RE: Nanoco valuation29 Nov 2020 20:46
Samsung’s claim to, effect that NANO’s patents do not enable the invention seems a weak one to me. Had this been a new ‘revelation’ to our TP funder, it would probably have pulled out of the arrangement, claiming NANO has not acted in good faith during the due diligence and contract negotiations.
It seems far more likely the detail of the US patents was considered in great detail by NANO, the US patent office, Mintz and also the TP funder (which is risking its own funds) well before the legal action got to this stage. “Pressure tested” as Mike put it, so I find it difficult to be too concerned on that front, particularly since Samsung (or was it Hansol, the logistic experts) needed an extended period of joint development to acquire the full knowledge required to replicate seeded CFQD ‘on the sly’.
They probably also buttered Dow up with compensatory contracts, to prevent them from joining an action with NANO against Samsung?
All said in my humble opinion of course, but Samsung looks as guilty as sin. I believe the Texan courts will see it the same way, barring the unexpected.
As it stands, a court decision against NANO would likely cast doubt upon the Court’s ability to protect patent holders and to serve justice where it is due.