Lifetime of Patents7 Jan 2023 11:44
The precise value of the settlement for royalties on historic sales is what most newbies seem focused on, however I think the terms of any future licensing agreement are what will really shift the share price & market cap as well as help transform NANO into a mid cap rather than a 'minnow'. At the heart of this is the patent lifetime.
To anyone's knowledge, has Brian Tenner ever discussed the patent lifetime on any webcast or results call?
Here are the 5 US patents referenced in the 17th Feb 2020 RNS which kicked off the litigation;
US7,588,828; filed September 10th 2007 - 'Preparation of nanoparticle materials'
https://image-ppubs.uspto.gov/dirsearch-public/print/downloadPdf/7588828
US7,803,423; filed April 27th 2005; 'Preparation of nanoparticle materials'
https://image-ppubs.uspto.gov/dirsearch-public/print/downloadPdf/7803423
US7,867,557; filed August 14th 2006; 'Nanoparticles'
https://image-ppubs.uspto.gov/dirsearch-public/print/downloadPdf/7867557
US8,524,365 filed October 6th 2011; 'preparation of nanoparticle materials'
https://image-ppubs.uspto.gov/dirsearch-public/print/downloadPdf/8524365
US9,680,068; filed August 14th 2014; 'Quantum dot films utilizing multi-phase resins'
https://image-ppubs.uspto.gov/dirsearch-public/print/downloadPdf/9680068
In my amateur view, US8,524,365 seems to be the most important to shareholder value, as it relates to 'seeding' of QD's and is a continuation of much earlier filed patents US7,803,423 & US7,867,557. Based on the filing date + the 20 year life of a patent, it should be valid out to October 2031.
Having listened to the fantastic Q&A session on 21/10/22 on investor meet company, BT says the following at the 48 minute mark;
"We've grown in confidence that anyone making cfqd's is likely to be infringing our patents, and when I say anyone, I mean anyone, because we don’t think there is an easy way or a way to make them at mass scale that doesn’t infringe some of our core seeding / patents"
Based on those comments and the 47/47 PTAB wins, I have fairly high conviction that any licensing agreement could/should run to October 2031, providing nearly 9 years of future royalty income from today...
However, we also have patent US9,680,068 to add into the equation which is valid out to August 2034, so there is potentially another 3 years to add onto any agreement in a best case scenario.
Based on the above, I’d be surprised if BT has settled for anything sooner than 2031 as the end point in any licensing agreement & based on further hints around 0.75% royalties for 55” TV’s vs 1.1% for 65” in the same Q&A session, I’d be surprised if it didn’t include a minimum royalty of $10 per unit sold (inc. monitors, not just TV’s)
Interested to hear the thoughts of others who are far more knowledgeable that me, having only followed the company closely since the PTAB win last May...