Asetek demands AMD R9 Fury X graphics cards sales cease

[HEXUS]

And a Cease and Desist order was also issued against Gigabyte WaterForce cards.

Read more.

[shaithis]

Can't see how they can get out of that, other than someone stumping up some cash.

I now wonder if this was expected and factored into the price.

[cjs150]

Having had a quick look at the patents my first reaction was that I could not understand how they had been granted as they seem to me to be entirely obvious and there is clear prior art in the computer world (eg integrating pump and reservoir is an ancient idea going back to pool pumps)but the priority date for the patents are 2003 and 2005 respectively so my first reaction may not be correct.

Personally I do not buy into this closed loop water cooling. Watercooling only makes sense to me if you cool both CPU and GPU

[Corky34]

INAL but as those patents (8245764 & 8240362) refer to a cooling system for CPU's could it be argued that GPU's aren't covered?

That fact that Asetek was granted this patent in the first place speaks volumes about how badly broken US patent laws are IMO.

[Ogami]

This is exactly why we can't have nice things, suing each and every other person so companies can stay profitable or ahead.

[LSG501]

ok.... why do they need to stop selling the item.

I'm no lawyer but it seems that Coolermaster are still allowed to make the aio but have to pay royalties/back payments to Asetek. So this implies Coolermaster can still sell the item to AMD/Gigabyte to use on their gpu as long as Asetek receives their royalties of 25.375% of this years sales for it all to be 'legal'.

Clearly this seems like it's more about getting the contract for the aio production.

[spacein_vader]

ok.... why do they need to stop selling the item.

I'm no lawyer but it seems that Coolermaster are still allowed to make the aio but have to pay royalties/back payments to Asetek. So this implies Coolermaster can still sell the item to AMD/Gigabyte to use on their gpu as long as Asetek receives their royalties of 25.375% of this years sales for it all to be 'legal'.

Clearly this seems like it's more about getting the contract for the aio production.

The threat of halting sales is a legal tactic aimed at getting the plaintiff to pay up sharpish or settle out of court usually.

[crossy]

Having had a quick look at the patents my first reaction was that I could not understand how they had been granted as they seem to me to be entirely obvious and there is clear prior art in the computer world (eg integrating pump and reservoir is an ancient idea going back to pool pumps)but the priority date for the patents are 2003 and 2005 respectively so my first reaction may not be correct.

I'm with you on that opinion - maybe my memory is playing me false but didn't the Cray 2 (circa 1985) offer something called "immersion cooling" where the pump was in the reservoir? Failing that, as you say, there's enough examples of "prior art" in the non-computing field to make these "patents" extremely dubious.

I'm also confused how Asetek already successfully sued Coolermaster, yet now seemingly are able to go after Coolermaster's customers. Are these rapacious predators going to "do an MPAA" and start going after people who've installed Seidon and Nepton coolers in their PC's? Not that effects me since I'm currently using a Noctua air cooler.

I'm not impressed with Asetek, in my mind legal recourse invariably being the "refuge of a scoundrel" or at least for someone who can't compete on the technical level.

Personally I do not buy into this closed loop water cooling. Watercooling only makes sense to me if you cool both CPU and GPU

I disagree. CLC's make sense for the folks who's plumbing skills aren't up to the job of building a "proper" watercooling loop. Also I'll point out that fitting a CLC is (reputedly) no more difficult than a large air cooler, yet to cool a graphics card means having to uninstall that cards supplied heatsink setup - not a job for the faint of heart? CLC's are also sold on the basis as being "fire and forget" devices - no need to monitor coolant level/refill etc.

Interestingly enough I've been considering AIO/CLC setups for my next build, and both the EKWB and Swiftek units I've been steered towards are (a) cheaper than buying the equivalent set of parts separately, and (b) designed for CPU but have enough leeway to add a GFX loop later if you so desire.

Actually third point just occurred - you're assuming that the watercooled PC in question is used for something graphically demanding. I know of setups where this isn't the case and you end up needing a lot of cpu grunt, but a Geforce 950/960 is probably good enough to do what graphics you need.

[scaryjim]

ok.... why do they need to stop selling the item. ...

... I'm also confused how Asetek already successfully sued Coolermaster, yet now seemingly are able to go after Coolermaster's customers. ...

My GUESS (remembering that IANAL) is that the original rulings applied the royalties to specific infringing Coolermaster-branded products (probably by name), and that white-label offerings to OEMs weren't included. Asetek will need to demonstrate that the white-label coolers in the Fury X and other products are also infringing on the patents in question; of course that's relatively trivial if those products are direct derivatives of the named products that have already had royalty demands applied to them, but it will be a legal box that needs ticking. I believe there's also the risk of patents being revoked if the holders don't actively defend them, so NOT going after the vendors of white-label OEM products that might infringe the patents could weaken their claim against Coolermaster.

Patent law (particularly in the US) is hugely convoluted; I'm pretty sure the entire system was dreamed up purely to keep patent lawyers busy (after all, who knows what they might get up to otherwise ).

[cjs150]

crossy: I guess we will agree to disagree on the merits of AIO closed loop water coolers, they are a great introduction to the world of water cooling but moving on to custom loops is easy. Of course with each generation of CPUs we get improved power efficiency so cooling the CPU gets easier.

Going back to the case and the patents it looks as though Asetek are winning on the basis of combining the pump and water block together rather than pump reservoir (the patents as usual have multiple claims) so that the pump fits on top of the heat producing component. In 2003 that may well have been sufficiently novel for a patent - in which case Asetek have every right to chase those who are infringing it.

Personally I am wary of attaching a pump directly to the motherboard or GPU. Pumps vibrate, and I would hate that vibration to damage the components - that is why I will always prefer a separate pump attached to the case (admittedly with dampening materials)

[CustardInc]

Why is it that CoolIT haven't come under the same fire? They seem almost identical to Asetek's designs

[SHSPVR]

Asetek patents is on the integration of the pump into the chip block which is lame it all base a round fish aquarium and other tech, I don't know what the hell the Patented Office was thinking as is no diff then the electric water cooled motor with water pump that on gear reduction system mount dircet to motor and techly is no diff the how a hot rodded engine is cooled by using directly mount electric motor to drive a water pump impeller on water pump housing which has been around lot longer.
But if all you stop think about what dose the chip do make energy heat the cooler all it dose take alway that heat by transfer thur a radiator, to me it no diff the mechanical power energy heat by gas/diesel engine which around for 100 years.

[keithwalton]

A new use for an existing technology is fair game for patenting these days even if it's bleeding obvious you've just got to be the first one to file the paperwork.
So fish tank tech / automotive tech in a computer is entirely defend-able and different.

Trolls exist out there patenting all sorts of combinations of tech and uses in the hope that one day someone else will think it's a good idea and they can use it as a cash cow.

[kpkCioby]

Well, if it's their invention, they should be asked and payed first, before using their discoveries or technology. Too bad this didn't happen to big companies.

[CAT-THE-FIFTH]

AMD responds:

http://www.gamersnexus.net/industry/...-cnd-on-fury-x

“We are aware that Asetek has sued Cooler Master. While we defer to Cooler Master regarding the details of the litigation, we understand that the jury in that case did not find that the Cooler Master heat sink currently used with the Radeon Fury X infringed any of Asetek’s patents.”

[ik9000]

Cat, I think you cut short that quote too soon. Does it continue "so Asetek can go jog on" ?