The following statement was emailed to The Inertia on behalf of The Kelly Slater Wave Company late on November 22, 2011. More to come shortly:
This statement is being made in response to an article published by Stu Nettle on Swellnet.com titled “Kelly Slater almost sunk in wave pool wrangle.” The article discusses the technological developments of Kelly Slater and Kelly Slater Wave Company (KSWC), and that of Gregory Webber and Liquid Time Pools. This statement will demonstrate that this article is factually wrong and has no merit, including the articles main premise and title.
Firstly, counter to Stu Nettle’s statements, KSWC technological developments are unique. KSWC technology rests firmly on the science and math for producing waves, specifically solitary waves. Solitary waves, often referred to as groundswell, are commonly considered the best type of waves for surfing. Solitary waves are more organized and powerful then other types of waves and allow KSWC systems to leverage maximum wave energy and wave height as relates to application size. The KSWC team has developed this and other technologies independently of Gregory Webber and his team. Furthermore, these technologies are based on concepts conceived prior to that of Gregory Webber’s developments.
Secondly, Stu Nettle’s article is misleading regarding KSWC’s patent position, particularly relative to Mr. Webber’s. The United States Patent and Trademark Office (USPTO) has been examining KSWC’s initial application in a normal process against known prior art to determine proper claim scope and breadth. Rejections are frequently part of the normal patent application process with the USPTO, even Mr. Webber’s initial application was rejected under similar premises. However, as of November 22, 2011, KSWC has received notice from the USPTO that the overwhelming majority of claims in its patent application have been allowed. This further refutes Mr. Nettle’s claims of KSWC technologies not being unique or patentable against Webber.
It should also be noted that Sutton Holdings is not the holding company for KSWC as also stated inaccurately in the article.
Kelly Slater and Kelly Slater Wave Company are committed to the principles of honesty and sportsmanship. The advanced technological developments of KSWC are a testament to the dedication and diligence of a well chosen team and KSWC’s formal scientific approach. Eventually the dream of a controlled environment world class wave will have to be proven in the real world and KSWC remains unwavering in their commitment to that objective.
Kelly Slater Wave Company