TO:
`
`Mail Stop 8
`Director of the U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`In Compliance with 35 § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`filed in the U.S. District Court
`on the following
`X Patents or
`C1 Trademarks:
`
`DOCKETNO.
`CV 12-04498 NC
`PLAINTIFF
`ASETEK HOLDINGSINC
`
`DATE FILED
`8/27/12
`
`U.S. DISTRICT COURT
`450 Golden Gate Avenue, 16" Floor San Francisco, CA 94102
`DEFENDANT
`COOLIT SYSTEMS INC
`
`PATENT OR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`
`
`
`
`
`DATE INCLUDED
`
`In the above—entitled case, the following patent(s) have been included:
`INCLUDED BY
`
`PATENT OR
`TRADEMARK NO.
`
`TRADEMARK
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`
`
`August 28, 2012
`
`
`
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`pe
`po
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`po
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`(] Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`C] Answer
`
`LC Cross Bill
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`(_] Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`In the above——entitled case, the following decision has been rendered or judgementissued:
`DECISION/JUBGEMENT
`
`Richard W. Wieking
`
`Alfred Amistoso
`
`(BY) DEPUTY CLERK
`
`Copy !_Uponinitiation ofaction, mail this copy to Commissioner Copy 3—Uponterminationof action, mail this copy to Commissioner
`Copy 2—Uponfiling document adding patent(s), mail this copy to Commissioner Copy 4—Casefile copy
`
`

`

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`Robert F. McCauley (SBN 162056)
`robert.mccauley @finnegan.com
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`3300 Hillview Avenue
`Palo Alto, California 94304
`Tel: (650) 849-6600
`Fax: (650) 849-6666
`
`Attorneys for Plaintiffs ASETEK HOLDINGS, INC.
`and ASETEK A/S
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`ASETEK HOLDINGS, INC. and ASETEK
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`Plaintiffs,
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`Vv.
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`DEMANDFOR JURY TRIAL
`
`COOLIT SYSTEMSINC.,
`
`Defendant.
`
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`COMES NOWPlaintiffs Asetek A/S (““Asetek”) and Asetek Holdings,Inc., by and through
`
`their attorneys, and for their Complaint against CoolIT SystemsInc. (“CoolIT” or “Defendant’),
`
`state as follows:
`
`NatureoftheAction
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`1. This Complaint seeks judgmentthat CoolIT has infringed and continuesto infringe Asetek’s
`
`U.S. Patent Nos. 8,240,362 (“the ’362 patent”) and 8,245,764 (‘the ’764 patent”) (collectively,“the
`
`Patents-in-Suit”). The Patents-in-Suit relate to a cooling system and cooling method for a computer
`
`system. A true and accurate copy of the ’362 patent is attached hereto as Exhibit A. A true and
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`accurate copy of the ’764 patentis attached hereto as Exhibit B.
`
`The Parties
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`2. Plaintiff Asetek Holdings, Inc. is organized and exists under the laws of Delaware. Asetek
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`Holdings, Inc.’s principal place of business is 5285 Hellyer Avenue, Suite 110, San Jose, California
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`3. Plaintiff Asetek is a corporation organized and existing under the laws of Denmark, and has
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`its principal place of business at Saltumvej 27, DK-9700 Broenderslev, Denmark. Asetek is the
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`ownerofthe Patents-in-Suit, and is a wholly owned subsidiary of Asetek Holdings,Inc.
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`4. Upon information and belief, Defendant CoolIT is a corporation operating and existing under
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`the laws of Canadawith its principal place of business at 3920 29th Street NE, Calgary, Alberta,
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`Canada T1LY 6B6.
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`Jurisdiction
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`5. This Court has subject matter jurisdiction over this complaint pursuant to 28 U.S.C. §§ 1331
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`and 1338(a), and underthe patent laws of the United States, 35 U.S.C. § 1, et seq.
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`6. This Court has personal jurisdiction over CoolIT because CoollTinfringes the Patents-in-
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`Suit in the United States, in California, and in this judicial district. CoolIT maintains a website via
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`whichit promotes and offersto sell its infringing products to customers, including customers in the
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`United States, in California, andin this judicial district. Amongother things, upon information and
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`belief, CoolIToffers to sell andsells its infringing products to Corsair Components, Inc. and Corsair
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`Memoty,Inc.(collectively “Corsair”) for importation, promotion,sales, and distribution to end users
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`3205517 £.DOCXK
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`throughout the United States, including in California andin this judicial district. Corsair’s principal
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`place of business is in Fremont, California, in this judicial district. CoolIT’s website identifies
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`Corsair as a “proud retailer of CoolIT’s liquid cooling solutions.” CoolIT further identifies Corsair
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`as a “retail partner”on its website, and furtherstates that “[d]ue to our partnership with Corsair for
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`the retail market, please visit the Corsair website for any direct retail sales inquiries.” Upon
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`information and belief, Coollt has entered into one or more contracts with Corsair for this
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`“partnership” and the promotion, importation,offers for sale, sale, and distribution of CoolIT
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`products, including productsthat infringe the Patent-in-Suit, to end users in the United States
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`(including California and this judicial district). Upon information and belief, CoolIT derives
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`substantial revenue from its sales of infringing products to Corsair in California and this judicial
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`district, and CoolIT purposefully avails itself of the privilege of conductingactivities in California,
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`thus invoking the benefits and protections of the laws of California.
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`Facts
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`7. Asetek is the world leading provider of CPU and GPU liquid cooling systems for thermal and
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`acoustic management. Asetek’s solutions are used by leading OEMsservicing the gaming,
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`workstation and performance PC markets. In 2006, the company madea strategic decision to shift
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`its focus to providing water-based cooling solutions for the OEM marketandintroducedthefirst
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`fully assembled, factory sealed liquid cooling system. In addition to being designedfor
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`manufacturing and providing up to 50,000 hours of maintenance-free operation, Asetek shattered
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`liquid cooling’s price barriers. Asetek is now the vendorofchoice for CPU coolingin factory
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`overclocked gaming systems, serving Dell Alienware, Acer and multiple leading gaming system
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`providers.
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`8. Asetek is also active in the workstation market, supplying liquid cooling for HP’s 7400 and
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`Z800 workstations and several tier 2 workstation suppliers. “Quiet computing” and reliability are
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`the principle drivers for superior thermal managementwithin the workstation market. Liquid
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`cooling delivers both by moving heat to a location where it can be exhausted directly from the
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`chassis using modestair flow velocities, reducing internal chassis temperatures and lowering system
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`9. Asetek is addressing the server market with its new low profile integrated pump and cold
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`plate CPU cooler. The low profile pumpis sized perfectly to fit in 1U rack servers. The company’s
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`heat exchanger technologyfor servers is derived from solutions the company has developedforall-
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`in-one and notebook PCs. Within the server market the key benefits of water-based cooling are
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`enabling increased thermal density and energy savings.
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`10. CoolIT identifies itself a “leading supplier of reliable and customizable liquid cooling
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`solutions for computers.” CoolIT touts its liquid cooling solutions for computers by stating onits
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`website (www.coolitsystems.com), among other things, that:
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`If you are integrating liquid cooling into your systems todayor are looking to do so soon,
`CoolIT offers customizable solutions that fit your specific requirements.
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`The Future ofEnterprise Cooling
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`Liquid cooling has recently become a requirement of high-end desktop processors with the
`launchof the Intel® Core™17-3900series. ...
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`CoolIT Systems ... offers a compelling alternative with the ECO II series self-contained
`liquid coolers. ECO II was designed fromthe ground up to be the highest performance liquid
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`solution available with a design featuring thoughtful touches to make integration easier and
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`11. Upon information andbelief, CoolIT is an original equipment manufacturer (“OEM”) and
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`manufacturesat least the H60, H80, and H100 liquid cooling products that infringe the Patents-in-
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`Suit. Upon information and belief, CoolIT offers to sell and sells at least the H60, H80, and H100
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`products to, at least, Corsair in the United States, and Corsair then offers to sell and sells them to end
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`users in the United States, in California, and in this judicial district. Upon information andbelief,
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`CoolIT’s claimed “partner” Corsair has demonstrated these CoolIT products at trade shows within
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`the United States, and has sent out product samples to potential customers within the United States.
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`Upon information and belief, CoolIT is also offering to sell andis selling cooling products that
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`infringe the Patents-in-Suit to additional resellers in the United States, who then offer to sell and sell
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`them to end in the United States.
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`COUNTI
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`Infringement of U.S. Patent No. 8,240,362
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`12. Plaintiffs incorporate by reference each and every allegation set forth in paragraphs 1 through
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`11 of this Complaintas if fully set forth and restated herein.
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`13. The ’362 patententitled “Cooling System for a Computer System” was duly andlegally
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`issued by the United States Patent and Trademark Office (“PTO”) on August 14, 2012. Asetek is the
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`sole and exclusive ownerof the °362 patent. CoolIT, without authority or consent of Asetek, has
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`been and continuesto offer to sell and sell in the United States products that infringe the ’362 patent,
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`including but notlimited to the H60, H80, and H100 cooling products. Coollt has directly infringed
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`and continuesto directly infringe the ’362 patent.
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`14. Atleast as of the date of this complaint, CoolIT has knowledgeof the ’362 patent and, upon
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`information and belief, has induced and continues to induce direct infringementof the ’362 patent by
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`aiding and abetting infringement by customersin the United States, including but notlimited to
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`customers of the H60, H80, and H100 cooling products. CoolIT has intentionally taken action that
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`has actually induced and continues to induce direct infringement by customers in the United States,
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`and has knownthatthe acts it has been and is causing infringe the ’362 patent. Theseacts include,
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`butare not limited to, CoolIT’s promotion on its website and its partnership with Corsair for the
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`promotion,offers to sell, and sales of H60, H80, and H100 cooling products in the United States.
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`15. Atleast as of the date of this complaint, CoolIT has knowledge ofthe ’362 patent and has
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`contributed and continues to contribute to direct infringement of the 362 patent by supplying an
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`important (material) component ofthe infringing products and method to customers in the United
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`States, including but notlimited to the H60, H80, and H100 cooling products, which are not a
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`common components suitable for non-infringing use. CoolIT supplies the components with
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`knowledge of the ’362 patent and knowledge that the components were especially made or adapted
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`for use in an infringing manner, and that customers andendusers directly infringe the ’362 patent in
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`the United States.
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`16. CoolIT’s infringement of the 362 patent has caused andcontinues to cause damages and
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`irreparable harm to Plaintiffs.
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`3905517 1.DOCXK
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`COUNT II
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`Patent Infringement of U.S. Patent No. 3.245.764
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`17. Plaintiffs incorporate by reference each and every allegation set forth in paragraphs 1 through
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`16 of its Complaintas if fully set forth and restated herein.
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`18. The ’764 patententitled “Cooling System for a Computer System” was duly andlegally
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`issued by the United States Patent and Trademark Office (“PTO”) on August 21, 2012. Asetek is the
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`sole and exclusive ownerof the ’764 patent. CoolIT, without authority or consent of Asetek, has
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`been and continuesto offer to sell and sell in the United States products that infringe the ’764 patent,
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`including but not limited to the H60, H80, and H100 cooling products. Coollt has directly infringed
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`and continuesto directly infringe the ’764 patent.
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`19. Atleast as of the date of this complaint, CoolIT has knowledge of the ’764 patent and, upon
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`information and belief, has induced and continues to induce direct infringement of the ’764 patent by
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`aiding and abetting infringement by customersin the United States, including but not limited to
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`customers of the H60, H80, and H100 cooling products. CoolIT has intentionally taken action that
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`has actually induced and continues to induce direct infringement by customers and end users in the
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`United States, and has knownthatthe acts it has been causing would infringe the ’764 patent. These
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`acts include, but are not limited to, CoolIT’s promotion on its website and its partnership with
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`Corsair for the promotion,offers to sell, and sales of H60, H80, and H100 cooling products to
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`customers and end users in the United States.
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`20. At least as of the date of this complaint, CoolIT has knowledgeof the ’764 patent and has
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`contributed and continuesto contribute to direct infringement of the ’764 patent by supplying an
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`important (material) componentof the infringing products and method to customers and end users in
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`the United States, including butnot limited to the H60, H80, and H100 cooling products, which are
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`not a common componentssuitable for non-infringing use. CoolIT supplies the components with
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`knowledgeof the ’764 patent and knowledge that the components were especially made or adapted
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`for use in an infringing manner, and that customers and end users directly infringe the ’764 patent in
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`3905517 1 DOCX
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`COMPT AINT FOR PATENT INEBRINGEMENT
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`21. CoollT’s infringementof the ’764 patent has caused and continues to cause damages and
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`irreparable harm to Plaintiffs.
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`PRAYER
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`WHEREFORE,Plaintiffs respectfully pray that the Court enter judgmentin their favor and
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`award the following relief against CoolIT:
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`A.
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`A judgmentin favorof Plaintiffs that CoolIT has infringed, directly, contributorily,
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`and by inducement, the Patents-in-Suit;
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`B.
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`Preliminarily and permanently enjoin CoolIT andits officers, directors, employees,
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`agents, licensees, representatives, affiliates, related companies, servants, successors and assigns, and
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`any and all personsactingin privity or in concert with any of them, from further infringing upon the
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`Patents-in-Suit;
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`C.
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`Award Plaintiffs actual damages pursuant to 35 U.S.C. § 284, in an amountto be
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`determinedat trial, as a result of CoolIT’s infringement of the Patents-in-Suit;
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`D.
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`Find this to be an exceptional case and award Plaintiffs their costs and attorney’s fees
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`under 28 U.S.C. § 285; and
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`E.
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`Award and grant Plaintiffs such other and further relief as the Court deems just and
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`proper underthe circumstances.
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`Plaintiffs demanda jurytrial on all matters triable to a jury.
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`DEMAND FOR JURY TRIAL
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`Dated: August 27, 2012
`
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`
`
`By: bt A144
`
`Robert F. McCauley
`Attorneys for Plaintiffs
`Asetek A/S and Asetek Holdings, Inc.
`
`32905517 1nWogcyK
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