September 23, 2015
FOR IMMEDIATE RELEASE
September 23, 2015
WASHINGTON, DC—On September 22, 2015, a California district court ruled in favor of Finnegan client Asetek, granting a permanent injunction and enhanced damages against CMI USA, Inc. for its willfully infringing sales following a jury verdict in Asetek’s favor. In response to post-trial motions, the presiding judge found that CMI’s post-verdict sales were willful infringement, awarded Asetek an enhanced 25.375% royalty based on those sales, and rejected CMI’s motions for new trial and judgment as a matter of law (JMOL).
Asetek, which owns two patents related to computer/data center liquid cooling, sued CMI for infringement of both patents. Following a nine-day trial in December 2014, the Northern District of California jury was out less than one day and: (1) found infringement by every accused CMI USA product; (2) awarded Asetek a 14.5% royalty rate and damages; (3) rejected CMI USA’s assertion of invalidity based on alleged anticipation; and (4) found the existence of every secondary consideration of non-obviousness listed on the verdict form (favoring Asetek’s non-obviousness position).
The case is Asetek Danmark A/S v. CMI USA, Inc., 3:13-cv-00457, N.D. Cal.
Contacts
James B. Monroe, Managing Partner
james.monroe@finnegan.com
Finnegan is one of the largest IP law firms in the world. From offices in Atlanta, Boston, London, Palo Alto, Reston, Seoul, Shanghai, Taipei, Tokyo, and Washington, DC, the firm practices all aspects of patent, trademark, copyright, and trade secret law, including counseling, prosecution, licensing, and litigation. Finnegan also represents clients on IP issues related to European patent oppositions, international trade, portfolio management, the Internet, e-commerce, government contracts, antitrust, and unfair competition. For additional information on the firm, please visit www.finnegan.com. Follow us on LinkedIn and Twitter.
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