RE: Innocent until proven guilty.27 Mar 2021 19:37
Scamp, it seems you have practically invented your own field of law with that jumble of nonsense! In case it isn't obvious everyone , I will say you really don't know how patent trials work at all. For starters, "Innocent until proven guilty" is the relevant burden of proof in a criminal trial (as everyone knows). It does not need to be shown that Samsung set out to deliberately deceive Nanoco. Samsung does need to show it has a different method of producing its dots, which are somehow different, and not covered by Nanocos prior patent claim. The Markman hearing should go a long way to settling such matters as it will decide the meaning and scope of Nanoco's IP. One aspect of the case where intent is relevant is consideration of 'wilful infringement' of the patent, which can lead to 3 x damages. That's a serious risk for Samsung if the basic damages are in the $500- $2bn range. I have concluded that Samsung have an almost impossible task of avoiding that conclusion given the long history of association between the two companies. These are matters of fact that any jury can easily understand. What this is not is a simple case where a company used tech that was IP protected without knowing it. Samsung knew the Nanoco patents intimately and if it is found that their dots breached Nanoco's IP then IMO there is no sensible argument that such breach was not wilful. A huge pay day awaits, and Samsung know it. They have got to buy their way out, don't they? The stakes are too high for it to fail.