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Nanoco confident as Samsung litigation moves to trial

By Josh White

Date: Friday 19 Aug 2022

Nanoco confident as Samsung litigation moves to trial

(Sharecast News) - Quantum dots and nanomaterials developer Nanoco announced the start of the pre-trial conference in its litigation against Samsung on Friday, for the "willful infringement" of its intellectual property.
The London-listed firm said the pre-trial conference started on Thursday, and was still ongoing as a "normal part" of the judicial process being overseen by Judge Rodney Gilstrap of the Eastern District of Texas.

It said the judge rejected several motions by Samsung to exclude the testimony of Nanoco's technology expert and three of its damages experts.

Samsung's motion for summary judgement of non-infringement of the quantum dot patents was also dismissed by the judge, meaning the matter would now proceed to trial.

Nanoco said a number of other motions were ruled on during the conference, with no material surprises or disappointments for the company.

The judge agreed to issue a summary judgement order of non-infringement with respect to red quantum dots, which Nanoco did not oppose, as its strategy was focused on green dots to limit the number of arguments to be presented to the jury in the time-constrained one-week trial.

It said that would have "no impact" on the number of allegedly infringing units, as all television and monitor displays contain both green and red quantum dots, with the former outnumbering the latter in a ratio of around four to one.

The rulings were in addition to the previous public ruling by the judge that rejected Samsung's request to change the definition of a molecular cluster compound previously ruled on in the Markman hearing.

Nanoco said it expected the formal orders of the court to be handed down "shortly", but did not expect any material change in the decisions shown in the transcripts.

"We are in a strong position - the net result of rulings on the pre-trial conference motions preserve all of Nanoco's damages models and their expert testimony, as well as the full testimony of our technical expert Dr Brandi Cossairt," said chief executive officer Brian Tenner.

"The earlier rejection of Samsung's motion to reopen a Markman definition was also an important finding in Nanoco's favour.

"Being able to selectively choose the claims to bring to trial on the back of the emphatic win at PTAB has also undoubtedly added to this strength."

Tenner said the company could not be complacent, however, as the trial was still to come and its outcome was uncertain.

"However, the recent events noted above have added to the strength of our belief and confidence in our case.

"We continue to focus and work industriously towards a favourable outcome to the trial and a substantial inflection point for Nanoco's prospects and shareholder value."

At 1255 BST, shares in Nanoco Group were up 1.56% at 45.6p.

Reporting by Josh White at Sharecast.com.

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