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COMPLAINT FOR
PATENT INTINGEMENT


Guillermo Cabrera, (SBN 190303)
The Cabrera Firm, APC
600 West Broadway, Suite 700
San Diego, CA 92101
v. 619.500.4880
f. 619.785.3380
E-mail: gil@cabrerafirm.com

Manuel de la Cerra (SBN 189313)
The Law Office of Manuel de la Cerra
6885 Catamaran Drive
Carlsbad, CA 92011
v. 760.809.5520
f: 760.269.3542
E-mail: manny@delacerralaw.com
Attorneys for Plaintiff
AMERICAN WAVE MACHINES, INC.

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF CALIFORNIA
SAN DIEGO DIVISION


AMERICAN WAVE MACHINES, INC., a
California Corporation,

Plaintiff,

v.

SURF N TURF PARADISO, LLC, a California
Limited Liability Company d/b/a ALOHA FIX;
SURF LAGOONS, a Delaware Corporation;
RAINER KLIMASCHEWSKI, an Individual; and
DOES 1-10,

Defendants.

COMPLAINT FOR PATENT
INFRINGEMENT OF U.S. PAT. 7,568,859
AND 8,602,685

DEMAND FOR JURY TRIAL


Plaintiff American Wave Machines, Inc. hereby complains of Defendants Surf N Turf
Paradiso, LLC (DBA Aloha Fix), Surf Lagoons, and Rainer Klimaschewski for infringement of
United States Patent Nos. 7,568,859 (859 Patent) and 8,602,685 (685 Patent), and alleges as
follows:
PARTIES
1. Plaintiff American Wave Machines, Inc. is a California corporation with a
principal place of business at 224 South Cedros, Suite C, Solana Beach, CA 92075.
'13CV3204 NLS LAB

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2 COMPLAINT FOR
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2. Plaintiff is informed and believes, and on that basis alleges, that Defendant Surf N
Turf Paradiso, LLC is a California Limited Liability Company that does business as Aloha Fix.
The designated agent for service of process is Legalzoom.com, Inc, 100 W. Broadway Ste 100,
Glendale CA 91203.
3. Plaintiff is informed and believes, and on that basis alleges, that Defendant Surf
Lagoons Inc. is a Delaware Corporation with a principal place of business at 1031 Calle Recodo
Ste A, San Clemente, CA 92673. The designated agent for service of process is Registered
Agent Solutions, Inc., 1679 S DuPont Hwy, Ste 100, Dover, DE 19901.
4. Plaintiff is informed and believes, and on that basis alleges, that Defendant Rainer
Klimaschewski is a resident of Grafelfing Germany.
5. Plaintiff is informed and believes, and on that basis alleges, that Defendants Surf
N Turf Paradiso, LLC (DBA Aloha Fix), Surf Lagoons Inc., and Rainer Klimaschewski do
business in this judicial district and have committed acts of infringement in this judicial district.

JURISDICTION AND VENUE
6. This Court has personal jurisdiction over Defendants Surf N Turf Paradiso, LLC
(DBA Aloha Fix), Surf Lagoons Inc., and Rainer Klimaschewski under Fed. R. Civ. P.
4(k)(1)(A) and Californias long-arm statute, Cal. Civ. Proc. Code 410.10, as Defendants have
continuous business contacts with the State of California, have a business presence in the State of
California and have committed the complained-of acts in the State of California, thereby causing
damage to Plaintiff in this judicial district.
7. This Court has subject matter jurisdiction pursuant to the patent laws of the United
States, 35 U.S.C. 1 et seq., and pursuant to 28 U.S.C. 1331 and 28 U.S.C. 1338(a).
8. Venue is proper in this district under 28 U.S.C. 1400(b) because Defendants
reside in this judicial district as defined by 28 U.S.C. 1391.
9. Defendants business contacts with this judicial district are systematic and
continuous, and specific to the acts of infringement alleged herein, thus supporting personal
jurisdiction and venue in this district.

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3 COMPLAINT FOR
PATENT INTINGEMENT

BACKGROUND FACTS
10. On August 4, 2009, United States Patent No. 7,568,859 entitled Wave Forming
Apparatus and Method was duly and legally issued to Bruce McFarland. A true copy of the
859 Patent is attached hereto as Exhibit A.
11. Plaintiff American Wave Machines, Inc. is the owner by assignment of the 859
Patent with full and exclusive right to bring suit to enforce this patent. The assignment has been
recorded with the USPTO and can be found at reel/frame 020263/0332.
12. The 859 Patent relates generally to a wave forming apparatus has a channel for
containing a flow of water with an inlet end connected to a water supply, a base, and spaced side
walls. See 859 patent at Abstract.
13. On December 10, 2013, United States Patent No. 8,602,685 entitled Wave
Generating Apparatus and Method was duly and legally issued to Bruce McFarland. A true
copy of the 685 Patent is attached hereto as Exhibit B.
14. Plaintiff American Wave Machines, Inc. is the owner by assignment of the 685
Patent with full and exclusive right to bring suit to enforce this patent. The assignment has been
recorded with the USPTO and can be found at reel/frame 031312/0259.
15. The 685 Patent relates generally to a wave forming apparatus has a channel for
containing a flow of water with an inlet end connected to a water supply, a floor, and spaced side
walls. See 685 patent at Abstract.
16. Defendants Surf N Turf Paradiso, LLC (DBA Aloha Fix), Surf Lagoons Inc., and
Rainer Klimaschewski have been and are infringing, the 859 Patent and the 685 Patent by
offering for sale a wave forming apparatus called THE WAVE. A true copy of the website
http://citywave.de/en/the-wave/ downloaded on June 25, 2013 and again downloaded on
December 17, 2013 is attached at Exhibit C.
17. The representative contact provided on the aforementioned website is Defendant
Rainer Klimaschewski. See Exhibit C.
18. Plaintiff is informed and believes, and on that basis alleges, that Defendants Surf N
Turf Paradiso, LLC (DBA Aloha Fix) and Surf Lagoons Inc. work with Defendant Rainer

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4 COMPLAINT FOR
PATENT INTINGEMENT

Klimaschewski to offer for sale THE WAVE wave forming apparatus throughout the United
States, including specifically, this judicial district.
19. Plaintiff is informed and believes, and on that basis alleges, that THE WAVE
wave forming apparatus incorporates in substantial form the apparatus disclosed in United States
Patent No. 8,516,624 at FIG. 2, shown here:





FIGURE 1
20. This structure is consistent with the documents currently available to Plaintiffs
including the following true and correct copies of photographs of THE WAVE wave forming
apparatus:






FIGURE 2A FIGURE 2B






FIGURE 2C FIGURE 2D

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5 COMPLAINT FOR
PATENT INTINGEMENT








FIGURE 2E FIGURE 2F






FIGURE 2G FIGURE 2H







FIGURE 2I FIGURE 2J
21. According to the website http://citywave.de/en/the-wave/ downloaded on June 25,
2013, and again on December 17, 2013, The Wave wave forming apparatus is described as:
The heart of THE WAVE are huge pump-units, which are produced by one of the worlds
biggest manufacturer. The size and power of THE WAVE can be regulated by adjustable
floaters, also the amount of water is levelled (sic). Therefore the wave can be adjusted perfectly

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6 COMPLAINT FOR
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for every target group: either create a suitable wave for beginner children or light people, or
produce a perfect wave with maximum pressure and steepness for experts. In this deepwater
wave, which is also perfect for bodysurfing, its (sic) even fun to dive into the water after a ride,
just like in the ocean. To surf THE WAVE you dont even need a special surfboard, the board
you use in the ocean will be fine. (Exhibit C.)
22. Based on the above photos and on the information from the website
http://citywave.de/en/the-wave/ downloaded on June 25, 2013 and again downloaded on
December 17, 2013, THE WAVE wave forming apparatus infringes at least claims 22, 24, and
29 - 35 of the 859 Patent and claims 1 19 of the 685 Patent. This is a preliminary assessment
intended to place Defendants on notice under Fed.R.Civ.P. Rule 8. Plaintiffs reserve the right to
amend this allegation based on future discovery and litigation.
23. Plaintiff is informed and believes, and on that basis alleges, that Defendants Surf N
Turf Paradiso, LLC (DBA Aloha Fix), Surf Lagoons Inc., and Rainer Klimaschewski have had
business contacts with Mr. Don Rady of Value Real Estate in this judicial district and have
offered to sell Mr. Rady THE WAVE wave forming apparatus that infringes the 859 Patent
and the 685 Patent.
24. Plaintiff is informed and believes, and on that basis alleges, that Defendants Surf N
Turf Paradiso, LLC (DBA Aloha Fix), Surf Lagoons Inc., and Rainer Klimaschewski have met
with Mr. Rady in this judicial district to offer for sale THE WAVE wave forming apparatus
that infringes the 859 Patent and the 685 Patent.
25. Plaintiff is informed and believes, and on that basis alleges, that Defendants Surf N
Turf Paradiso, LLC (DBA Aloha Fix), Surf Lagoons Inc., and Rainer Klimaschewski have
directed phone calls and written correspondence into this judicial district, specifically to Mr.
Rady, to offer for sale THE WAVE wave forming apparatus that infringes the 859 Patent and
the 685 Patent.
26. Defendants Surf N Turf Paradiso, LLC (DBA Aloha Fix), Surf Lagoons Inc., and
Rainer Klimaschewski have willfully infringed the 859 Patent and the 685 Patent by continuing
its acts of infringement after being on notice of these patents.

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7 COMPLAINT FOR
PATENT INTINGEMENT

COUNT 1: PATENT INFRINGEMENT OF THE 859 PATENT
27. Plaintiff American Wave Machines, Inc. hereby re-alleges and incorporates by this
reference the foregoing paragraphs as though fully set forth herein.
28. Plaintiff is informed and believes, and on that basis alleges, that Defendants Surf N
Turf Paradiso, LLC (DBA Aloha Fix), Surf Lagoons Inc., and Rainer Klimaschewski have been
and still are knowingly and intentionally infringing the 859 Patent under 35 U.S.C. 271(a) by
offering for sale THE WAVE wave forming apparatus that is covered by one or more claims
of 859 Patent.
29. Plaintiff is informed and believes, and on that basis alleges, that the sale of THE
WAVE wave forming apparatus by Defendants Surf N Turf Paradiso, LLC (DBA Aloha Fix),
Surf Lagoons Inc., and Rainer Klimaschewski will occur prior to the expiration of the 859
Patent.
30. Plaintiff is further informed and believes, and on that basis alleges, that
infringement by the Defendants Surf N Turf Paradiso, LLC (DBA Aloha Fix), Surf Lagoons Inc.,
and Rainer Klimaschewski of the 859 Patent under 271(a) will continue unless enjoined by
this Court.
31. Plaintiff is informed and believes, and on that basis alleges, that Defendants Surf N
Turf Paradiso, LLC (DBA Aloha Fix), Surf Lagoons Inc., and Rainer Klimaschewski are
willfully, deliberately, and intentionally infringing the 859 Patent in the manners described
above with full knowledge thereof, and will continue to do so unless enjoined by this Court.
32. Plaintiff is informed and believes, and on that basis alleges, that Defendants Surf N
Turf Paradiso, LLC (DBA Aloha Fix), Surf Lagoons Inc., and Rainer Klimaschewski have
derived, received, and will continue to derive and receive from the aforesaid acts of infringement
gains, profits, and advantages, tangible and intangible, the extent of which are not presently
known to Plaintiff. By reason of the aforesaid acts of infringement, Plaintiff has been, and will
continue to be, greatly and irreparably damaged.


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8 COMPLAINT FOR
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COUNT 2: PATENT INFRINGEMENT OF THE 685 PATENT
33. Plaintiff American Wave Machines, Inc. hereby re-alleges and incorporates by this
reference the foregoing paragraphs as though fully set forth herein.
34. Plaintiff is informed and believes, and on that basis alleges, that Defendants Surf N
Turf Paradiso, LLC (DBA Aloha Fix), Surf Lagoons Inc., and Rainer Klimaschewski have been
and still are knowingly and intentionally infringing the 685 Patent under 35 U.S.C. 271(a) by
offering for sale THE WAVE wave forming apparatus that is covered by one or more claims
of 685 Patent.
35. Plaintiff is informed and believes, and on that basis alleges, that the sale of THE
WAVE wave forming apparatus by Defendants Surf N Turf Paradiso, LLC (DBA Aloha Fix),
Surf Lagoons Inc., and Rainer Klimaschewski will occur prior to the expiration of the 685
Patent.
36. Plaintiff is further informed and believes, and on that basis alleges, that
infringement by the Defendants Surf N Turf Paradiso, LLC (DBA Aloha Fix), Surf Lagoons Inc.,
and Rainer Klimaschewski of the 685 Patent under 271(a) will continue unless enjoined by
this Court.
37. Plaintiff is informed and believes, and on that basis alleges, that Defendants Surf N
Turf Paradiso, LLC (DBA Aloha Fix), Surf Lagoons Inc., and Rainer Klimaschewski are
willfully, deliberately, and intentionally infringing the 685 Patent in the manners described
above with full knowledge thereof, and will continue to do so unless enjoined by this Court.
38. Plaintiff is informed and believes, and on that basis alleges, that Defendants Surf N
Turf Paradiso, LLC (DBA Aloha Fix), Surf Lagoons Inc., and Rainer Klimaschewski have
derived, received, and will continue to derive and receive from the aforesaid acts of infringement
gains, profits, and advantages, tangible and intangible, the extent of which are not presently
known to Plaintiff. By reason of the aforesaid acts of infringement, Plaintiff has been, and will
continue to be, greatly and irreparably damaged.
39. WHEREFORE, Plaintiff American Wave Machines, Inc. prays for the following
relief against Defendant emsCharts, Inc.:
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9 COMPLAINT FOR
PATENT INTINGEMENT

That Defendants Surf N Turf Paradiso, LLC (DBA Aloha Fix), Surf Lagoons
Inc., and Rainer Klimaschewski be adjudged to have infringed the 859 Patent
and 685 Patent under 35 U.S.C. 271(a);
a preliminary and permanent injunction against Defendants Surf N Turf
Paradiso, LLC (DBA Aloha Fix), Surf Lagoons Inc., and Rainer
Klimaschewski, its officers, agents, servants, employees, attorneys, all parent
and subsidiary corporations, all assignees and successors in interest, and those
persons in active concert or participation with Defendants Surf N Turf
Paradiso, LLC (DBA Aloha Fix), Surf Lagoons Inc., and Rainer
Klimaschewski enjoining it from continuing acts of infringement of the 859
Patent and 685 Patent;
an award of damages under 35 U.S.C. 284 for Defendants Surf N Turf
Paradiso, LLC (DBA Aloha Fix), Surf Lagoons Inc., and Rainer
Klimaschewskis infringement of the 859 Patent and 685 Patent, together
with pre-judgment and post-judgment interest;
That Defendants Surf N Turf Paradiso, LLC (DBA Aloha Fix), Surf Lagoons
Inc., and Rainer Klimaschewski be adjudged to have willfully infringed the
859 Patent and 685 Patent under 35 U.S.C. 271(a), and that the Court
treble the amount of actual damages pursuant to 35 U.S.C. 284;
That this action be adjudged an exceptional case, and that the Court award
Plaintiff its attorneys' fees incurred in connection with this action, pursuant to
35 U.S.C. 285; and
any such other relief that this Court deems just and proper.

DATED: December 31, 2013 Respectfully submitted,

The Cabrera Firm, APC

By:
Guillermo Cabrera
Attorney for Plaintiff
American Wave Machines, Inc., a California
Corporation.
Respectfully submitted,
The Cabr rrrrrrr br rr br r br br r br br br br br rr br rrr br br rrr bbbbbbbbr bb er er r eeeeeee a Firm, APPPPPPPPPPPPPCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
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10 COMPLAINT FOR
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DEMAND FOR JURY TRIAL
Plaintiff respectfully demands a trial by jury on all issues so triable.

DATED: December 31, 2013 Respectfully submitted,

The Cabrera Firm, APC

By:
Guillermo Cabrera
Attorney for Plaintiff
American Wave Machines, Inc., a California
Corporation.


The Cabrera Fi iiirm rrrr , APC
By BBBBBBBB :
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Exhibit A
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Exhibit B
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Exhibit C
Our deepwater wave
The heart of THE WAVE are
huge pump-units, which are
produced by one of the worlds
biggest manufacturer. The size
and power of THE WAVE can be
regulated by adjustable floaters,
also the amount of water is
levelled.
Therefore the wave can be
adjusted perfectly for every
targetgroup: either create a
suitable wave for beginners,
Target group
THE WAVE means surfing
anywhere in the world, without
travelling to the ocean or
searching for a riverwave.
Absolute beginners of any age
can start their first experiences
absolutely safe by using a
grab-handle. Intermediates can
ride THE WAVE, practice turns
and take-offs, while the experts
rip the wave with jumps,
threesixties and radical turns.
THE WAVE , Citywave.de http://citywave.de/en/the-wave/
1 oI 2 6/25/2013 4:56 PM
(;+,%,7 &
children or light people, or
produce a perfect wave with
maximum pressure and
steepness for experts.
In this deepwater wave, which is
also perfect for bodysurfing, its
even fun to dive into the water
after a ride, just like in the ocean.
To surf THE WAVE you dont
even need a special surfboard,
the board you use in the ocean
will be fine.
Beginners experience
immediately a feeling for surfing,
while experts can improve their
surfing with longer and numerous
rides.
Citywave.de. All rights reserved.
Site notice
THE WAVE , Citywave.de http://citywave.de/en/the-wave/
2 oI 2 6/25/2013 4:56 PM
(;+,%,7 &
12/17/13 THE WAVE | Citywave.de
citywave.de/en/the-wave/ 1/2
Media Coverage
THE WAVE
Citywave
History
Links
Contact
Search this site...
Home THE WAVE
THE WAVE
artificial waves of highest standard
Our deepwater wave
The heart of THE WAVE are huge pump-units, which are produced by one of the worlds biggest
manufacturer. The size and power of THE WAVE can be regulated by adjustable floaters, also
the amount of water is levelled.
12/17/13 THE WAVE | Citywave.de
citywave.de/en/the-wave/ 2/2
Therefore the wave can be adjusted perfectly for every targetgroup: either create a suitable
wave for beginners, children or light people, or produce a perfect wave with maximum
pressure and steepness for experts.
In this deepwater wave, which is also perfect for bodysurfing, its even fun to dive into the water
after a ride, just like in the ocean.
To surf THE WAVE you dont even need a special surfboard, the board you use in the ocean will
be fine.

Target group

THE WAVE means surfing anywhere in the world, without travelling to the ocean or searching
for a riverwave.
Absolute beginners of any age can start their first experiences absolutely safe by using a grab-
handle. Intermediates can ride THE WAVE, practice turns and take-offs, while the experts rip
the wave with jumps, threesixties and radical turns.
Beginners experience immediately a feeling for surfing, while experts can improve their surfing
with longer and numerous rides.
Home
THE WAVE
Gallery
Units
Design
Technical details
Videos
Citywave.de 2013 | Site notice
12/17/13 Contact | Citywave.de
citywave.de/en/kontakt/ 1/2
Media Coverage
THE WAVE
Citywave
History
Links
Contact
Search this site...
Home Contact
Contact
atv action team GmbH
Fraunhoferstr.8
D-82152 Martinsried bei Mnchen
Tel.: +49 (0)89 895207 0
Fax: +49 (0)89 895207 15
E-Mail: info@citywave.de
12/17/13 Contact | Citywave.de
citywave.de/en/kontakt/ 2/2
CEO
Dipl. Ing. Rainer Klimaschewski
Tel.: +49 (0)89 895207 13
Citywave.de 2013 | Site notice