An open approach to IP risks

A posting back in June 2010 flagged a detailed disclaimer in a press release from the parent company of Cambridge nanotech company Owlstone. As noted by one commentator, “the depressing thing is that companies need to keep issuing statements like this, which are there (it seems to me) more to reduce the risk of legal action for negligent misstatement than to educate and inform the investor”.

How refreshing then to see the “intellectual property” page of smart metering company Onzo, which clearly sets out their approach to IP. On the question of third party rights, not only does the page contain the standard statement regarding “not knowingly infringing third party IPR”, it actively requests any third party who “is aware of any of their IPR being used in an unauthorised manner in connection with Onzo’s business” to contact Onzo’s Commercial Director who "will investigate the situation and will, if appropriate, unilaterally suspend relevant activities”.

IP Risks in Perspective

A recent press release from the parent company of Cambridge nanotech company Owlstone serves as a useful reminder to IP managers that IP risks represent only a fraction of the risks facing the IP-dependent technology business. The footer to the press release reads:

Although the Company believes that the expectations reflected in such forward-looking statements are reasonable, it can give no assurance that such expectations will prove to have been correct. Important factors, including general economic conditions, spending levels, market acceptance of product lines, the recent economic slowdown affecting technology companies, the future success of scientific studies, ability to successfully develop products, rapid technological change, changes in demand for future products, legislative, regulatory and competitive developments, the Company's ability to secure additional working capital and/or generate sufficient cash flow to support its operations, and other factors could cause actual results to differ materially from the Company's expectations.