RE: Interim Results28 Mar 2023 11:35
Against the possible benefits of continuing the litigation, the Board weighed the possible downside risks which included :
[1] the risk of losing at trial,
[2] winning at trial with an award based on either Samsung's damages model or on Nanoco's own 'low case' damages model (sometimes referred to in public court papers as the 'Dow' approach, which was considerably lower than the settlement value agreed).
[3]The Board believes that winning with Nanoco's 'high case' damages model would inevitably have led to appeals process potentially lasting a number of years with the risks of losing on appeal,
[4]a re-trial, or a re-trial of damages only and possibly resulting in a lower damages award.
[5] The Board also considered the incremental funding costs of an extended litigation process and the potentially significant impact of the time value of money.
1 : would result in a near total wipeout
2 : results in lower than what we got
3 : years of uncertainty whilst increasing costs to be paid on success plus interest on loan(s)
4 : see 2 and/or 1
5 : see 3 and 4
Even if 3 was the outcome you would still only get around half. So say we were awarded the mythical city rumoured $500m you’d get $250 million some 3 or 4 years later….maybe. Or maybe not.
The settlement deals with every single one of these variables.