Material Event Form 8 K

Item 8.01Other Events

As previously reported, on May 17, 2024, after a trial in the U.S. District Court for the District of Delaware (the "District Court") in the matter of Qorvo Inc. vs. Akoustis Technologies, Inc. DE Case 1:21-cv-01417-JPM (the "Qorvo Litigation"), a jury verdict was entered in favor of plaintiff, Qorvo Inc. ("Qorvo"), and against Akoustis Technologies, Inc. (the "Company"). On October 11, 2024 and October 15, 2024, the District Court issued orders denying Qorvo's motion to amend the jury's finding of no infringement under the North Carolina Unfair and Deceptive Trade Practices Act (the "UDTPA") and partially granting and partially denying Qorvo's request for permanent injunctive relief, as described below.

Order Denying Plaintiff's Motion to Amend Jury's Verdict of No Violation of the North Carolina Unfair and Deceptive Trade Practices Act

Following the jury's verdict in the Qorvo Litigation, Qorvo filed a post-trial motion seeking to amend the jury's finding that the Company did not violate the UDTPA and instead award Qorvo treble damages for the Company's alleged UDTPA violation. The District Court denied this motion in its order issued on October 15, 2024.

Order Granting in Part and Denying in Part Plaintiff's Motion for Permanent Injunctive Relief and entry of Permanent Injunction

On October 11, 2024, the District Court issued an order granting in part and denying in part Qorvo's motion for permanent injunctive relief, and immediately after entered its Permanent Injunction. The Permanent Injunction provides that:

1.

the Company is permanently enjoined from possessing any confidential information copied or derived from certain trade secrets that the jury found the Company to have misappropriated ("Qorvo Trade Secret Information"), selling or distributing any product made using Qorvo Trade Secret Information, and promoting or otherwise providing services that use Qorvo Trade Secret Information;

2.

the Company is required to engage, at its expense, an e-discovery vendor to assist with the identification, collection and removal of any Qorvo confidential information and Qorvo Trade Secret Information from any of the Company's databases, document management systems, email accounts, computers and other storage media, and paper files;

3.

for a period of four years from the issuance of the Order, Qorvo will have the right to conduct audits of the Company through an independent third party, a maximum of once per calendar year, with the expense of such audits to be split evenly between the Company and Qorvo (unless an audit shows a violation of the Injunctive Order, in which case the Company will bear the full cost of such audit). The audit rights terminate after two years if no violations are found in the first two years; and

4.	the Company is permanently enjoined from making, using or selling in the United States, or importing into the United States, certain Company products found by the jury to infringe the two asserted Qorvo patents, or any products not more than colorably different than such products.

With respect to the permanent injunction described above regarding products found by the jury to infringe certain Qorvo patents, the Company previously announced that it has developed updates to its XBAW^® manufacturing process and has redesigned its current products to remove any patented features claimed by Qorvo under U.S. Patent Nos. 7,522,018 and 9,735,755. As a result, the Company believes that it is not selling or distributing any product made using Qorvo Trade Secret Information and that the Permanent Injunction will not materially affect its ability to market its current product portfolio to its customers.November 14, 2024 is the Company's deadline to file an appeal of the Permanent Injunction.

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