California judge grants post-verdict injunction and willful infringement for Asetek

Finnegan client Asetek was granted a permanent injunction and enhanced supplemental damages against CMI USA, Inc. (the USA distributor of Cooler Master) for its willfully infringing sales following a jury verdict in Asetek’s favor. Asetek, which owns two patents related to computer/data center liquid cooling, sued CMI USA for infringement of both patents. Following a nine-day trial, 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). In deciding the post-trial motions, the presiding judge entered the permanent injunction requested by Asetek; found that CMI’s post-verdict sales were willful, and awarded Asetek an enhanced 25.375% royalty on those sales; and rejected CMI’s motions for new trial and judgment as a matter of law (JMOL).