C3Nano FAQ With Regard to Its IP

FAQ Analysis: June 2020

1. Explain the difference between invalidation versus infringement.

• Invalidation of a claim means that the party who filed for the claim no longer can prevent others from using the technology/product covered by the claim. This means other competitors can create a product/material which falls with the claim scope, and the claimed technology is not the legal property of the company who filed for the claim. Thus, invalidation opens the technology for others.
• A valid claim excludes others from the scope of the coverage of the claim.
• Infringement means a competitor is utilizing or producing a product/material (process) etc. which is covered by a valid claim.

2. Is C3Nano’s fusing technology/IP still protected?

• Yes, C3Nano has multiple VALID issued and allowed claims which cover both its conductive ink and film products.  Despite losing the validity of some claims in the Chinese PRB for 2 patents, C3Nano maintains several other valid and allowed ink and film claims which cover our commercial ink and film products, and the use of our products by our partners and customer.

3. The Cambrios press release says you have no IP for film level.  Is this true?

• Despite losing the validity of some claims in the Chinese PRB for two patents, C3Nano maintains several other valid and allowed film claims which cover our commercial film product. C3Nano has multiple patents and layers of patents to protect its technology.  C3Nano also has newly issued (valid) claims which have been allowed by the CNIPA.
• C3Nano’s film IP survived many invalidation requests at the USPTO, and also has valid issued film claims in Japan, Korea, (Taiwan, China), and E.U.

4. Did C3Nano lose its FTO?  Does this mean that C3Nano is now infringing on Cambrios?

• No, C3Nano maintains its FTO as its film structures do not fall within the claims of Cambrios.
• C3Nano does not infringe on any known valid IP from any other company.
• C3Nano has FTO, and its technology and differentiation have been validated by multiple PTO offices, independent world experts, and customers and partners who have done deep intellectual property analyses prior to forging long-term relationships with C3Nano (including JDAs, investments, supply agreements, and commercial agreements).

5. If we purchase your product do I now risk infringing Cambrios IP?

• No, please see above.
• Aggressive parties can make claims of infringement even when there are valid defenses against infringement.  Nothing has changed in this regarding based on anything that has recently occurred.

6. Do you have a problem with the Korean Inktec IP? 

• No, the InkTec IP was used as a piece of prior art to invalidate some of C3Nano’s claims by the Chinese PRB.  Inktec was also used as a primary piece of prior art in the US IRP dispute, and C3Nano successfully convinced the USPTO that this prior art does NOT invalidate C3Nano’s IP.  C3Nano is now considering next steps with the Chinese PRB.