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Nick Cunningham

Partner
Nick Cunningham

I have very broad IP experience with specialisations in telecoms patent litigation, software copyright, and anti-counterfeiting. I also lead the firm's team for reputation management (defamation and privacy) and am a qualified mediator.

Tel: +44 (0)121 214 1068
Email: nick_cunningham@wragge.com

Services: Intellectual Property, Dispute Resolution
Business sectors: Tech

Best brains in ...

Telecoms and standardisation, software copyright and defamation. I attend the European Telecommunications Standards Institute Intellectual Property Rights committee in a representative capacity and have litigated many telecoms patents. I regularly advise on complex ownership and enforcement issues concerning software. Defending what was probably the longest ever defamation trial, I acted on a case which established new principles in the law of qualified privilege.

Highlight of your career so far?

Selecting 35 patents from the other side's portfolio for our client to successfully attack in High Court proceedings. The case involved a novel remedy, determining the essentiality of the patents concerned to the 3G telecoms standard.

Most challenging job you've ever done?

Defending a local authority in a defamation case involving detailed allegations of child abuse which went to a three-month trial that we successfully defended on grounds of qualified privilege. The case required sensitive handling of witnesses and evidence in very difficult circumstances and further developed the law of qualified privilege.

What about outside the UK?

Helping to coordinate a patent enforcement strategy in Europe for a major Japanese client, I was instructed by its head office in Japan. For a multinational corporation, issues of validity and infringement require consistent handling between the many jurisdictions covered by an international patent portfolio and a close understanding of the patents involved.

What's your definition of going the extra mile... And when have you done it?

Being regularly available at weekends to provide emergency advice, and  sometimes intervention, on stories which are threatening to appear in the Sunday papers. At such times damage limitation can be key.

Best example of a creative legal solution?

An early face–to-face meeting between principals to resolve a very aggressive breach of confidence claim which centred around the secret design of a highly successful trading engine.

I also helped get an individual who was conducting a vendetta against his former employer, by threatening employees, imprisoned for contempt of court (which solved the problem).

When have you ever given a client a real competitive edge?

When closing down an infringing business through patent litigation, which had been bleeding business away from the client for many years. We had to get very close to a trial, but the client's sales force was delighted with the end result.

What's your single greatest contribution to Wragge & Co's corporate responsibility?

Giving IP advice to Oxfam. By helping it avoid IP difficulties and maintaining its very strong identity, this advice enables the charity to stay focused on its core activities.

What's been written or said about you that you're most proud of?

After some major patent litigation, one client in the telecoms sector said "[An] excellent patent litigator, Nick brings ... experience, technical expertise, sound advice and client commitment to the team."

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Press releases

01.04.09

Wragge & Co named European High-Tech Law Firm of the Year

Wragge & Co LLP Intellectual Property (IP) team has been named European High-Tech Law Firm of the Year by Managing Intellectual Property.

 

Published articles

18.04.13

The Newspaper Licensing Agency v Meltwater: an internet copyright case with "implications for many millions"

The English Supreme Court has said that temporary copies made automatically when browsing the web should not usually infringe copyright. As the issue is of importance to everyone who uses the internet, the court has referred it to the Court of Justice of the European Union (CJEU).

13.12.12

The unitary patent package unwrapped

The biggest change in European patenting practice since the European Patent Convention is happening.

09.11.11

Fishy trade mark gets off the hook

HHJ Colin Birss QC has helped resolve two trade mark issues in the High Court.

 
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