Protecting innovation

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"From the moment of engagement, Withers & Rogers' role was invaluable. Without the due diligence report, we would not have been able to convince investors to come on board; the proof that our IP was protected gave them the reassurance that their investment was secure. Withers & Rogers worked quickly and showed that they were commercially astute."
Chris Lawton, former UK Head of IT
Gems TV
Russell Barton

Russell Barton

Barton

Partner

Partner

+44 1926 310700

Office: Leamington Spa

Gems TV designs jewellery and sells its products on home shopping TV and internet channels using a unique falling price, reverse auction system.

The issue

The company approached us to carry out a due diligence exercise to ensure that the system would not infringe any existing patents and could not be copied or patented by competitors.

The solution

Our research led to the discovery of a complete family of patent cases owned by a competitor. We checked whether the cases were in force, established how close to grant they were and how narrowly or widely they were defined. Once the analysis was complete, we were able to issue a ‘freedom to practice’ opinion, suggesting that there appeared to be no infringement.

We were then able to make recommendations on minor design changes to the selling system in order to further reduce the threat of infringement, strengthen the ‘opinion’, and successfully apply for the grant of a patent. A patent watch was also established to monitor external activity that might affect the business and the IPO process.

The outcome

The IPO went ahead successfully and generated sufficient funds to enable the company to launch in the US and several other countries.