Nicholas Saunders

Nicholas has a strong scientific background and regularly deals with cases involving the most complex aspects of technology. His practice includes advice and litigation in relation to telecommunications, information technology, biotechnology and pharmaceuticals.

He has worked on particle physics research at the European Laboratory for Particle Physics (CERN) in Geneva where he was involved in the development of the Large Hadron Collider and has also developed a number of database systems on a freelance basis for e-commerce companies. Nicholas specialises in Intellectual Property, Media and Entertainment and Information Technology.

Nicholas is involved in teaching the Patent Agent Litigators' Certificate course run by Nottingham Law School. He also tutors the JDD revision course for the T3 Advanced Trade Mark Law and Practice examinations for trade mark attorneys.

He speaks widely on IP, e-commerce and IT law to both conferences and smaller in-house groups and is always happy to speak to solicitors firms and in-house groups about IT and IP issues.

Intellectual Property

Nicholas practices in all areas of intellectual property and has a particular specialism in patent and trade mark law. He is also regularly instructed in designs and copyright cases. A selection of his recent cases is set out below:

Liffe v Pinkava: acted for the appellant in the Court of Appeal in the leading case concerning ownership of employee inventions.

Interdigital v Nokia: acting for Nokia in this dispute concerning the issue of whether certain of Nokia’s patents are essential to the third general mobile telephony standards.

Nichia v Seoul Semi Conductors Limited

Nokia v IP Con

Jacobson v Globe: acting for the defendants in a trade mark infringement and passing action off concerning Gola trainers.

Zipcar v OHIM: appeal before the Court of First Instance in Luxembourg in relation to OHIM’s refusal to register a community trade mark.

Strategi Group v OHIM - Reed Business Information (Strategi)

Aurelia Finance v OHIM (Aurelia)

Psytech International v OHIM - Institute for Personality and Ability Testing (16PF)

Zipcar v OHIM - Canary Islands Car (Zipcar)

Angiotech Pharmaceuticals v OHIM (Vascular Wrap)

He has also developed considerable experience providing intellectual property advice in connection with initial public offerings, mergers and acquisitions, and the disputes arising from them. He has acted on behalf of many of the largest merchant banks and several hedge fund and private equity houses.

Information Technology

In the last few years Nicholas has acted in a series of very high profile information technology disputes worth in total over £300 million and has advised in connection with non-contentious matters worth over £3 billion. His clients include many of the largest suppliers and consumers of IT in the UK and Europe and include several UK and foreign government departments and blue chip commercial clients. He has a particular interest in outsourcing disputes.

He has extensive experience of mediation, early neutral evaluations and arbitration of IT disputes. 

Many of Nick’s cases in this area are confidential arbitrations or mediations, however his recent public cases include:

O2 Holdings v Fujitsu Services: acted for the defendant in a complex case concerning the provision of a human resources IT system.

HM Revenue & Customs v Electronic Data System: acted for HM Revenue & Customs in relation to a highly publicised dispute with its IT supplier concerning the software to support New Tax Credits. The case was settled and resulted in what is believed to be the highest ever IT settlement payment – £71.25m.

Confidential Arbitration: acted for the claimant in a major arbitration concerning the implementation of a wide area network and the problems experienced as a result of data compression.

Nicholas also regularly advises government departments and other clients in connection with data protection and freedom of information issues.

Nicholas is recommended as a leading junior in both Chambers and Partners and the Legal 500 for Intellectual Property and Information Technology.

The Legal 500 rank him among the top five juniors in the field of Information Technology

What they say ...

"a fast rising individual with a big future. " Chambers and Partners 2009

"quiet yet effective authority. a sensible team player with the ability to turn his hand to a lot of things, from trade marks to patents.", Chambers and Partners 2009

"a redoubtable figure and great friend of the client", Chambers and Partners 2008

"Hogarth Chambers boasts a leading junior in the very commercial Nicholas Saunders. Clients rate his awesome intellect, particularly strong on contract disputes/large projects", Legal 500 2008

"an absolutely terrific barrister", Legal 500 2007-2008

MA, Ph.D. (Cantab.), Dip. Law.
Harmsworth Major Scholar (2000), Middle Temple
Queen Mother Major Scholar (2001), Middle Temple