RE: Secret settlement25 Sep 2022 13:32
I understand the natural caution that for some, the prospect of settlement seems remote or even totally impossible, especially given the sheer size of Samsung. However, the statistics, and the circumstances surrounding this case, simply do not support such a thesis. I would be very surprised if settlement discussions are still not being actively engaged in.
For me, the timing of the Germany litigation announcement seemed an interesting twist in the saga. It not only signalled that Nano is clearly demonstrating a preference for settlement (which has always been the case) but that it came only a day after the pre trial conference had concluded.
Now there are two scenarios in play as an explanation for that. Either Samsung showed no interest in settling and so the Germany move was an attempt to focus minds. Or, there have been settlement discussions but the two parties are too far apart, with the Germany move an attempt to bring Samsung closer to nano’s proposed figures.
Now to me, if Samsung had no intention of settling and that was clear to Nano, I don’t think they would’ve pursued the Germany route at that specific moment. There seems to be this perception that Samsung are pig headed and will fight to the bitter end, but to me the Germany litigation is hinting to me that Samsung are at the negotiating table, they just aren’t meeting Nano’s valuations at present.
Until our lawyers walk through the court room doors, I continue to see settlement as the outcome.