Nanoco prepares for IP showdown with Samsung following pre-trial conference

Brian Tenner

Nanoco Group is preparing for its intellectual property legal case in the US next month, following a pre-trial conference which began yesterday (August 18).

The University of Manchester spin-out, which develops materials used in the manufacture of monitors and TV screens, is involved in legal action with tech giant Samsung over alleged infringement of its intellectual property.

On the first day of the pre-trial conference, overseen by His Honour, Judge Rodney Gilstrap, of the Eastern District of Texas, the judge ruled on a number of motions that had been submitted by Nanoco and Samsung.

These included four motions by Samsung, which the judge rejected, and another which he dismissed, meaning the trial is scheduled to commence on September 12.

In a note to the stock exchange today (August 19), Nanoco said a number of other motions were ruled on, with no material surprises or disappointments for the group.

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

“This has no impact on the number of allegedly infringing units as all displays (TVs and monitors) contain green and red quantum dots, with the former outnumbering the latter in a ratio of around four to one.”

The latest rulings are 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 chief executive, Brian Tenner, said: “So we are going to trial.

“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.

“The earlier rejection of Samsung’s motion to re-open 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.”

He added: “We must not be complacent as the trial still awaits and its outcome is 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.”

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