RE: Dockets1 Aug 2022 13:56
The key is proving infringement, and Samsung appear to be trying to redefine some things so that they can say that infringement didn't happen.
Lawyers never promise a result because there's always uncertainty. Samsung's lawyers may well be telling them that they're not likely to win in court, but shaping as though they're going to go all the way will be part of S's negotiotion (giving the impression that they think they'll win). So if there's a settlement it's likely to be at the last minute.
They'll definitely be having Without Prejudice discussions around a settlement, 100%, and Samsung would have made derisory offers already. N & S will have been instructed by the Court to enter mediation to try to settle, and as the mediateion has been suspended they're too far apart at present. Samsung know that they can settle at any time, so it makes sense to start with unreasonable offers.
Samsung will only go to court if they:
1 - think there's a fairly decent chance they'll win
2 - aren't worried about a few £100m - £1bish and are prepared (if they lose) to appeal/delay and ultimately pay more later. They're so cash rich that they may be more concerned about making a statement (that if you want to go legal you better have deep pockets) than the money.
The stakes are potentially very large for Samsung, considering global TV sales to date, future TV sales, display sales to other OEMs and anyone in their supply chain they've engaged to infringe N's patents. They'll have to pay for all of that, if they lose.
The problem for us is that unless you're a nano materials scientist/patent lawyer and know how Samsung manufacture the TVs, we don't really know the actual facts.
But Nanoco spent years talking to Samsung and then taking their TV's to bits to understand what they did, before going down the legal route. If Samsung felt they hadn't infringed, they would have explained this to Nanoco (with evidence), just to draw a line under this.
Nanoco and their legal partners who bear the cost/risk of the legal action, are 'certain' that infringement happened...