Thursday, September 24th 2015
ASETEK – Court Confirms Judgement, Increases Damages Award and Issues Injunction
In late 2014, Asetek won a patent infringement case against CMI USA, Inc. ("CMI") at the United States District Court for the Northern District of California. The jury unanimously ruled in favor of Asetek, and awarded damages based on a 14.5% royalty rate. In a post trial motion, CMI demanded a judgement as a matter of law and a new trial.
The court yesterday denied CMI's demands, and instead substantially followed Asetek's requests and issued a permanent injunction barring CMI and its parent Cooler Master from selling certain infringing products into the Unites States. Also, the judge awarded Asetek enhanced damages i.e., a 25.375% royalty rate, on CMI's revenues for sales of infringing products beginning January 1, 2015. It should be noted that the matter is appealable by CMI.
The court yesterday denied CMI's demands, and instead substantially followed Asetek's requests and issued a permanent injunction barring CMI and its parent Cooler Master from selling certain infringing products into the Unites States. Also, the judge awarded Asetek enhanced damages i.e., a 25.375% royalty rate, on CMI's revenues for sales of infringing products beginning January 1, 2015. It should be noted that the matter is appealable by CMI.
45 Comments on ASETEK – Court Confirms Judgement, Increases Damages Award and Issues Injunction
Plagiarism isn't the same as stealing, even though in this case it looks like CM has not done due diligence in making sure they don't imposed on someone else's patent.
Personally I think the fact that Asetek were able to get a patent on something as simple as this is speaking volumes for how broken the patent system is, as it's nigh on impossible for any competitor to enter the market. Asetek also seems to be purchasing more and more liquid cooling patents to make sure they end up in a position where they have no competition, also known as a monopoly, something that's often considered a bad thing...
From a purely ignorant standpoint, if Asetek 'invented and implemented' a hitherto unused design to incorporate a pump and internal mechanic into a cooling plate block, thereby removing the need for an external pump - they invented a 'new device'. If a pump inside a cooling plate with the design schematics owned by Asetek never existed before it - it is obviously their idea and their innovation.
Unlike Apples ridiculous design patents (rounded edges on phones or wedge shaped laptops) that had obvious prior existence, if Asetek invented the PC specific pump/block design - it is actually really very valid. There's no point getting so upset by it.
Now what we need is a gfx full cover 2 slot block that incorporates a pump and reservoir. That'd be bizarre.
Gabe @ Swifttech said (about H220 being pulled from market) the problem was the pump being in the block, so they moved their pump to the rad. BTA above posted it was about the swivel fittings, but that contradicts the release of the H220X, which also has swivel fittings, but not pump in block. Gabe said Asetek was too large and Swiftech too small for them to persue a legal battle, so they just acquiesced. You can find this on YouTube.