’s reexamination process.  In fact, AWM has initiated three reexaminations of the ‘859 patent.
“This litigation has been dragging through reexamination for years”, stated Tom Lochtefeld, inventor and CEO of Wave Loch.  “It is time for people to realize that they must be truly innovative, and not just copy someone’s intellectual property.”
On February 17, 2012 the USPTO issued a Notice of Intent to Issue an Ex Parte Reexamination Certificate confirming the patentability of all of the ‘859 patent claims that Wave Loch is asserting against AWM.
“I couldn’t be more pleased with the outcome. This is a complete, unequivocal victory and vindication for Wave Loch,” said Lochtefeld. “At this point, Wave Loch has little left to prove. The Patent Office’s final confirmation of all of the asserted claims verifies what we have known all along, Wave Loch’s technology is truly the benchmark for artificial wave technology.  Hopefully this will send a message to others out there that try to take liberties with our intellectual property.”
Wave Loch, Inc. is based in San Diego and represented by Knobbe, Martens, Olson & Bear LLP.
Solana Beach based, AWM is represented by The Cabrera Firm, in association with the Law Offices of Manuel de la Cerra.

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