[OC3D] AMD R9 Fury X could be affected by Asetek lawsuit

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tential

Diamond Member
May 13, 2008
7,355
642
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Yeah the question remains as to whether the Fury X cooler is using the infringing design or not, but if it is an infringing unit, its pretty cut and dry patent infringement. Like I say though, AMD likely has in the contract with CM that in the case of patent infringement the seller must provide a non infringing alternative or buy a license on the buyer's (AMD's) behalf. This is a standard clause in big contracts for things like that. I do this for a living.

The word "direct infringement" is a term of art and has a specific meaning in that context, which is that the alleged infringer's device literally does the things as claimed by the patent without having to combine references under 35 usc 103 (obviousness). Since CM just lost their infringement case on various models of their AIO coolers, if one of those AIO coolers is on the Fury X then using the infringing device is also infringement. 35 usc 271(a). "Indirect infringement" is another term of art which refers to 35 usc 271 (b) and (c) also known as induced infringement and contributory infringement.

An interesting side note since you are reading along, is check on the actual judgment (filing 249), page 5-6 about the experts chosen by both sides to testify. Then check page 16-17. Looks like Asetek picked a really good expert and CM picked an okay one. The judge and jury both gave asetek nearly everything they asked for because their expert seems like he was a lot better. Indicative of how it can all come down to that guy's resume versus the other guy's resume

Is this the same assumption that because AMD "invented" hbm, they have an exclusivity deal?

Not saying or doubting your expertise. Just saying we've seen AMD make massive missteps, before, I wouldn't be surprised if it wasn't as airtight of a contract as it needs to be.
 

Ranulf

Platinum Member
Jul 18, 2001
2,409
1,309
136
One may not like patents, but how about this:


Yeah, I saw that pic posted by the asetek sales rep on overclock.net. Then this from later in the thread:

http://www.overclock.net/t/1574682/...y-impacted-by-asetek-lawsuit/90#post_24444604

So that pic is from legitreviews: http://www.legitreviews.com/120mm-water-cooler-round-up-part-2-looking-inside_129601/7

And it is two zalman models taken apart.

Later the error is corrected:
http://www.overclock.net/t/1574682/...-impacted-by-asetek-lawsuit/110#post_24445637
 
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Sabrewings

Golden Member
Jun 27, 2015
1,942
35
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Yeah, I saw that pic posted by the asetek sales rep on overclock.net. Then this from later in the thread:

http://www.overclock.net/t/1574682/...y-impacted-by-asetek-lawsuit/90#post_24444604

So that pic is from legitreviews: http://www.legitreviews.com/120mm-water-cooler-round-up-part-2-looking-inside_129601/7

And it is two zalman models taken apart.

They later corrected it that they meant this photo:



They lifted the pic from the wrong page. The correct page is below:

http://www.legitreviews.com/120mm-water-cooler-round-up-part-2-looking-inside_129601/6

The Scythe is the Asetek. The other is in fact the CM design.

Edit: I see your ninja edit.
 
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Headfoot

Diamond Member
Feb 28, 2008
4,444
641
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Is this the same assumption that because AMD "invented" hbm, they have an exclusivity deal?

Not saying or doubting your expertise. Just saying we've seen AMD make massive missteps, before, I wouldn't be surprised if it wasn't as airtight of a contract as it needs to be.

What are you talking about? I specifically argued they almost certainly do NOT have patent exclusivity due to JEDDEC FRAND provisions and the nature of JEDDEC standards development...

They are a multi billion dollar enterprise. I highly doubt they hired lawyers incompetent enough to leave that provision out, and that negotiation is very rarely won by the seller because the buyer has the negotiation leverage as a potential customer. But if they did leave that out it would be pretty hilarious. I work on the sell side and I've had buyer's presumably competent lawyers leave out that provision, so it does happen. Not usually on deals that big though, as I imagine the CM contract would have to be for millions of dollars. If they left it out, it would be another indicator of incompetence for sure...
 
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KingFatty

Diamond Member
Dec 29, 2010
3,034
1
81
OK here are the links to the 2 patents at issue:

https://www.google.com/patents/US8240362?dq=8240362

https://www.google.com/patents/US8245764?dq=8245764

For the first patent '362, look at the independent claims 1, 14, and 17 - they claim a reservoir with lots of limitations in there about specifics to the reservoir. The drawings also look different than the photographs shown earlier in this thread.

But for the second patent '764, see FIG. 17, which looks more like the design in the photos. Here, independent claims 1, 10, and 15 appear to be much less specific than the first patent, so I'm guessing those are some powerful claims to assert against others because they would fit a broader range of designs.

Here is what claim 10 of the '764 patent says:
10. A cooling system for a computer system, comprising:
a centrifugal pump adapted to circulate a cooling liquid, the pump including:
an impeller exposed to the cooling liquid; and
a stator isolated from the cooling liquid;
a reservoir configured to be thermally coupled to a heat-generating component of the computer system, the reservoir including:
a thermal exchange chamber adapted to be positioned in thermal contact with the heat-generating component;
a separate pump chamber vertically spaced part from the thermal exchange chamber and coupled with the thermal exchange chamber through one or more passages configured for fluid communication between the pump chamber and the thermal exchange chamber, and wherein at least one of the one or more passages is offset from a center of the impeller.
 

RussianSensation

Elite Member
Sep 5, 2003
19,458
765
126
Some Sapphire Fury owners have reported that they were able to unlock 2/4 or even the entire locked units, which confirms that an air cooled Fury X with a solid cooler would be cool and quiet. Therefore, it's not the end of the world if AMD has to release an air cooled Fury X.

Furthermore, AMD has at least 3 months to find an alternative supplier. For example, they could switch to Asetek. I am pretty sure the EVGA Hybrid 980 uses an Asetek design so there is no reason to think that AMD couldn't just sign a new contract with Asetek and easily get out of the CM contract due to CM's infringement on Asetek's patent(s).



If anything, this might actually be good for AMD because it might force them to launch air cooled Fury Xs much sooner. There is still a group of gamers who will not consider an AIO CLC card, no matter the benefits and the lack of an air cooled Fury X turned those customers away.

If this matter is serious, I am sure AMD will issue a press release/statement about their solution to this.
 

tential

Diamond Member
May 13, 2008
7,355
642
121
What are you talking about? I specifically argued they almost certainly do NOT have patent exclusivity due to JEDDEC FRAND provisions and the nature of JEDDEC standards development...

They are a multi billion dollar enterprise. I highly doubt they hired lawyers incompetent enough to leave that provision out, and that negotiation is very rarely won by the seller because the buyer has the negotiation leverage as a potential customer. But if they did leave that out it would be pretty hilarious. I work on the sell side and I've had buyer's presumably competent lawyers leave out that provision, so it does happen. Not usually on deals that big though, as I imagine the CM contract would have to be for millions of dollars. If they left it out, it would be another indicator of incompetence for sure...
Way to take that comment personally. I have no idea what your personal stance is on hbm exclusivity I was simply drawing a parallel....
 

Rvenger

Elite Member <br> Super Moderator <br> Video Cards
Apr 6, 2004
6,283
5
81
AMD Fury X has a square block and not a round block of the copyright infringing unit.
 

Ranulf

Platinum Member
Jul 18, 2001
2,409
1,309
136

LTC8K6

Lifer
Mar 10, 2004
28,520
1,575
126
Some Sapphire Fury owners have reported that they were able to unlock 2/4 or even the entire locked units, which confirms that an air cooled Fury X with a solid cooler would be cool and quiet. Therefore, it's not the end of the world if AMD has to release an air cooled Fury X.

But...then...why...didn't...AMD...release...

Ahhhh...never mind.
 

antihelten

Golden Member
Feb 2, 2012
1,764
274
126
Does anyone know the patent number for the Asetek patent?

I wonder if the patent requires specific features of the middle item, the one that is substantially different between the two? For example, the above disc has very small semicircular holes with little posts staggered around it in the rectangular part, but the lower disc has gigantic holes with no staggered posts. If the Asetek patent requires the staggered posts and semicircular holes, perhaps the Coolermaster is a design-around to specifically avoid the patent?

It doesn't matter whether or not Cooler Masters product looks the same as Aseteks product, since the patents in question are not design patents and thus does not rely on looks. The patents are utility patents, and as such the question is simply whether or not Cooler Master copies the functionality of Aseteks patent. The functionally basically boils down to having an integrated pump sitting on top of the waterblock, with 2 separate reservoirs. One reservoir on top in which the pump propeller is located and one reservoir on the bottom in which the heat transfer from the waterblock happens.

In this case Cooler Master did copy the functionality, and as such are liable. But Cooler Master didn't even try to be subtle about it and not only copied the functionality, but in fact copied the design pretty much wholesale. The later would then be more of a trademark/trade dress issue, but since Asetek already won on patent infringement they probably don't care overly much about that.
 
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tential

Diamond Member
May 13, 2008
7,355
642
121
Yeah. Why release a water cooled Fury? That makes absolutely no sense. What will it cost? $600?
Some people want it? Why release gtx 980 kingpin? Some people want it. And since we don't see fury x.... I guess this is the new wc option lol.
 

railven

Diamond Member
Mar 25, 2010
6,604
561
126
Some people want it? Why release gtx 980 kingpin? Some people want it. And since we don't see fury x.... I guess this is the new wc option lol.

Hmmm...Well, yeah there is a portion of people that would want it. But to them I'd ask, why? And to XFX (or AMD), is there a surplus of Fiji Pro vs Fiji XT?

I mean, if you got the damn chip, just slap the Fiji XT into that WC...UNLESS, they can't. For contract reasons?

EDIT: Actually, at this point I'd rather see a Grenada XT with a WC.
 

LTC8K6

Lifer
Mar 10, 2004
28,520
1,575
126
I'm not sure why you'd want a water cooled Fury over the water cooled Fury X?

If the prices are close at all, who would buy the non-X version?

(Unless we can't get a Fury X)
 
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