RE: Merry Christmas3 Jan 2023 11:21
I don't understand how low damages would be arrived at.
If Samsung have made billions resulting from Nanoco's IP, Nanoco made numerous attempts to reach a legal agreement with them and had their own means to mass produce via Runcorn and Dow stalled due to Samsung's competitive advantage, then it's hook, line and sinker.
Samsung can't credibly claim they weren't aware of the infringement because Nanoco were in a relationship with them from 2017.
They can't credibly claim Nanoco's IP didn't have value without them because there was a whole production line set up to mass produce their tech. It's only that Samsung had the means to produce it cheaper because they were stealing it.
This sways me more toward the enhance revenues calculation than the loss of licensing royalties and it's undeniably willful.
Samsung's corruption and influence could save them - I can't rule that out sadly. It's not a fair world.
Nanoco may have a massive oversight in the scope of their IP and Samsung did something outside of it. This one seemed to be resolved in the PTAB.
OR
Samsung rejected multiple attempts to reach a legal agreement, continued to generate billions from Nanoco IP, illegally destroying Nanoco and Dow's display business in the meantime.
It should be at least $1bn. Any lower is corruption in my opinion.