Ann: Yowie Secures New Manufacturing Agreement, page-60

The question of the patent bears thinking about.
The main point is that Ferrero cannot sell Kinder Surprise in the US - its illegal according to the FDA due to choking hazard ie: safety reasons. If they wanted to enter the market they would need to invent a new product with no familiarity or track record. Ferrero could have entered the US market however, if they had thought it viable - the Whetstone patent could be circumvented as Yowie have now shown with their own new and improved (easier to open) FDA approved patent - one which will not cost them the royalty fee they were having to pay to Whetstone (more profit for us!). Yet, Ferrero have not thought it viable and didn't enter. Nor did others. Perhaps this is because Yowie have such a first mover advantage already and have secured contracts with Walmart and Safeway and are already far down the line with the other major tier one's they feel they cant catch up - especially with some unknown product (kinder surprise eggs cannot be sold due to safety concerns).
So in short I'm not concerned about the patent angle, and in fact, with our own patent we will be even more secure, and more importantly - profitable.