Partner, head of intellectual property

London

e: nick.gardner@herbertsmith.com
t: +44 20 7466 2341

Nick Gardner

Before qualifying as a lawyer, Nick spent a number of years working in the electronics and computing fields and has wide experience of these industries. This experience is invaluable when technical issues are at the heart of a dispute.

Nick advises on all areas of intellectual property with a focus on matters concerning the Internet, electronics, and computer hardware and software. Over the past 20 years he has litigated intellectual property cases in many areas and also handled the IP aspects of many transactions. These have included patents relating to a range of technologies including automobile engineering, computer graphics, computer hardware and software, satellite television, mobile telephony, telecommunications and microprocessors. He has handled copyright cases involving computer software, maps, online file sharing and copy protection circumvention technology. Nick has also dealt with a wide range of trade mark cases including disputes over domain names and regularly advises on data privacy matters. He also handles a wide range of trademark and domain name disputes.

Nick also handles major contractual disputes with a high technology content, particularly in the IT field.

Nick is a solicitor advocate with rights of audience in all civil proceedings and a World Intellectual Property Organisation appointed expert for the determination of domain name disputes. He is a member of the Intellectual Property Lawyers Association, the International Association for the Protection of Intellectual Property, the American Intellectual Property Lawyers Association and an associate member of the Chartered Institute of Patent Attorneys.


Credentials

  • Nokia in co-ordinating aspects of the worldwide patent litigation with Qualcomm that is taking place concerning the cross-licensing of patents covering cellular telephone systems
  • Unilever in relation to a range of patent-related matters
  • Foster's in the £300 million pound disposal of the Foster's brand for beer in Europe
  • the Motion Picture Association in relation to Internet file sharing and software which circumvents copy protection mechanisms on DVDs
  • Timet Corporation, the world's largest producer of titanium, on patent licensing matters
  • the Federation International d'Automobile on the licensing of the commercial rights in the "Formula One" trademarks
  • World Intellectual Property Organisation and Nominet in determining domain name disputes
  • Amstrad in obtaining the largest ever award of damages (the judgment sum, with interest, was approximately £80 million) in English computer-related litigation
  • Intel Corporation on IP and competition law issues arising in its patent litigation with a Taiwanese chipset manufacturer

Accolades

“Nick Gardner is an esteemed litigator who wins widespread market praise.”  
Chambers UK 2009

“'particularly good at technology disputes' and is an expert on domain names and the computing field.”
Chambers UK 2008

“absolutely first rate.”
Chambers UK 2008

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