[GamersNexus] Asetek Demands AMD Cease Sales of Fury X on Infringement Claims

[railven]

They sent it on a whim hoping for voluntary compliance. They were hoping AMDs lawyers were terrible or at least less shrewd. Obviously AMD didn't comply because they know they don't have to. Asetek will have to sue again to have more products ruled upon. The current suit started in 2013. By the time they even get this to court AMD won't even be producing or selling the Fury X. Also, it's going to cost Asetek more money to sue again. Asetek is looking screwed to me.

According to some arguments in this thread, Asetek owns anything that has a pump on a cooling plate. So either the Fury X cooler is infringing or that argument holds no water.

Would be interesting to see what Asetek does.

 

[MrTeal]

According to some arguments in this thread, Asetek owns anything that has a pump on a cooling plate. So either the Fury X cooler is infringing or that argument holds no water.

Would be interesting to see what Asetek does.

Well, whether or not the Fury X cooler is infringing hasn't been decided yet as it came out after the injunction. Given that the injection covers essentially Cooler Master's entire AOI lineup, both their own designs and the Swiftech made stuff, it's hard to imagine it wouldn't have been included if Asetek had listed it in their claim.

 

[Despoiler]

According to some arguments in this thread, Asetek owns anything that has a pump on a cooling plate. So either the Fury X cooler is infringing or that argument holds no water.

Would be interesting to see what Asetek does.

I don't think you understand that the trial didn't rule on AMD product. The trial started in 2013 so it ruled on products available for sale in 2013. If the Fury X is exactly the same or close enough design then it will be quicker to win based on the current trial. There needs to be another trial to rule on it. You do not have to comply with C&Ds. Non-compliance simply means you are taking the issue to court.

https://en.wikipedia.org/wiki/Cease_and_desist

 

[railven]

Well, whether or not the Fury X cooler is infringing hasn't been decided yet as it came out after the injunction. Given that the injection covers essentially Cooler Master's entire AOI lineup, both their own designs and the Swiftech made stuff, it's hard to imagine it wouldn't have been included if Asetek had listed it in their claim.

I don't think you understand that the trial didn't rule on AMD product. The trial started in 2013 so it ruled on products available for sale in 2013. If the Fury X is exactly the same or close enough design then it will be quicker to win based on the current trial. There needs to be another trial to rule on it. You do not have to comply with C&Ds. Non-compliance simply means you are taking the issue to court.

https://en.wikipedia.org/wiki/Cease_and_desist

I get that. Did you guys not see where I said "Would be interesting to see what Asetek does."

 

[Despoiler]

I get that. Did you guys not see where I said "Would be interesting to see what Asetek does."

My bad then.

 

[railven]

My bad then.

Nah, no worries. I'm actually interested to see if Asetek sues (I wonder if they'd also have to sue Gigabyte?)

Test their patent holdings!

 

[MrTeal]

Nah, no worries. I'm actually interested to see if Asetek sues (I wonder if they'd also have to sue Gigabyte?)

Test their patent holdings!

I'm not exactly sure how that would work with suing AMD and Gigabyte. Cooler Master is the one infringing on the patents, so you would think that they would have to take CM to the ITC to show that the coolers in the Fury X and Waterforce are similar to the products in the existing injunction.

Sho'nuff would probably be the guy to ask about that.

 

[railven]

I'm not exactly sure how that would work with suing AMD and Gigabyte. Cooler Master is the one infringing on the patents, so you would think that they would have to take CM to the ITC to show that the coolers in the Fury X and Waterforce are similar to the products in the existing injunction.

Sho'nuff would probably be the guy to ask about that.

They'd have to include all parties. Cooler Master would be the primary, but AMD/GIgabyte would be secondaries since they're using/licensing products that could possibly be infringing.

I'm not saying if Asetek were to win AMD/Gigabyte would have to pay them damages, but they'd probably have to yank their products, or instead of paying CM royalties/licensing fees, that would go to Asetek.