Cooler Master Responds to Fury X Infringement Claims (Report)
Cooler Master Responds to Fury X Infringement Claims (Report)
2015-12-18
swift tech school IT Coolermaster and
AMD have all attracted the legal ire of
liquid cooling supplier ace attack who
hold two relevant patents to liquid
cooler designs specifically pertaining
to closed-loop or all-in-one liquid
cooler design and we recently posted a
few exclusive stories about this
including an update on a syntax current
posturing against AMD ace tech issued a
cease and desist order to am the
demanding that the sale of the RN I in
fury X halt immediately they also issued
a CMD to gigabyte over the GTX 980 water
force card using a closed-loop liquid
cooler for its thermal dissipation as
well and this video should serve as a
means to recap everyone on the history
to this point talk about what those
patents mean what they protect
intellectually and cover the whole
history of legal action between ASA tech
Kuwaiti Coolermaster what looks to be
AMD in the future it's all it's very
intriguing to follow and there's a lot
of history behind this specific segment
of the industry so that's what we're
here to talk about today the lawsuits in
C and D orders have been going on for
years now with asa tech successfully
knocking swift x h2 20 out of the US
market in 2013
winning a banishment on CMI USA liquid
cooling products from the u.s.
marketplace and receiving settlements
from its ELC competitor cool IT but who
is ASA Tech and what is the history of
these legal matters leading to today's
news asa Tech is a liquid cooling
supplier or om Original Equipment
Manufacturer and it is their job to
supply a finished product to the
manufacturers with which you were all
familiar that would include Corsair
actively making several of the coolers
for them NZXT with the X 60 1 X 41
thermal take of the big water coolers
and even Intel with some of their own
liquid coolers and previously and this
one is important Andy for the r9 295x2
that was actually supplied by ASA tech
in cooperation with AMD so this is a
company that's supplying the underlying
liquid cooler to the products that you
were ultimately buying and we have a
separate video that talks about all of
this if you're curious to learn more but
the manufacturers do still have input so
they're not just putting a sticker on a
product they do actually provide some
level of input and this is part of the
normal ecosystem for the industry cool
IT is another one of these suppliers
Coolermaster another supplier and there
are plenty of other ones this table was
created for a separate article and video
entitled who makes your liquid coolers
and shows exactly who is making the end
product that you're buying in this case
we see that ASA Tech largely dominates
the name brands and is responsible for
supplying popular CLC s like the Corsair
H 100 I GTX and NZXT X 61 CLC's
Coolermaster is another major supplier
and outside of liquid is best known for
its provision of Intel and and the stock
air CPU coolers cooler masters liquid
coolers include the side on Neptune and
Glacier series but glacier is actually a
rebadge interestingly of the Swift tech
h2 twenty-something we'll get into
momentarily in a lot more depth a couple
of other suppliers exist in the field
like a politic who work with enter Max
and Silverstone and cool IT responsible
for coursers age 60 H ATI
H 100 I and a couple of other cooling
devices right all the players
established
let's roll into the patents and what
they mean for this case ASA Tech holds
two US patents that are relevant to this
story and those patent numbers are eight
two four zero three six two and eight
two four five seven six four there's
another one we'll talk about in a bit
and these were awarded on the priority
dates of November 7th 2003 and May 6th
2005 respectively
the entirety of ASA Tech's recent legal
battles can pretty much be boiled down
to these two patents within the
enthusiasts ELC market there's one more
again that will come shortly and these
are what we'll be looking at going
forward in terms of the infringing
products and allegations of infringement
and things of that nature at a top level
these patents ultimately boil down to
the specific implementation
of a pump oriented atop the cold plate
all housed within a single block for
placement directly atop the silicon chip
in its patents a stack holds the rights
to the pump on cold plate invention for
both CPU and GPU cooling and has been
recently awarded with additional patents
in China and 11 European countries which
will become a topic for discussion in a
moment as we move into Swift Tech Asia
vital components or ABC is another major
CLC OEM and on September 30th 2014 ABC
challenged the validity of Asia tax
patents but was dismissed on February 27
2015 by a federal judge in the US the
court concluded that ABC had not
presented a justiciable case and thus
dismissed that case and this will become
a trend for ASA Tech's patents where
they successfully defend them going
forward as you'll see in our timeline in
a moment the patents have been used as
the foundation for several legal actions
over the past few years and recapping
that history we start with liquid
cooling manufacturer tech and the
competitor cool IT back in 2003 a Stax
founder and CEO first began documenting
the engineering that would become
patents three six to seven sixty four
and seven six eight a few years later
ASA tech became the first liquid cooling
manufacturer to sell an all-in-one
liquid cooling product which it named
low-cost liquid cooling or LC LC an
exclusive at the time for PC cooling
this was the first of its kind on the
enthusiast market or enterprise markets
and shortly later in 2006 ASA Tech
applied for international patents at the
US Patent and Trademark Office during
this time both ASA tech and competing
CLC manufacturer cool IT gained
popularity and rocketed to the top in
the enthusiast and enterprise segment
2007 sees cool I t's invention of the
fluid heat exchanger that provides a
split flow for liquid cooling devices
and it will later become patented in
August 2012 a stack was granted the
patents it requested in 2006
those three patents would catalyze the
next three years of legal action
as pursued by the company almost
immediately following the receipt of
these three patents ace attack filed a
lawsuit against see LCOE M cool IT for
alleged infringement on its design and
the root of this infringement accusation
can be drawn to the pumps orientation
atop the cold plate something that ASA
tech did first and for which it was
awarded with these patents on January
31st 2013 ASIC launched a patent
infringement case against the
significantly larger Coolermaster USA or
CMI USA who had ventured into CLC
territory with all-in-one coolers
coolermaster side on Neptune and later
its Glacier series would become targets
of these infringement allegations and on
June 7th 2013 the Swift tech received a
CND letter from ASA Tech's lawyers
ASA tech alleged that the h2 20 all in
one liquid cooler infringed upon patents
362 and 764 demanding that Swift tech
halt sales and import of its h2 20 in
the US markets immediately Swift tech
shortly following this also in 2013
complied with this request and pulled
its H 220 from the market in October of
2013 just months after Swift tech
received the CMD from ASA tech
Coolermaster USA announced its Glacier
series of all-in-one liquid coolers
under a new name these coolers were
actually introduced as rebadge 'as of
the swift tech h 220 supplied to
Coolermaster by swift tech our informed
speculation is that coolermaster likely
granted indemnity to Swift tech for
their supply of the h2 20 thus allowing
the cooler to again be sold in the u.s.
under a new brand and name and expanding
cooler masters product line let's look
back a minute at Kuwaiti so you remember
there was an ASA tech filed lawsuit
against Kuwaiti in 2012 at this point
we're currently in 2013 that that is
still going on rolling into 2014 in June
Kuwaiti issued its own a lawsuit against
ASA tech alleging that ASA tech had been
guilty of infringing upon a split flow
fluid heat exchanger which if you recall
back
2007 was a device that Kauai Tia had
invented in 2014 a Kuwaiti
just received its patent for this device
and immediately launched its lawsuit
against ASA tech as what we would
imagine to be a retaliation for a stacks
own lawsuit against Kuwaiti so at this
point in time both of those are still
ongoing coolermaster is creating swift
tech products with a new badge and swift
tech has pulled some of its coolers from
the US market under ASA taxi and the
orders two months later in August 2014
ASA Tech published an eager press
release indicating a quote design win
with an undisclosed om customer for a
graphics liquid cooling product this was
clearly an D as Nvidia had no known
liquid products at this time and looking
back in time never officially made any
of those would be out by now and that
became the r9 fury X becoming a point of
contention in the near future September
12 2014 a month later rumors and leaked
photos of initial Radeon face plates for
future GPU revealed CLC mounting
brackets and all but confirmed that the
fury X which we at that point in time
didn't know the name of would be a
liquid cooled Andy product come December
of 2014 a jury found Coolermaster guilty
on several counts of patent infringement
against ASA tech judge tigar imposed a
14.5 percent royalty on Coolermaster
USA's to date sales of affected CLC s
totaling more than $400,000 in damages
owed to ASA tech this marks the first
major public victory for ASA tech ruling
into this year 2015
Kuwaiti and ASA Tech agreed to settle
that first lawsuit that ASA tech imposed
on Kuwaiti and they settled in February
with Kuwaiti slated to owe an amount
that had been yet undisclosed at the
time
- ASA tech this is where we as a website
began to closely follow the story
writing our first major piece about the
legal battles On February 8th 2015
Kuwaiti CEO and CTO Jeff Leon
emailed us directly to comment on the
story stating quote I read your article
and thought I'd add some clarity I
wanted to let you know that there will
be no disruption in our supply of
cooling systems to Corsair or any of our
other customers as a result of
settlement with ASA Tech in actual fact
it has not been decided if there will be
any damages due to ASA Tech at all since
there's still no indication of
infringement the fact is that the
settlement will have no impact on our
business at all aside from our
management team no longer having to
waste time energy and money on this
ciliate lawsuit a few months later
Kuwaiti completed its payment to ASA
Tech of 1.9 million dollars for that
settlement in April a California federal
judge denied CMI USA's attempt to
invalidate a stack schooling patents for
quote obvious nests moving forward
rapidly now September 23rd of 2015 sees
another ASA tech victory over
Coolermaster ASA Tech was granted an
injunction against CMI USA following the
CMI is a failure to pay on the royalties
owed increasing the royalty fee from
fourteen point five percent to twenty
five point three seven five percent from
January 1 and forward cm I was also
barred from sale of its infringing CLC s
in US markets and CMI USA is today
appealing this decision and E launched
its fury acts in June but was found to
be using a Coolermaster CLC for its
thermal dissipation we discussed the
engineering and design of this cooling
solution very heavily in our fury x
review if you want more detail on how
that's all assembled no asa tech coolers
were found on fury x cards we're caught
up to the last few months now at this
point and on December 5th 2015
we at gamers Nexus received a direct
statement from ASA Tech that the company
had issued cease and desist orders to
gigabyte for its GTX 980 water force
card and Andy Ford's r9 in fury X card
ASA Tech demanded that and ESC sales of
the fury X immediately alleging that the
fury ax infringes upon the same patents
that Coolermaster just lost to in its
own case where it now owes
attack a significant sum of money and
the then contacted gamers Nexus with its
own statement on the legal matters at
hand and we've reproduced that on the
screen here the statement reads we are
aware that ASA Tech has sued
Coolermaster while we defer to
coolermaster regarding the details of
the litigation we understand that the
jury in the case did not find that the
Coolermaster heatsink currently used
with the Radeon fury X infringed on any
of ASA tax patents basically and the
deferred to Coolermaster a few days
later Coolermaster Taiwan reached out to
us at gamers Nexus Tana and provided its
own statement cm initially supplied us
with a statement that was almost
partially misleading whether it was
intended or not claiming that a stack
had dismissed its case against
Coolermaster entirely the statement also
suggested that the fury X card had been
cleared and infringement but in reality
the fury ax hadn't even been included in
the suit against CMI USA because it
didn't yet exist it wasn't until several
pressing emails later that we reached a
better understanding with one another
and you can find all those emails
published in their entirety in our
article linked in the description below
but on screen now is the official
statement from coolermaster Taiwan and
this is the big differentiator here that
we had to get out of them for their
later statements not provided freely in
the first statement Coolermaster that
reached out to us is a Coolermaster
Taiwan not Coolermaster USA or CMI USA
now these are all related companies CMI
USA sells the liquid coolers and other
products that coolermaster makes and CMI
USA sells them in America
ASA Tech originally levied its
infringement lawsuit against
coolermaster in Taiwan but dismissed
that case when it later found that CMI
USA is the party or entity independently
responsible for the sale of the CLC's
that Coolermaster sells in the u.s. so
that's where that statement comes from
that's why they say was dismissed when
that is technically correct to us as as
enthusiasts as journalists as readers
and viewers the statement that the claim
dismissed does sound a bit like a stack
dismissed all claims when in fact that
is not true they pursued a different
segment of Coolermaster CM also noted
that there are significant design
differences with the fury actually
pressed them for details but very
understandably they are unable to
provide those at this time beyond some
very ambiguous basics because this is an
ongoing legal matter they can't speak
too much to journalists they've got to
go through lawyers obviously but the one
point that was brought up is that there
are separable chambers for the fury acts
CLC and that likely is indicating the
chambers used for vrm and vram cooling
specifically which the a-stack products
don't do however ASX patent is on the
pump on coal plate design which is used
in the fury ax CLC so it's something
that will have to be battled out either
in court or settled or whatever as of
right now there's only a CMD against AMD
from selling that's r9 fury ax and ii
has rather expectedly opted to continue
selling in its fury ax and until a point
at which a Sutekh decides it is going to
further its legal action and pursue
either and the or Coolermaster for this
next infringement case the fury x will
remain on the market so long as it's
normal supply allows now we did some
further research and found shipping logs
documenting delivery of asa tech coolers
on the fury x card to AMD which would
suggest that Andy had originally planned
to at least investigate using a z'
attack they had used ASA tech before but
instead opted for what was likely a
cheaper solution from coolermaster with
whom is tech had been publicly legally
engaged during the period that this
contract likely would have been
negotiated so that brings us up to date
on all the legal conflict we don't yet
know how am the ASA tech and cooler
master will settle these differences but
it is very clear that in the least the
fury X is implicated in some ways
because there were products shipped to
and the for use on the fury ax by ACE
attack so there was some contact there
and one would imagine that his tech
would make very clear as they had done
publicly that there is an infringement
case with Coolermaster so that's
hopefully answering the question that
we've seen on forums of why is Andy
getting dragged into this they just
bought a bulk order of product how are
they held responsible and that's all
documented in this video in our article
linked in the description below where we
basically talked about and have talked
about the process from the past till now
of a stack defending its patent against
Coolermaster kawaii and others and it's
dragon AMD into the mix because and the
potentially and this is probably what
asia tech might think knowingly opted to
use a competing product when asa tech
had obviously delivered a solution to
aim the for use and its fury x so that's
everything as we understand it right now
there's a lot more going on to these
cases and we'll just have to wait and
see how it develops and what happens i'm
not really here to comment on whether I
think the patents are valid or
legitimate or useful or not that is
certainly up to you guys to talk about
the comments it's not what I'm here for
though I'm just here to recap at all and
the courts have already begun ruling on
those types of things so if you want to
read the cases they are online publicly
and freely that is it for this video if
you like this type of coverage if you
like the depth that we go onto and
independence that we hold then please
hit the link in the description below
for the article hit the patreon link in
the post role video to help us directly
and just comment share the video stuff
like that thanks for watching I'll see
you all next time
you
you
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