- Joined
- May 22, 2011
- Location
- USA
AMD And Gigabyte Receive Cease And Desist Letters From Asetek – Demanding Suspension Of R9 Fury X And Gigabyte GTX 980 Waterforce Sales
“Asetek’s attorneys have recently sent cease and desist letters to Gigabyte, demanding that it cease selling Giga-Byte’s GEFORCE GTX 980 Water Force (sold under at least model number GV-N980WAOC-4GD) because it contains the Seidon 120M found by the court to infringe Asetek’s patents.
Asetek’s attorneys have also written a cease and desist letter to AMD, demanding that it stop selling its Radeon R9 Fury X product, because it infringes Asetek’s patents. Our attorneys have had some difficulty obtaining a Gigabyte GV-N98TXTREME W-6GD, but we expect to receive and analyze one very soon for infringement.”
San Jose, September 23, 2015.
In late 2014, Asetek won a patent infringement case against CMI USA, Inc. (“CMI”) at the United States District Court for the Northern District of California. The jury unanimously ruled in favor of Asetek, and awarded damages based on a 14.5% royalty rate. In a post trial motion, CMI demanded a judgement as a matter of law and a new trial.
The court yesterday denied CMI’s demands, and instead substantially followed Asetek’s requests and issued a permanent injunction barring CMI and its parent Cooler Master from selling certain infringing products into the Unites States.
Also, the judge awarded Asetek enhanced damages i.e., a 25.375% royalty rate, on CMI’s revenues for sales of infringing products beginning January 1, 2015.
It should be noted that the matter is appealable by CMI.
“There is no licensing agreement in place with Cooler Master, nor do we plan to offer any in the foreseeable future. Asetek sued Cooler Master and CMI USA, Inc. (Cooler Master’s US affiliate) for infringement of Asetek’s US Patent Nos. 8,240,362 and 8,245,764, and the jury found that the Cooler Master products at issue infringe Asetek’s patents and awarded damages to Asetek. The judge also entered an injunction prohibiting Cooler Master and CMI USA from importing or selling the accused products in the US, and the judge awarded enhanced damages because of continued sales after the jury’s verdict. The injunction states ‘[a]s 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.”
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