ASETEK – Court Confirms Judgement, Increases Damages Award and Issues Injunction

[newtekie1]

he stall tactic using the appeal process would just be a strategy for CM to pump(!) out as much product as possible before having to integrate the royalty payment into their revenue structure. Litigation fees would very likely be much less than the royalties that needed to be apportioned, and it also maintains CM's market share at their current pricing structure. Having to factor in the royalties and incorporating them into pricing is very likely going to affect their competitiveness in securing contracts against Asetek products. No real revelation. Intel (amongst other high profile examples) have used the same drawn out appeal process to entrench themselves in the market in the past.

According to the ruling, the royalties are retroactive back to Jan 1 2015. So CoolerMaster really isn't saving on royalties by stalling. All it did was piss the judge off and put CoolerMaster in a worse position.

I think the real reason for appeal was not to stall, but instead in hopes the appeals judge would lower the royalty amount. It backfired.

 

[DeathtoGnomes]

So If I took some old fuel pump and mounted it to a block to mount to the cpu and mobo, thats infringing on the patent?

 

[newtekie1]

So If I took some old fuel pump and mounted it to a block to mount to the cpu and mobo, thats infringing on the patent?

Yes, it has been established multiple times in court that Asetek holds the patent on the pump and block combo for liquid cooling PC components.

 

[cadaveca]

So If I took some old fuel pump and mounted it to a block to mount to the cpu and mobo, thats infringing on the patent?

only if you tried to sell it in the PC market. I am pretty sure it's about having an integrated pump into the block, so if the pump is external, that might fly, but might not, as I am not 100% sure on the wording of the patent. You need to remember that legalese is a different language than "plain" English, too.

 

[nunyabuisness]

Which in turn bones AMD's Fury X supply, because they use Cooler Master blocks. (info from @HumanSmoke)

Thats irrelevant. you couldn't buy a Fury X anyway!

 

[btarunr]

Steal? They made their own design. Asetek seems to think they're the only company in the world that has the right to make sealed loop liquid cooling systems and have sued every other company that has even tried to enter the market.

It's the "movable" fittings that connect the pump+block assy to the tubing that Asetek owns patent to. Nobody had that before Asetek. It's pretty much what made AIO liquid coolers take off, because it made them idiot-proof. CM stole that.

 

[R-T-B]

patenttrolls strike again

Not quite trolling. Asetek actually uses their patents and conducts real R&D, not just buys them and sues everyone on gods green earth.

 

[TheLostSwede]

It's the "movable" fittings that connect the pump+block assy to the tubing that Asetek owns patent to. Nobody had that before Asetek. It's pretty much what made AIO liquid coolers take off, because it made them idiot-proof. CM stole that.

So your stance as a tech writer is that Cooler Master is a company full of thieves then? If so, why are you covering any of their products, as it's clearly an illegal entity and TPU shouldn't cover any of their products, since you're aiding and abetting a criminal organization, or?

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...

 

[the54thvoid]

So your stance as a tech writer is that Cooler Master is a company full of thieves then? If so, why are you covering any of their products, as it's clearly an illegal entity and TPU shouldn't cover any of their products, since you're aiding and abetting a criminal organization, or?

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...

You do understand how patents work?

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.

 

[DeathtoGnomes]

Yes, it has been established multiple times in court that Asetek holds the patent on the pump and block combo for liquid cooling PC components.

does that include mounting a pump that still requires a tube to connect to the port on the block? if so, thats a pretty broad patent that could be used to cover even automotive pumps, they're mounted to blocks all the time.

 

[cadaveca]

does that include mounting a pump that still requires a tube to connect to the port on the block? if so, thats a pretty broad patent that could be used to cover even automotive pumps, they're mounted to blocks all the time.

It's for use to cool computers, though. That's part of the patent, so your idea here is flawed. automotive pumps are made for the automotive industry, to cool car parts. There are patents in place on those pumps too.

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.

 

[Casecutter]

It's the "movable" fittings that connect the pump+block assy to the tubing that Asetek owns patent to. Nobody had that before Asetek. It's pretty much what made AIO liquid coolers take off, because it made them idiot-proof. CM stole that.

This is all about swivel elbows! Heck I could see that someone allowed a patent on an idea as frivolous as the pump integrated into the block, but the fittings! I'm sorry if that all Asetek has to stand on that that's not just flimsy, it's down right despicable that the patent office granted it. The idea of swivel fittings is not "new", had they patented how they insert, seal and install then yes. But the idea that swivel fittings that are used in any computer cooling system is somehow "novel and innovative" is so much B.S.

 

[R-T-B]

This is all about swivel elbows! Heck I could see that someone allowed a patent on an idea as frivolous as the pump integrated into the block, but the fittings! I'm sorry if that all Asetek has to stand on that that's not just flimsy, it's down right despicable that the patent office granted it. The idea of swivel fittings is not "new", had they patented how they insert, seal and install then yes. But the idea that swivel fittings that are used in any computer cooling system is somehow "novel and innovative" is so much B.S.

The patent office has honestly needed reform for some time. You'd be surprised the things they'll issue a patent for. Some of them strike me as outright bogus.

 

[DeathtoGnomes]

It's for use to cool computers, though. That's part of the patent, so your idea here is flawed. automotive pumps are made for the automotive industry, to cool car parts. There are patents in place on those pumps too.

....

No, its not flawed, I am fully aware of where automotive pumps belong. There are electric waterpumps that are mounted the blocks in some automotive applications. http://www.summitracing.com/parts/cmb-12-0008/overview/make/chevrolet mount to "a block", that block dissipates heat too, even tho, it might be hard to mount to my motherboard. The way I read this all, Asetek can claim infringement there too. Pump on block right? Im being facetious here.

 

[DeathtoGnomes]

This is all about swivel elbows! Heck I could see that someone allowed a patent on an idea as frivolous as the pump integrated into the block, but the fittings! I'm sorry if that all Asetek has to stand on that that's not just flimsy, it's down right despicable that the patent office granted it. The idea of swivel fittings is not "new", had they patented how they insert, seal and install then yes. But the idea that swivel fittings that are used in any computer cooling system is somehow "novel and innovative" is so much B.S.

Not everyone at the patent office is an Einstein, you be surprise what kind of bullshit gets patented. The idea of a swivel elbow attached to end of a hose(tubing) might not be passable, attach the same elbow to a pump mounted on a block together is very passable. That and a few bucks gets a patent.

 

[newtekie1]

It's the "movable" fittings that connect the pump+block assy to the tubing that Asetek owns patent to. Nobody had that before Asetek. It's pretty much what made AIO liquid coolers take off, because it made them idiot-proof. CM stole that.

Are you sure? I know the patents sited in the Swiftech case were for the pump/block combo. Are the using different patents against CMI?

 

[btarunr]

So your stance as a tech writer is that Cooler Master is a company full of thieves then? If so, why are you covering any of their products, as it's clearly an illegal entity and TPU shouldn't cover any of their products, since you're aiding and abetting a criminal organization, or?

....that Cooler Master infringed upon a patent held by Asetek, as ruled in a court of law.

 

[RealNeil]

....that Cooler Master infringed upon a patent held by Asetek, as ruled in a court of law.

^^This^^

 

[newtekie1]

Not to mention patent infringement isn't a criminal issue, it is a civil issue. Also, as far as the law is concerned CMI has done nothing wrong yet. If they don't pay the royalties due, then they are in the wrong.

 

[TheGuruStud]

Patent trolling CM b/c they're scared. It's the oldest tactic in the book in this corporate-cock-sucking-land.

 

[Casecutter]

I suppose AMD and FuryX hasn't much to worry as there's no suspect swivel elbow on that. So perhaps companies could pay for some else's design, like something such as those Swiftech Lok-Seal™ 90° Dual Swivel Elbow or those by Bitspower.