Nano-Proprietary, Inc. today announced that it has received preliminary injunction against Till Keesmann, the patent holder and defendant in the litigation. Nano-Proprietary licensed patents involving carbon nanotubes from Keesmann on exclusive basis in 2000, but Keesmann attempted to terminate that license last year. Judge Wayne Andersen's order enjoins Keesmann from terminating the license pending a final outcome in the litigation. The order granting the injunction finds that Nano-Proprietary is likely to prevail on its claims that Keesmann had no right to terminate the license and that it performed its duties under the contract.
Judge Andersen's order takes effect when Nano-Proprietary posts a bond. The purpose of the bond, which is required by law when an injunction is granted, is to cover potential damages that Keesmann could incur as a result of the injunction, if he were to ultimately prevail at trial. Tuesday, in an order resulting from a hearing on February 8, 2007, Judge Andersen set the amount of the bond at $100,000. Nano-Proprietary will post the bond as soon as the details are worked out with Court.
"We are pleased that the court agreed with us on this matter," said Tom Bijou, Chief Executive Officer of Nano-Proprietary, Inc. "We expected this result and we are confident that we will prevail if Keesmann continues to pursue this matter through trial. We will continue to aggressively protect our patent rights in this and other situations."