Simplified RNS.14 Jan 2023 10:43
Now I'm no lawyer, but some minor changes to the RNS's would have made it a lot less likely to spook and confuse the markets IMO:
The first RNS should have been titled something like "Litigation update - term sheet agreed" or "Litigation update - Settlement talks started". As it is clear from the 2nd RNS that the settlement has not been agreed yet, as suggested by the first RNS title.
For the 2nd RNS, I would rewrite it as such (obviously some assumptions from me in rewriting it):
"In evaluating the settlement offer and concluding that it provides a fair outcome for the Company and its shareholders, the Board, having consulted with its advisers in the litigation, took into account the following considerations:
· The gross settlement value for past US infringement should be expected to be towards the lower end of the range of expectations for a successful jury trial outcome.
· A settlement removes the risks of the litigation process, potential appeal processes of the trial and the ongoing appeal of the Patent Trial and Appeal Board decisions, further litigation costs, and the time value of money.
· Historical precedent shows that any final agreement is likely to be a one off payment, with no forward royalties, covering past and future global sales. This will cease all current and future patent litigation between the Parties in all jurisdictions (colloquially referred to as "patent peace").
The Company expects to issue a further update on the final agreement following the completion of the further negotiations between the Parties."