Acquiring a patent portfolio

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"We were impressed by the support Withers & Rogers were able to give in ensuring an effective acquisition of this IP portfolio. With a necessarily tight deadline imposed, the team proved to be very flexible and helpful and were able to quickly assess the true status of the IP rights."
Sean Lin, President and CEO
Luxtaltek

Luxtaltek is a Taiwanese manufacturer of semiconductor and LED technology.

The issue

We were approached by a leading Taiwanese patent firm to advise Luxtaltek on its acquisition of Mesophotonics Ltd’s portfolio of patents and patent applications. Included in the sale was groundbreaking new LED technology developed by Mesophotonics.

The sale needed to be completed to an agreed and tight deadline.

The solution

The Withers & Rogers team carried out a due diligence exercise on all the patents and applications within the portfolio, determining what IP rights existed and ensuring that those rights were in force. This included checking the status of cases with individual patent offices, ensuring that all deadlines had been met, checking that fees had been paid and ensuring that the patents listed did, in fact, exist. During negotiations between the two companies on the sale, a number of IP issues arose and we assisted Luxtaltek in resolving them so that the deal could be successfully concluded.

The outcome

Luxtaltek obtained the patent rights for the significant new LED technology and was able to put it into production. Mesophotonics achieved a favourable return on its investment in the technology and the outcome was beneficial to both parties.