American Wave Machines wants to make sure Endless Surf doesn’t build a wave pool on American soil — at least not with its current technology. For years, the wave creation company has claimed Endless Surf copied its technology, and now it’s filed a lawsuit as part of its latest attempt to prove it.
The lawsuit filed in Florida against WhiteWater West Industries, the parent company of Endless Surf, concerns the Point Surf Park under construction in Fellsmere, Florida. It alleges that Endless Surf’s technology infringes upon two of American Wave Machines’ patents related to the sequencing of pneumatic chambers to create waves. The patents, known as “966” and “263,” were also the center of a legal battle in 2024.
In our last deep dive into this legal struggle, WhiteWater tried to invalidate American Wave Machines’ patents in a legal proceeding called an “inter partes review.” While 966 had holes poked in it, 263 was upheld. Confusingly, both sides called it a win. American Wave Machines said it proved Endless Surf infringes on its technology, and WhiteWater said it proved it could keep operating business as usual.
While American Wave Machines had pools operating in Texas, Japan, and Brazil, at the time, Endless Surf didn’t have a public pool. Endless Surf has since proven its technology with pools in Germany and Saudi Arabia, and has plans to expand to Mexico and Brazil. For years, industry players have understood that American Wave Machines was waiting for the moment to pounce on a legal showdown in the United States. They’d allegedly sent threatening letters to stakeholders considering Endless Surf technology, warning that if they went down that road, lawsuits would follow.
HTXsurf in Houston, Texas was supposed to be the first Endless Surf pool in the U.S., but in 2025, the developer, Beach Street, decided to switch to Wavegarden technology. Sources with knowledge of the matter said American Wave Machines’ threats weren’t the reason behind the technology change, but acknowledged that the legal threats have made developers hesitant.
“It makes people think about it, makes them nervous,” an industry player told The Inertia, speaking on the condition of anonymity.
Endless Surf spokesperson Tanner Wilson told The Inertia that “legal challenges were not raised during any client discussions.”
While Houston was no longer a battleground, American Wave Machines shifted its focus to Florida, where an Endless Surf pool broke ground in Fellsmere in May 2025 and is expected to pump out waves this year.
Endless Surf released a statement, standing by its assertions that American Wave Machines’ patents are invalid.
“The future of surf technology was not created by any single company,” reads WhiteWater’s statement. “It has been built over decades by generations of engineers, designers, operators, and entrepreneurs whose contributions predate the patents asserted in this lawsuit.”
In a press release, American Wave Machines’ President Bruce McFarland said the “legal actions are necessary to protect our patented technology, the investments behind it, and a fair and lawful marketplace for original inventors.”
American Wave Machines did not respond to requests for comment on why it believes the new lawsuit will produce a different result than the previous ruling.
Notably, Endless Surf’s Chief Technology Officer, Clement Ginestet, previously worked at American Wave Machines for nearly nine years. In late 2019, he left the company and was subsequently hired by WhiteWater.
Endless Surf did not respond to requests to speak with Ginestet about the differences between American Wave Machines and Endless Surf pneumatic technology.
