Nanoco Group plc (LON:NANO), a world leader in the development and manufacture of cadmium-free quantum dots and other specific nanomaterials emanating from its technology platform, has announced an update on its litigation against Samsung for the alleged wilful infringement of the Group’s IP.
On 17 February 2020, the Group announced that it had filed a patent infringement lawsuit against various Samsung entities in the United States District Court for the Eastern District of Texas.
As part of the normal judicial process, the claim construction hearing (also known as a ‘Markman’ hearing) was held on 26 March 2021. A Markman hearing establishes the Court’s interpretation of certain words or phrases pertinent to the patents and the case. The Court was asked to construe the meanings of five different words or terms used in the patents that Nanoco alleges Samsung has infringed. These definitions can be important to either side’s arguments but not necessarily so. The Judge’s final written report on the Markman hearing is expected before the end of May 2021.
Separately, the Patent Trial and Appeal Board is expected to rule in May 2021 on whether or not it will grant Samsung’s request to institute inter partes reviews (‘IPRs’) of the five patents in the case. This is a parallel process which examines the validity of the patents themselves. If instituted, an IPR process can take 12 months. To succeed in the case, Nanoco needs to win the IPRs and the trial.
A trial date for the jury hearing into the alleged wilful infringement of the Group’s IP by Samsung has been set for October 2021, though this may yet be subject to delay.
Brian Tenner, Chief Executive Officer of Nanoco Group plc, said:
“Our lawsuit against Samsung for the alleged wilful infringement of Nanoco’s IP is progressing well and we are pleased that a trial date has been set for October 2021. We are also pleased with the initial indications arising from last week’s hearing and will review the final written report when it is received. Although there can be no certainty as to the outcome, the Samsung litigation could result in a very substantial settlement in our favour.”