Instructed by the subsidiary of a world leader in food production focussing on high-quality nutrition products for the global market, we assisted the client in considering the merits and negotiating the terms of a global patent licence.
Combining our leading licensing expertise with our world-renowned patent practice, we undertook initial evaluations of the strength of the patent portfolio being offered and factored this in to a proposed detailed outline of how we thought the heads of terms with the licensor should best be structured.
The negotiation of the licence itself was contentious in parts. However, as we were able to match the commercial law experience of our IP solicitors with our patent attorneys’ deep understanding of the technology, we were able to protect our client while we negotiated truly innovative solutions to the issues raised.
The final agreement included terms for monies to be held in escrow whilst a detailed evaluation of the most recently filed patent application was taking place, following which the client could raise objections and “claw-back” part of the proposed licence fee if required, and provides the platform they’ll need to continue to expand into additional global territories.