Tuesday, September 6, 2016
Asetek Danmark v. CMI USA, No. 16-1026, Courtroom 201
In this appeal, the Federal Circuit will address infringement, validity, damages, and an injunction in an appeal involving computer cooling systems. Defendant-appellant CMI USA argues that its accused products lack a “removably attached” heat exchanging interface because the interface is not designed to be removed during use. In response, Patentee-appellee Asetek contends, among other things, that the jury’s infringement verdict is supported by substantial evidence, including the undisputed fact that the interfaces of the accused products are held in place by removable screws.
The Federal Circuit will also address whether the patent is valid over certain prior art and whether Asetek’s damages expert, as CMI contends, improperly asserted a lost-profits claim under the guise of a reasonable royalty. Finally, the Federal Circuit will address whether the district court abused its discretion by specifically naming CMI’s affiliate (Cooler Master) in a permanent injunction where the district court found that the non-party affiliate was working in active concert with CMI to infringe in the U.S.