RE: Willful Infringement: What Is It?22 May 2022 14:17
The burden is on Nanoco to prove wilfulness, but the dodgy way Samsung approached their PTAB presentation probably provides even more ammunition? Samsung will presumably aim to persuade the court that they sincerely believed the patents were invalid BEFORE they infringed them, i.e. their ****amamie challenge was not just concocted with hindsight. However, their "reasoning" seemed to rely on a deliberate misunderstanding of aspects of Nanoco's process, and a disingenuous level of confusion about the science. This is surely at odds with being able to use the process to commercial standards? Therefore, it must have been KNOWINGLY false, because they would have had to have ironed out every one of those details, just as Nanoco had to, in order to refine the process sufficiently for industrial production. The nature of those hurdles, and the methods used to overcome them, would make it clear that the complex invention was not in the public domain. They didn't engage with Nanoco, for years, in bad faith, just because they were fascinated by the glamour of Runcorn.