# Nanoco Group pleased with the final report on the Markman hearing

- Link: https://www.directorstalkinterviews.com/nanoco-group-pleased-with-the-final-report-on-the-markman-hearing/412988190
- Published: 2021-05-12T07:16:34+01:00
- Author: Giles

**[Nanoco Group plc](https://www.directorstalkinterviews.com/company/nanoco-group-plc/nano.l)**(
[LON:NANO](https://www.directorstalkinterviews.com/company/nanoco-group-plc/nano.l)),
a world leader in the development and manufacture of cadmium-free quantum dots and
other specific nanomaterials emanating from its technology platform, announced today
an update on its litigation against Samsung for the alleged willful 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 (the ‘Court’). Subsequently, on 29 March 2021, the
Group reported that it was pleased with the initial indications arising from the
claim construction hearing (also known as a ‘Markman’ hearing) that 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 Court has now issued its final report on the Markman hearing. The findings of
the report are substantially unchanged from the preliminary construction proposed
by the judge at the Markman hearing. The Judge effectively rejected four of the 
five constructions proposed by Samsung and rejected one of the constructions proposed
by Nanoco. In four of the five patents in the case, Nanoco’s constructions were 
upheld and in the fifth patent Nanoco and Samsung each had one construction upheld.

As reported previously, 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:**
> “We are pleased with the final report on the Markman hearing. While this is just
> one further step in a lengthy process, it is positive in respect of the credibility
> of Nanoco’s patents and therefore maintains our confidence in our case that Samsung
> wilfully infringed our IP ahead of the trial in October.”

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