Document
Certain Liquid Coolers for Electronic Components in Computers, Components Thereof, Devices for Controlling Same, and Products Containing Same; Notice of a Commission Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and a Cease and Desist Order; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to affirm, with supplementary findings, the final initial determination ("ID") ...
SUPPLEMENTARY INFORMATION:
The Commission instituted this investigation on March 21, 2024, based on a complaint filed on behalf of Cooler Master Co., Ltd. of Taiwan; CMI USA, Inc. of Claremont, California; and CMC Great USA, Inc. of San Jose, California (collectively, “Complainants”). 89 FR 20247-48 (Mar. 21, 2024). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain liquid coolers for electronic components in computers, components thereof, devices for controlling same, and products containing same by reason of infringement of claims 1-3 and 14 of U.S. Patent No. 10,509,446 (“the '446 patent”); claims 1-4 of U.S. Patent No. 11,061,450 (“the '450 patent”); and the claim of U.S. Patent No. D856,941 (“the '941 design patent”).
Id.
The complaint further alleges that a domestic industry exists.
Id.
The Commission's notice of investigation named as respondents SilverStone Technology Co., Ltd. of Taiwan; SilverStone Technology, Inc. of Chino, California; Enermax Technology Corp. of Taiwan; Enermax USA of Chino, California; Shenzhen Apaltek Co., Ltd. of China; and Guangdong Apaltek Liquid Cooling Technology Co., Ltd. of China (collectively, “Respondents”).
Id.
The Office of Unfair Import Investigations is not participating in the investigation.
Id.
The '941 design patent was terminated from the investigation by withdrawal of the complaint. Order No. 7 (Sept. 6, 2024),
unreviewed by
Comm'n Notice (Sept. 30, 2024).
A claim construction hearing was held on July 19, 2024, and a claim construction order issued on November 20, 2024. Order No. 10 (Nov. 20, 2024). An evidentiary hearing was held on December 2-5, 2024.
On March 21, 2025, the ALJ issued a final initial determination (“ID”) finding a violation of section 337 based on infringement of claims 1-3 and 14 of the '446 patent and claims 1-4 of the '450 patent. The ID included a recommended determination (“RD”) on remedy and bonding that recommended issuance of a limited exclusion order directed to the Respondents and a cease and desist order directed to one respondent.
See
ID at 142-43.
On May 22, 2025, the Commission determined to review the ID in part. 90 FR 22755-56. The Commission solicited briefing from the parties regarding certain issues under review.
Id.
The parties filed initial submissions on June 4 and June 5, 2025, and the parties filed reply submissions on June 12, 2025.[]
Having reviewed the record of the investigation, including the ALJ's findings and the parties' submissions, the Commission has determined to affirm the ID's finding of a violation of section 337 and to supplement the ID with additional findings regarding the “defining a heat exchange chamber” claim limitation and the economic prong of the domestic industry requirement.
The Commission has determined that the appropriate remedy is to issue a limited exclusion order prohibiting further importation of infringing products by the Respondents and a cease and desist order against Respondent SilverStone Technology, Inc.[]
The Commission has determined that the public interest factors do not counsel against issuing remedial orders. The Commission has determined that bond should be set in the amount of zero percent (0%) of entered value (
i.e.,
no bond).
The Commission vote for this determination took place on July 24, 2025.
This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR part 210).
By order of the Commission.
Issued: July 24, 2025.
Susan Orndoff,
Supervisory Attorney.