Members of 8 New Square have extensive experience in acting in IT and Telecoms disputes, including patent disputes relating to mobile telecommunications and copyright and related IP rights in databases and software.
Such disputes often involve complex contractual issues which in turn bring into play the technical and functional aspects of the IT systems involved. Members who undertake this work are particularly aware of the procedural and costs constraints involved. Several members have experience of acting in the Technology and Construction Court.
Members are often required to work closely with a variety of expert witnesses in relation to the technology or commercial requirements of the systems under scrutiny. Cases will often require working closely with forensic accountants. Counsel will always consider the suitability of this type of dispute for ADR procedures such as mediation or expert determination.In addition to litigation, members of chambers advise regularly on IT matters including the drafting of IT contracts such as software design and development agreements, publishing agreements, licence agreements, facilities maintenance agreements and hardware and software supply and maintenance agreements.
Members of chambers have an excellent understanding of the commercial and technical aspects of the telecoms industry arising out of their involvement in a number of telecom patent disputes including Nokia v Interdigital, Nokia v IPCOM, Samsung v Ericsson, Ericsson v Sendo and Research in Motion v Inpro and Unwired Planet v Huawei.
As well as extensive experience in the technical aspects of such disputes, members of chambers have recently acted in the landmark litigation relating to the licensing of standard-essential patents on Fair Reasonable and Non-Discriminatory (FRAND) terms. Cases include Unwired Planet v Huawei and Conversant Wireless v Huawei and ZTE, both of which are soon to be considered by the Supreme Court.