Saturday, July 20th 2013
Swiftech Withdraws H220 CPU Liquid Cooling Kit from US Market
Rouchon Industries Inc., d/b/a/ Swiftech today announced the withdrawal from US sales of the H220 CPU cooling kit. On June 7 2013, Rouchon Industries Inc., d/b/a/ Swiftech received a letter from Asetek' s lawyers claiming that the H220 CPU cooler infringes on their US patents 8,240,362 (the '362 patent) and 8,245,764 (the '764 patent) and to cease selling, offering for sale and importing the H220 CPU cooler in the United States. Pending final disposition of this matter, Swiftech immediately placed a hold on shipments of the H220 CPU cooling kits into the USA.
On June 27, 2013 Swiftech's counsel responded to Asetek' s attorney by a letter stating that preliminarily, Swiftech does not believe that the H220 product infringes any valid claim of the '362 and '764 patents. Nonetheless, in an effort to avoid any unnecessary litigation Swiftech also asked whether Asetek would be willing to offer a nonexclusive license for the asserted patents. On July 12, 2013 Swiftech received a response from Asetek' s law firm stating that the company does not offer licenses.
Swiftech continues to firmly assert its position with regards to the alleged infringement as stated in its letter dated June 27, 2013. Nevertheless, in order to avoid litigation the company's management has now made the business decision to withdraw the H220 CPU cooler from the US market. Given these circumstances, Swiftech wants to hereby reassure its US customers that: 1/ it will continue to provide full technical and warranty support for the H220 CPU cooling kits that have been sold in the US, and 2/ the product will continue to be sold in other countries.
Swiftech sincerely apologizes to its US customers for this extraordinary situation, the very first in its long history. For the past 15 years, Swiftech has been at the forefront of technological innovation in this industry, and it will continue to do so. In the words of Gabriel Rouchon, the company's Chairman and CTA: "I want our customers to know and expect with absolute confidence that Swiftech's resourcefulness will once again be brilliantly demonstrated in the immediate future."
On June 27, 2013 Swiftech's counsel responded to Asetek' s attorney by a letter stating that preliminarily, Swiftech does not believe that the H220 product infringes any valid claim of the '362 and '764 patents. Nonetheless, in an effort to avoid any unnecessary litigation Swiftech also asked whether Asetek would be willing to offer a nonexclusive license for the asserted patents. On July 12, 2013 Swiftech received a response from Asetek' s law firm stating that the company does not offer licenses.
Swiftech sincerely apologizes to its US customers for this extraordinary situation, the very first in its long history. For the past 15 years, Swiftech has been at the forefront of technological innovation in this industry, and it will continue to do so. In the words of Gabriel Rouchon, the company's Chairman and CTA: "I want our customers to know and expect with absolute confidence that Swiftech's resourcefulness will once again be brilliantly demonstrated in the immediate future."
95 Comments on Swiftech Withdraws H220 CPU Liquid Cooling Kit from US Market
Asetek is in the right here, but they should allow licensing, and I believe is someone went to court about it Asetek would be forced to give reasonably priced licenses.
SilverStone was pretty vocal in claiming that its new Tundra kits don't step on Asetek's toes. Hope that stays, too.
Perhaps Mercedes Benz should start suing over the automobile. We'd all be driving Benz's around here!
I had an Aquagate viva back in 2007, way before Astek released anything on the market.
Asetek are behaving like patent bullies. There is no way they came up with the idea of AIO coolers.
Asetek has a right to protect its patents and sue if need be. These aftermarket AIO are being made/designed overseas where copyright laws aren't as strict or ignored and then being shipped to US market.
If other regions dis-reguard your claim on a patent why wouldn't you protect it in a region/country where your patent is recognized. Makes perfect sense unless you like loosing money that otherwise would be yours.
And Asetek has been producing AIO liquid coolers for OEMs since at least 2005. The HP Blackbird was the first real consumer level product to see an AIO unit from Asetek, and it came out in 2007, but they had been doing AOI units for workstation and server class computers for a least 2 years before that.
So with Asetek having the patent then we can only rely on them for what they produce (or don't produce).
At this point, no company has to stop producing coolers that Asetek claims infringes on the patents. They can let Asetek take them to court, they would lose, but at the same time they could get the courts to rule that Asetek has to allow licensing. It is just going to take a company to actually do it and not just role over.
In fact, more than likely the other companies Asetek has already sued(like CoolIT) have already settled out of court for some relatively small sum(compared to what they've made on the products so far) as well as a continuing licensing fee. We just haven't heard anything about it because no one really talks about out of court settlements and a lot of times a condition of the settlement is that you don't talk about it. I mean, Asetek sued CoolIT almost a year ago, and we haven't heard anything come of it, likely because they settled out of court a while ago and CoolIT continued on making AIO coolers.
Patenting something very general and fundamental is very questionable and most of the time illegal. You are obliged to license it at "reasonable" fee.Haha same. Wouldn't have been surprising because of all the problems with this kit.
In truth Swiftech kit is quite OK, but CM Eisberg Prestige trounces everything from Asetek. Asetek are simply pissed off at the competition. Euphemism "patent infringement" is just smoke screen.
Thinking at the Asetek HQ is: sales dropping we should troll somebody for lost 'profits'.
I wouldnt say sales are dropping