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[Various] AMD R9 Fury X to be possibly impacted by Asetek lawsuit - Page 4

post #31 of 176
The misinformation floating around the internet because of that OC3D post is astounding. The original editorial was posted by GamersNexus here http://www.gamersnexus.net/industry/2106-liquid-cooling-lawsuit-could-impact-fury-x.

The TLDR:
  • Asetek sued Coolermaster America and won. Coolermaster America claimed to have completely stopped selling the infringing products and was ordered to pay a 14.5% royalty on all products sold by Coolermaster America in the US. This came out out to ~$400,000.
  • Coolermaster was still selling products in the US despite their claims and wasn't including them in the court totals.
  • Asetek took Coolermaster back to court for enhanced damages (25.375% of all products sold in the US since January 1st 2015). Asetek won this.
  • Asetek also won an injunction banning the listed products from sale in the US.
  • The cooler on the Fury X is very similar to the Seidon 120V (which is part of the successful injunction). This means it could fall under the injunction and might also be banned.
  • Asetek has not asked for any royalties from AMD and all of this is still speculation.

Court Documents: https://casetext.com/case/a-v-cmi-united-states-inc-4#context

Excerpt:
(1) As used herein, "Infringing Products" shall mean the following Cooler Master products: Seidon 120M, Seidon 120XL, Seidon 240M, Seidon 120V, Seidon 120V Plus, Nepton 140XL, [Nepton 280L], Glacer 240L, and products not more than colorably different from them.(2) CMI USA, Inc. and its subsidiaries and affiliated companies (collectively defined as "CMI"), as well as CMI's successors, *3131assigns, officers, directors, agents, servants, employees, representatives and attorneys, and those persons in active concert or participation with them who receive notice of the order are hereby immediately and permanently restrained and enjoined, pursuant to 35 U.S.C. § 283 and Fed. R. Civ. P. 65(d), from making, using, offering for sale or selling in the United States, or importing into the United States, or causing to be made, used, offered for sale, or sold in the United States, or imported into the United States, the Infringing Products.(3) Cooler Master Co., Ltd. and its subsidiaries and affiliated companies (collectively defined as "Cooler Master"), as well as Cooler Master's successors, assigns, officers, directors, agents, servants, employees, representatives and attorneys, and those persons in active concert or participation with them who receive notice of the order are hereby immediately and permanently restrained and enjoined, pursuant to 35 U.S.C. § 283 and Fed. R. Civ. P. 65(d), from making, using, offering for sale or selling in the United States, or importing into the United States, or causing to be made, used, offered for sale, or sold in the United States, or imported into the United States, the Infringing Products.(4)

Yes, I do work for Asetek.
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post #32 of 176
patent trolling...... the plague to innovation.....

asetek better come up with some new innovation towards AIO and stop milking the cat when its out of the bag. its no longer a "clone" of the original product but rather an improved concept of it.

this is not the first case of AIO based gpu coooler
Edited by akromatic - 9/23/15 at 4:44pm
post #33 of 176
Quote:
Originally Posted by SpeedyVT View Post

No Asetek is claiming patent on AMD's GPU layout design. Asetek is cockblocking various types of cooling methods for AMD or NVidia by saying they hold design of something as vital as a door hinge. You can't keep a processor cool without cooling.

The cold plate is part of the cooler, not the GPU. This has nothing to do with AMD's design or layout of the GPU.
Edited by Forceman - 9/23/15 at 4:43pm
post #34 of 176
Thread Starter 
Quote:
Originally Posted by SpeedyVT View Post

No Asetek is claiming patent on AMD's GPU layout design.

No you have it backwards. AMD's GPU Cooler for the Fury X is made from Cooler Master, and the design that is being used infringes upon a patent filed by Asetek. Asetek has settled in court against Cooler Master against all the products they sell which infringes upon this patent. As such, the coolers are not allowed to be sold and there is a royalty fee attached to all coolers sold since Jan 2015.

Now if the Fury X uses a design which infringes upon Asetek's patent (by way of Cooler Master) this could effect the Fury X in many ways (meaning it could fall under the ban).
Quote:
Originally Posted by Retell View Post

The misinformation floating around the internet because of that OC3D post is astounding. The original editorial was posted by GamersNexus here http://www.gamersnexus.net/industry/2106-liquid-cooling-lawsuit-could-impact-fury-x.

The TLDR:
  • Asetek sued Coolermaster America and won. Coolermaster America claimed to have completely stopped selling the infringing products and was ordered to pay a 14.5% royalty on all products sold by Coolermaster America in the US. This came out out to ~$400,000.
  • Coolermaster was still selling products in the US despite their claims and wasn't including them in the court totals.
  • Asetek took Coolermaster back to court for enhanced damages (25.375% of all products sold in the US since January 1st 2015). Asetek won this.
  • Asetek also won an injunction banning the listed products from sale in the US.
  • The cooler on the Fury X is very similar to the Seidon 120V (which is part of the successful injunction). This means it could fall under the injunction and might also be banned.
  • Asetek has not asked for any royalties from AMD and all of this is still speculation.

Court Documents: https://casetext.com/case/a-v-cmi-united-states-inc-4#context

Excerpt:
(1) As used herein, "Infringing Products" shall mean the following Cooler Master products: Seidon 120M, Seidon 120XL, Seidon 240M, Seidon 120V, Seidon 120V Plus, Nepton 140XL, [Nepton 280L], Glacer 240L, and products not more than colorably different from them.(2) CMI USA, Inc. and its subsidiaries and affiliated companies (collectively defined as "CMI"), as well as CMI's successors, *3131assigns, officers, directors, agents, servants, employees, representatives and attorneys, and those persons in active concert or participation with them who receive notice of the order are hereby immediately and permanently restrained and enjoined, pursuant to 35 U.S.C. § 283 and Fed. R. Civ. P. 65(d), from making, using, offering for sale or selling in the United States, or importing into the United States, or causing to be made, used, offered for sale, or sold in the United States, or imported into the United States, the Infringing Products.(3) Cooler Master Co., Ltd. and its subsidiaries and affiliated companies (collectively defined as "Cooler Master"), as well as Cooler Master's successors, assigns, officers, directors, agents, servants, employees, representatives and attorneys, and those persons in active concert or participation with them who receive notice of the order are hereby immediately and permanently restrained and enjoined, pursuant to 35 U.S.C. § 283 and Fed. R. Civ. P. 65(d), from making, using, offering for sale or selling in the United States, or importing into the United States, or causing to be made, used, offered for sale, or sold in the United States, or imported into the United States, the Infringing Products.(4)

Yes, I do work for Asetek.

This clears up a lot of information, I will add this to the source. Thank you. thumb.gif
Edited by BiG StroOnZ - 9/23/15 at 4:55pm
post #35 of 176
Quote:
Originally Posted by Forceman View Post

The cold plate is part of the cooler, not the GPU.

But that is just it, you need a cooler to cool a GPU. I loved the good old days we people didn't have utterly vague patents. The cold plate itself is like patenting a simple copper pan. It's too basic and simple to hold any weight.
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post #36 of 176
Quote:
Originally Posted by SpeedyVT View Post

But that is just it, you need a cooler to cool a GPU. I loved the good old days we people didn't have utterly vague patents. The cold plate itself is like patenting a simple copper pan. It's too basic and simple to hold any weight.

They didn't patent all cold plates, just the one/style used in their cooler. It's not the plate itself (the copper sheet) but the way it is integrated into the cooler (presumably with the pump in the block).
post #37 of 176
Quote:
Originally Posted by KyadCK View Post

Would CM be able to break a pricing agreement contract with AMD due to something like this?

Two words:

Hell no.

CM is screwed until it comes time to negotiate. And even then, whenever it comes to negotiate a *new* product, you can be damn sure AMD is going to remember this.
post #38 of 176
Quote:
Originally Posted by Forceman View Post

They didn't patent all cold plates, just the one/style used in their cooler. It's not the plate itself (the copper sheet) but the way it is integrated into the cooler (presumably with the pump in the block).

What about the way it also feeds to the mosfets? It's clearly not 100% the same. How much does a product have to differentiate before it's not the same?
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post #39 of 176
Quote:
Originally Posted by SpeedyVT View Post

What about the way it also feeds to the mosfets? It's clearly not 100% the same. How much does a product have to differentiate before it's not the same?

The infringing part is the pump/block - the tubes going to and from don't matter.
post #40 of 176
Quote:
Originally Posted by BiG StroOnZ View Post

No you have it backwards. AMD"s GPU Cooler for the Fury X is made from Cooler Master, and the design that is being used infringes upon a patent filed by Asetek. Asetek has settled in court against Cooler Master against all the products they sell which infringes upon this patent. As such, the coolers are not allowed to be sold and there is a royalty fee attached to all coolers sold since Jan 2015.

Now if the Fury X uses a design which infringes upon Asetek's patent (by way of Cooler Master) this could effect the Fury X in many ways.
This clears up a lot of information, I will add this to the source. Thank you. thumb.gif

Thanks! The Gamersenexus editorial did a good job without being so alarmist. I love OC3D, but who ever ripped off the post did it in an atrocious way. I'm happy to answer any questions anyone has about the lawsuit or Asetek. smile.gif
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