TRADEMARK
`
`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 advisedthat a court action has been
`filed in the U.S. District Court
`on the following
`X Patents or
`C} Trademarks:
`
`DOCKET NO.
`CV 12-04498 NC
`PLAINTIFF
`ASETEK HOLDINGS INC
`
`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
`
`
`
`In the above—entitled case, the following patent(s) have been included:
`
`DATE INCLUDED
`
`INCLUDED BY
`
`PATENT OR
`TRADEMARK NO.
`
`[-] Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`CJ Answer
`
`LC Cross Bill
`
`(.) Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`
`
`HOLDER OF PATENT OR TRADEMARK
`
`
`(BY) DEPUTY CLERK Richard W. Wieking
`
`ESO
`eo
`eo
`eo
`
`In the above—entitled case, the following decision has been rendered or judgement issued:
`
`DECISION/JUDGEMENT
`
`Copy 1—Uponinitiation of action, mail this copy to Commissioner Copy 3—Upon termination of action, mail this copy to Commissioner
`Copy 2—Upon filing document adding patent(s), mail this copy to Commissioner Copy 4—Casefile copy
`
`Alfred Amistoso
`
`August 28, 2012
`
`

`

`
`
`a
`
`ace
`
`LUNA ADT ATAIT CAD DATCATT IFATOCDIAIMlCALACAIT
`
`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
`
`UNITED STATES DISTRICT COURT
`
`Cc
`
`NORTHERNDISTRICT OF CALIFORNIA
`
`A2o.49 8
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`DEMAND FOR JURY TRIAL
`
`ASETEK HOLDINGS,INC. and ASETEK Se
`
`Plaintiffs,
`
`v.
`
`COOLIT SYSTEMSINC.,
`
`Defendant.
`
`
`AANLZ SEIT 1 Mmmm
`
`ao
`
`OAaHDNN
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`

`

`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:
`
`Nature of the Action
`
`1. This Complaint seeks judgment that 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
`
`accurate copy of the ’764 patentis attached hereto as Exhibit B.
`
`The Parties
`
`2. Plaintiff Asetek Holdings, Inc. is organized and exists under the laws of Delaware. Asetek
`
`Holdings, Inc.’s principal place of business is 5285 Hellyer Avenue, Suite 110, San Jose, California
`
`OoCO4DRWA£F
`
`10
`
`il
`
`12
`
`13
`
`95138.
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`3. Plaintiff Asetek is a corporation organized and existing under the laws of Denmark, and has
`
`its principal place of business at Saltumvej 27, DK-9700 Broenderslev, Denmark. Asetek is the
`
`ownerof the Patents-in-Suit, and is a wholly owned subsidiary of Asetek Holdings, Inc.
`
`4, Upon information and belief, Defendant CoolIT is a corporation operating and existing under
`
`the laws of Canada with its principal place of business at 3920 29th Street NE, Calgary, Alberta,
`
`Canada T1LY 6B6.
`
`Jurisdiction
`
`5. This Court has subject matter jurisdiction over this complaint pursuant to 28 U.S.C. §§ 1331
`
`and 1338(a), and underthe patent laws of the United States, 35 U.S.C. § 1, et seq.
`
`6. This Court has personal jurisdiction over CoolIT because CoolIT infringes the Patents-in-
`
`Suit in the United States, in California, and in this judicial district. CoolIT maintains a website via
`
`which it promotes andoffersto sell its infringing products to customers, including customers in the
`
`United States, in California, and in this judicial district. Among other things, upon information and
`
`belief, CoolIT offers to sell and sells its infringing products to Corsair Components,Inc. and Corsair
`
`Memory,Inc.(collectively “Corsair’) for importation, promotion,sales, and distribution to end users
`
`2905517 1 HWOCYK
`
`1
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`throughout the United States, including in California and in this judicial district. Corsair’s principal
`
`place of business is in Fremont, California, in this judicial district. CoolIT’s website identifies
`
`Corsair as a “proud retailer of CoolIT’s liquid cooling solutions.” CoolIT further identifies Corsair
`
`as a “retail partner” on its website, and furtherstates that “[d]ue to our partnership with Corsair for
`
`the retail market, please visit the Corsair website for any direct retail sales inquiries.” Upon
`
`information and belief, Coollt has entered into one or more contracts with Corsair for this
`
`“partnership” and the promotion, importation,offers for sale, sale, and distribution of CoolIT
`
`products, including products that infringe the Patent-in-Suit, to end users in the United States
`
`(including California and this judicial district). Upon information and belief, CoolIT derives
`
`substantial revenue from its sales of infringing products to Corsair in California and this judicial
`
`district, and CoolIT purposefully availsitself of the privilege of conducting activities in California,
`
`thus invoking the benefits and protections of the laws of California.
`
`Facts
`
`7. Asetek is the world leading provider of CPU and GPUliquid cooling systems for thermal and
`
`acoustic management. Asetek’s solutions are used by leading OEMsservicing the gaming,
`
`workstation and performance PC markets. In 2006, the company madea strategic decision to shift
`
`its focus to providing water-based cooling solutions for the OEM market and introducedthefirst
`
`fully assembled, factory sealed liquid cooling system.
`
`In addition to being designed for
`
`manufacturing and providing up to 50,000 hours of maintenance-free operation, Asetek shattered
`
`liquid cooling’s price barriers. Asetek is now the vendorof choice for CPU cooling in factory
`
`overclocked gaming systems, serving Dell Alienware, Acer and multiple leading gaming system
`
`providers.
`
`8. Asetek is also active in the workstation market, supplying liquid cooling for HP’s Z400 and
`
`Z800 workstations and several tier 2 workstation suppliers. “Quiet computing”andreliability are
`
`the principle drivers for superior thermal managementwithin the workstation market. Liquid
`
`cooling delivers both by moving heatto a location where it can be exhausted directly from the
`
`chassis using modestair flow velocities, reducing internal chassis temperatures and lowering system
`
`oO©SFDBNH&
`
`10
`
`{1
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`noise.
`
`3908517 1NaoCcCKX
`
`ty
`
`COMPT AINT ROR PATENT INERINGEMENT
`
`

`

`9. Asetek is addressing the server market with its new low profile integrated pump and cold
`
`plate CPU cooler. The low profile pumpis sized perfectly to fit in 1U rack servers. The company’s
`
`heat exchanger technologyfor servers is derived from solutions the company has developedforall-
`
`in-one and notebook PCs. Within the server market the key benefits of water-based cooling are
`
`enabling increased thermal density and energy savings.
`
`10. CoolIT identifies itself a “leading supplier of reliable and customizable liquid cooling
`
`solutions for computers.” CoolIT touts its liquid cooling solutions for computers by stating onits
`
`website (www.coolitsystems.com), amongotherthings, that:
`
`If you are integrating liquid cooling into your systemstoday or are looking to do so soon,
`CoolIT offers customizable solutions that fit your specific requirements.
`
`The Future ofEnterprise Cooling
`
`Liquid cooling has recently become a requirement of high-end desktop processors with the
`launch of the Intel® Core™17-3900series. ...
`
`. offers a compelling alternative with the ECO II series self-contained
`.
`CoolIT Systems .
`liquid coolers. ECO II was designed from the ground up to be the highest performanceliquid
`
`solution available with a design featuring thoughtful touches to make integration easier and
`
`11. Upon information and belief, CoolIT is an original equipment manufacturer (“OEM”) and
`
`manufacturesat least the H60, H80, and H100 liquid cooling products that infringe the Patents-in-
`
`Suit. Upon information and belief, CoolIT offers to sell and sells at least the H60, H80, and H100
`
`productsto, at least, Corsair in the United States, and Corsair then offers to sell and sells them to end
`
`users in the United States, in California, and in this judicial district. Upon information andbelief,
`
`CoollT’s claimed “partner” Corsair has demonstrated these CoolIT products at trade shows within
`
`the United States, and has sent out product samples to potential customers within the United States.
`
`Upon information and belief, CoolIT is also offering to sell andis selling cooling products that
`
`infringe the Patents-in-Suit to additional resellers in the United States, who thenoffer to sell andsell
`
`them to end in the United States.
`
`—_=oCfeSNDBDOeF&FWDWL
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`2905517 1NOCYK
`
`q
`
`COMPT AINT FOR PATENT INFRINGEMENT
`
`

`

`COUNT I
`
`Infringement of U.S. Patent No. 8,240,362
`
`12. Plaintiffs incorporate by reference each and every allegation set forth in paragraphs | through
`
`11 of this Complaint as if fully set forth and restated herein.
`
`13. The ’362 patent entitled “Cooling System for a Computer System” was duly andlegally
`
`issued by the United States Patent and Trademark Office (“PTO”) on August 14, 2012. Asetek is the
`
`sole and exclusive ownerofthe ’362 patent. CoolIT, without authority or consent of Asetek, has
`
`been and continuesto offer to sell and sell in the United States products that infringe the ’362 patent,
`
`including but not limited to the H60, H80, and H100 cooling products. Coollt has directly infringed
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`and continuesto directly infringe the ’362 patent.
`
`14. At least as of the date of this complaint, CoolIT has knowledge of the 362 patent and, upon
`
`information andbelief, has induced and continues to induce direct infringementof the ’362 patent by
`
`aiding and abetting infringement by customers in the United States, including butnot limited to
`
`customers of the H60, H80, and H100 cooling products. CoolIT has intentionally taken action that
`
`has actually induced and continues to induce direct infringement by customers in the United States,
`
`and has knownthatthe acts it has been and is causing infringe the ’362 patent. These acts include,
`
`but are not limited to, CoolIT’s promotion on its website and its partnership with Corsair for the
`
`promotion, offers to sell, and sales of H60, H80, and H100 cooling products in the United States.
`
`15. At least as of the date of this complaint, CoolIT has knowledgeof the °362 patent and has
`
`contributed and continues to contribute to direct infringementof the ’362 patent by supplying an
`
`important (material) componentof the infringing products and method to customersin the United
`
`States, including but not limited to the H60, H80, and H100 cooling products, which are not a
`
`common components suitable for non-infringing use. CoolIT supplies the components with
`
`knowledgeof the *362 patent and knowledge that the components were especially made or adapted
`
`for use in an infringing manner, and that customers and end users directly infringe the °362 patent in
`
`26
`
`the United States.
`
`27
`
`28
`
`16. CoollIT’s infringement of the ’362 patent has caused and continues to cause damages and
`
`irreparable harm to Plaintiffs.
`
`3905517 1pDOCX
`
`A
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`WwNHNRe
`
`OoCONNDBWnFS
`
`COUNT II
`
`Patent Infringement of U.S. Patent No. 8.245.764
`
`17. Plaintiffs incorporate by reference each and every allegation set forth in paragraphs | through
`
`16 of its Complaintas if fully set forth and restated herein.
`
`18. The ’764 patent entitled “Cooling System for a Computer System” was duly and legally
`
`issued by the United States Patent and Trademark Office (“PTO”) on August 21, 2012. Asetek is the
`
`sole and exclusive ownerof the ’764 patent. CoolIT, without authority or consent of Asetek, has
`
`been and continuesto offer to sell and sell in the United States products that infringe the ’764 patent,
`
`including but not limited to the H60, H80, and H100 cooling products. Coollt has directly infringed
`
`and continuesto directly infringe the ’764 patent.
`
`19. At least as of the date of this complaint, CoolIT has knowledge of the ’764 patent and, upon
`
`information and belief, has induced and continues to induce direct infringement of the ’764 patent by
`
`aiding and abetting infringement by customers in the United States, including butnot limited to
`
`customers of the H60, H80, and H100 cooling products. CoolIT has intentionally taken action that
`
`has actually induced and continuesto induce direct infringement by customers and endusers in the
`
`United States, and has knownthatthe acts it has been causing would infringe the ’764 patent. These
`
`acts include, but are not limited to, CoolIT’s promotion on its website and its partnership with
`
`Corsair for the promotion,offers to sell, and sales of H60, H80, and H100 cooling products to
`
`customers and end users in the United States.
`
`20. At least as of the date of this complaint, CoolIT has knowledge of the ’764 patent and has
`
`contributed and continues to contribute to direct infringementof the ’764 patent by supplying an
`
`important (material) componentof the infringing products and method to customers and end users in
`
`the United States, including but not limited to the H60, H80, and H100 cooling products, which are
`
`not a common componentssuitable for non-infringing use. CoolIT supplies the components with
`
`knowledge of the ’764 patent and knowledge that the components were especially made or adapted
`
`for use in an infringing manner, and that customers and endusers directly infringe the ’764 patent in
`
`the United States.
`
`3905517 1DOCK
`
`&
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`21. CoolIT’s infringement of the ’764 patent has caused and continues to cause damages and
`
`irreparable harm to Plaintiffs.
`
`PRAYER
`
`WHEREFORE,Plaintiffs respectfully pray that the Court enter judgmentin their favor and
`
`award the followingrelief against CoolIT:
`
`A.
`
`A judgmentin favorof Plaintiffs that CoolIT has infringed,directly, contributorily,
`
`and by inducement, the Patents-in-Suit;
`
`B.
`
`Preliminarily and permanently enjoin CoolIT andits officers, directors, employees,
`
`agents, licensees, representatives, affiliates, related companies, servants, successors and assigns, and
`
`any and all persons acting in privity or in concert with any of them, from further infringing upon the
`
`Patents-in-Suit;
`
`C.
`
`AwardPlaintiffs actual damages pursuant to 35 U.S.C. § 284, in an amountto be
`
`determinedattrial, as a result of CoolIT’s infringement of the Patents-in-Suit;
`
`D.
`
`Find this to be an exceptional case and award Plaintiffs their costs and attorney’s fees
`
`under 28 U.S.C. § 285; and
`
`E.
`
`Award andgrant Plaintiffs such other and furtherrelief as the Court deems just and
`
`proper underthe circumstances.
`
`Plaintiffs demanda jurytrial on all matters triable to a jury.
`
`DEMAND FOR JURY TRIAL
`
`Dated: August 27, 2012
`
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`
`
`py (bd 17
`
`Robert F. McCauley
`Attorneys for Plaintiffs
`Asetek A/S and Asetek Holdings, Inc.
`
`AANKEIFT 1THOCyv
`
`L
`
`CHOVIAADT AINIT EAD DATENIT INIEGRINCECACNT
`
`oOoSNTONH
`
`‘oO
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`