The Daily Journal selected Crowell & Moring’s successful defense of WhiteWater West Industries, Ltd., in Pacific Surf Designs Inc. v. Whitewater West Industries Ltd., as one of its “Top Verdicts” for 2023. The annual list recognizes the largest and most significant verdicts in California by dollar, impact, defense victories, and appellate reversals.
In selecting the firm for this coveted honor, the Daily Journal notes: “Rivals in the surfing simulator business, WhiteWater West Industries Ltd. and Pacific Surf Designs Inc., make machines that replicate the experience of ocean waves by pumping a thin, powerful sheet of water over a padded surface so riders can board or body surf.”
“After seven years of prior litigation in which WhiteWater — the world’s largest maker of wave machine –unsuccessfully sued Pacific Surf over patent infringement and other claims, Pacific Surf struck back with a $200 million antitrust suit based on a ‘sham litigation’ theory,” the publication wrote. “Pacific Surf accused WhiteWater of having filed frivolous suits designed to drive it out of business and to obtain a monopoly in the market.”
The case involved a rare jury trial of “sham litigation” antitrust claims. While the plaintiff in the case had originally sought over $200 million in damages, Crowell’s Daniel A. Sasse, Sima Namiri-Kalantari, and David C. Griffith, along with co-counsel from Buchalter, obtained a full defense verdict following a two-week trial and a single hour of jury deliberations.
To read the full profile, please click here.
About Crowell & Moring LLP
Crowell & Moring is an international law firm with operations in the United States, Europe, MENA, and Asia. Drawing on significant government, business, industry and legal experience, the firm helps clients capitalize on opportunities and provides creative solutions to complex litigation and arbitration, regulatory and policy, and corporate and transactional issues. The firm is consistently recognized for its commitment to pro bono service, as well as its programs and initiatives to advance diversity, equity, and inclusion.
