Injunction bond25 Nov 2022 01:43
Looking ahead to our glorious victory in Germany, and assuming that the validity has not yet been established, the court would require a bond to compensate Samsung for loss of sales if it were to impose an injunction on Samsung's sales.
The quantum of such a bond initially seemed to me to be a prohibitive amount of money, since Samsung would be losing thousands of $ per unsold TV, compared with Nanoco's loss of tens of $ in royalties...
... But I understand that in Germany the strategy is to impose an injunction IN ORDER to bring the infringer to the table for negotiation. The expectation is not that Samsung would forfeit the thousands of $ over a long period but rather that they would negotiate and pay a royalty. Therefore the bond level does not have to be so prohibitive because it only needs to cover a short period of negotiation + the tens of $ in royalties that would need to be returned to Samsung in the event of Nanoco losing on validity.
With that in mind, does it sound likely that we would be able to afford/ be willing to impose an injunction in Q1 of 2024 when the German infringement trial is due to conclude?
Apologies if I have not made my argument very clear.