Germany1 Dec 2022 12:55
Hello all,
In this down period I’ve been using some of the calcs provided by the excellent special situation investment article to better understand the risks and opportunities around the litigation (link here):
https://www.specialsituationinvestments.com/2022/09/nano-patent-litigation-multibagger-upside/
I think we are all aware of the risk of an outright loss in court, although it’s fair to say that this remains a rather remote possibility.
A more likely scenario, however, is the concept of low damages. You can imagine a scenario in which ‘little minnow Nanoco would be grateful just to get a 100mil or so’ in the eyes of the jury. I must admit that this has caused me a little bit of concern. All this waiting and shouldering all that risk for what would be quite a limited upside should low damages be awarded.
And so my attention turned to the moves in Germany (and now China) and how all that fits into the wider narrative. It seems quite clear to me that Nanoco (and, it’s important to reiterate, their legal backers too) will not stop pursuing Samsung until there is a settlement, and this is why Germany is the lynch pin in this whole narrative. A positive ruling there, an injunction, and we will be dictating terms of the settlement. And believe me, with injunctions on the line, especially factoring in Samsung’s clear ‘all in’ on Qdot display, Samsung will want to get settlement done. Injunctions put those negotiations firmly in Nano’s court.
So whilst it would be great to have a high dollar value damages ruling in Texas, I don’t think a low damages amount should necessarily be construed as a negative signal to investors. It’s quite clear the long term goal is a settlement and an ongoing licence arrangement. For me, so long as the case in Texas goes in our favour, anything else in terms of high damages/multipliers etc is just a bonus. The real value driver will be the chapters that follow, the mounting pressure and, crucially, injunctions.
Patience is all that’s required and I’m happy to hold as long as it takes for above narrative to unfold.
I’d be interested to hear other’s thoughts. Thanks all.