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Plaintiff,
COMPLAINT FOR PATENT INFRINGEMENT
v. AND DEMAND FOR JURY TRIAL
Defendant.
attorneys, files this Complaint against WhiteWater West Industries, Ltd. (“WhiteWater”)
seeking damages and other relief for patent infringement, and alleges as follows:
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
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
THE PARTIES
place of business at 150-2650 Queensview Drive, Ottawa, Ontario, Canada K2B 8H6.
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.
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
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
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 3 of 43 PageID 3
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
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
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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
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
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
and “ActiveWaterPlay” structures via its TOPSY-TURVY and RIDEHOUSE rides in 2010;
4
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 5 of 43 PageID 5
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
12. In some slide-based rides, riders enter the ride at a high elevation and travel to
sliding, portions of a water slide may be lubricated with a volume of water. ProSlide’s
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
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.
FlyingSAUCER® technology has spawned imitators. Chief among these has been
WhiteWater, which has been busy copying ProSlide’s FlyingSAUCER® design to sell knock-
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
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
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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
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
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ride on WhiteWater’s website13 confirms that the ride infringes numerous claims of ProSlide’s
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
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
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
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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
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
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fast speeds. Alongside each other, you’ll zip through multiple passes of outrageousness and
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
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
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.
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”).
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.
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
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.
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
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.
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
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.
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
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.
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
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.
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 10,702,783 B2
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
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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
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
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
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
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
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a sliding surface in
communication with the inrun
and the outrun;
14
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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.
the right to modify the description, including, for example, on the basis of information about
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
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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
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
COUNT II
INFRINGEMENT OF U.S. PATENT NO. 10,500,508 B2
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
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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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
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
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
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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
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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.
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
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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
COUNT III
INFRINGEMENT OF U.S. PATENT NO. 10,702,783 B2
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
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
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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:
30
Original images obtained from https://www.whitewaterwest.com/en/products/water-slides/icons/orbiter/ (last
visited Nov. 30, 2020).
21
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a sliding surface in
communication with the inrun
and the outrun;
22
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69. In addition, each and every element of Claims 1-40, 42, and 43 of the ’783
the right to modify the description, including, for example, on the basis of information about
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
31
See https://ca.linkedin.com/in/luc-benac-3948979 (last visited Nov. 25, 2020).
23
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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
COUNT IV
INFRINGEMENT OF U.S. PATENT NO. 10,500,508 B2
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
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
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
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:
32
Original images obtained from https://www.whitewaterwest.com/en/products/water-slides/icons/orbiter/ (last
visited Nov. 30, 2020).
25
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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.
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
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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
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
COUNT V
INFRINGEMENT OF U.S. PATENT NO. 9,079,111 B2
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
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
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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
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
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
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
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29
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88. In addition, each and every element of Claims 2, 4-6, 9, 11-13, and 18-19 of the
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
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
COUNT VI
INFRINGEMENT OF U.S. PATENT NO. 10,369,480 B2
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
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,
31
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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
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
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
33
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 34 of 43 PageID 34
98. In addition, each and every element of Claims 2-7, 9, 11, and 14 of the ’480
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
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
COUNT VII
INFRINGEMENT OF U.S. PATENT NO. D901,613 S
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
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,
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
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-
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
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
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,
37
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 38 of 43 PageID 38
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
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-
COUNT IX
INFRINGEMENT OF U.S. PATENT NO. D892,960 S
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
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,
39
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 40 of 43 PageID 40
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
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-
(a) A judgment that Defendant has infringed and is infringing each of the Asserted
(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
(e) An award of treble damages for Defendant’s willful infringement of the Asserted
(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
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.
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
(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
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
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
Case 6:20-cv-02189-CEM-DCI Document 1 Filed 12/01/20 Page 43 of 43 PageID 43
(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;
(p) Such other and further relief as the Court deems just and equitable.
JURY DEMAND
Respectfully submitted,
43
Case 6:20-cv-02189-CEM-DCI Document 1-1 Filed 12/01/20 Page 1 of 63 PageID 44
Exhibit 1
Case 6:20-cv-02189-CEM-DCI Document 1-1 Filed 12/01/20 Page 2 of 63 PageID 45
Case 6:20-cv-02189-CEM-DCI Document 1-1 Filed 12/01/20 Page 3 of 63 PageID 46
Case 6:20-cv-02189-CEM-DCI Document 1-1 Filed 12/01/20 Page 4 of 63 PageID 47
Case 6:20-cv-02189-CEM-DCI Document 1-1 Filed 12/01/20 Page 5 of 63 PageID 48
Case 6:20-cv-02189-CEM-DCI Document 1-1 Filed 12/01/20 Page 6 of 63 PageID 49
Case 6:20-cv-02189-CEM-DCI Document 1-1 Filed 12/01/20 Page 7 of 63 PageID 50
Case 6:20-cv-02189-CEM-DCI Document 1-1 Filed 12/01/20 Page 8 of 63 PageID 51
Case 6:20-cv-02189-CEM-DCI Document 1-1 Filed 12/01/20 Page 9 of 63 PageID 52
Case 6:20-cv-02189-CEM-DCI Document 1-1 Filed 12/01/20 Page 10 of 63 PageID 53
Case 6:20-cv-02189-CEM-DCI Document 1-1 Filed 12/01/20 Page 11 of 63 PageID 54
Case 6:20-cv-02189-CEM-DCI Document 1-1 Filed 12/01/20 Page 12 of 63 PageID 55
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Case 6:20-cv-02189-CEM-DCI Document 1-1 Filed 12/01/20 Page 14 of 63 PageID 57
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Case 6:20-cv-02189-CEM-DCI Document 1-2 Filed 12/01/20 Page 1 of 63 PageID 107
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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Case 6:20-cv-02189-CEM-DCI Document 1-2 Filed 12/01/20 Page 5 of 63 PageID 111
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Exhibit 3
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US009079111B2
US 9,079,111 B2
Page 2
24 38 24
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124 124
FIG. 2
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228
211 219
21 N.
232)
&22 21 6
y
/
FIG. 3
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FIG.S
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510-N,
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6 10 N
612
N
614 - N 618
Y-/\
-.
I
/
M
1
-
JN- 619
611
616
FIG. 7
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A -- 716
FIG. 8
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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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3 4
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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5 6
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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7 8
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
Case 6:20-cv-02189-CEM-DCI Document 1-3 Filed 12/01/20 Page 17 of 17 PageID 186
US 9,079,111 B2
10
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.
Case 6:20-cv-02189-CEM-DCI Document 1-4 Filed 12/01/20 Page 1 of 17 PageID 187
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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 .
Case 6:20-cv-02189-CEM-DCI Document 1-4 Filed 12/01/20 Page 14 of 17 PageID 200
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.
Case 6:20-cv-02189-CEM-DCI Document 1-4 Filed 12/01/20 Page 15 of 17 PageID 201
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 .
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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 . * *
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Exhibit 5
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USOOD892960S
GDDDDDD
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US D892,960 S
Page 2
FIG
1
.
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()
?
??
.
FIG
2 3
.
FIG
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FIG
5
.
FIG
4
.
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UUUUUU
LAPLAPU LOPIEPLE
6
.
FIG
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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
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)
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
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
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
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 Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address