Mr Thomas Hinchliffe KC > Three New Square Intellectual Property > London, England > Barrister Profile
Three New Square Offices
Three New Square
3 NEW SQUARE, LINCOLN'S INN
LONDON
WC2A 3RS
England
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Mr Thomas Hinchliffe KC
Position
All aspects of contentious intellectual property, with a particular emphasis on patent litigation in the pharmaceutical, biotechnology and mobile telephony fields. Recent notable cases include: IPCom v Vodafone [2023] (applications to vary final orders); Nokia v Oppo (2022) (LTE RACH preamble sequences); Optis v Apple [2022] (LTE PUCCH multiplexing); Alcon v AMO [2021] (laser cataract surgery); Teva v Janssen [2021] (SPC, prodrugs); InterDigital v Lenovo [2021] (4G – two trials); Illumina v MGI [2020] (DNA sequencing, fluorescence); IPCom v HTC [2020] (patent damages); Merck Sharp & Dohme v Wyeth [2020] (pneumococcal vaccines); Conversant v Huawei & ZTE (3G/4G mobile phones; FRAND inquiries); Aspire/Accord v Allergan [2019] (glaucoma, penetration enhancers); Emson v Hozelock [2020] & [2019] (expandable hosepipes); Philips v Asus [2019] & [2018] (mobile phones, UMTS, HSDPA, power control); Merck v The Comptroller C-567/16 [2017] (CJEU, SPC; marketing authorisations); Illumina v Premaitha [2017] (patents, ante-natal testing); Merck v Teva [2017] (SPC, HIV drugs), Novartis v Actavis [2016] (Alzheimer’s drugs); Lilly v Actavis [2016] (male erectile dysfunction); Hospira v Cubist [2016] & [2017] (antibiotics); Unwired Planet v Samsung [2016] (UMTS mobile telephone); Merck v Ono [2015] (anti-cancer antibiotics); Synthon v Teva [2015] (MS drugs); Merck v Sigma C-539/13; [2013] (CJEU, parallel imports, Specific Mechanism); Vringo v ZTE [2014] (patents, UMTS, FRAND); Teva v AZ [2014] (asthma); Philips v Nintendo [2014] (Nintendo Wii, motion controllers); AGA v Occlutech [2014] (medical devices, atrial septal occluders); Samsung v Apple [2014] (patents, mobile phones, stays); Mylan v Yeda [2014] (multiple sclerosis); Perini v PCMC [2012] damages inquiry).
Career
Called 1997, Middle Temple; contributor to the 15th and 16th editions of ‘Terrell on Patents’. Editor 18th Edition of ‘Terrell on the Law of Patents’.
Memberships
Intellectual Property Bar Association; Chancery Bar Association.
Education
Brasenose College, Oxford (1995 MA Chemistry, first); City University (1996 Diploma in Law, Distinction); Inns of Court School of Law (1997, top of year, Outstanding, Scarman scholarship).
Lawyer Rankings
London Bar > Intellectual property
(Leading Silks)Ranked: Tier 2Thomas Hinchliffe KC – Three New Square ‘Tom is adept at both life sciences and technology cases, making him very versatile. He is very involved in his matters and provides excellent and timely advice, and on his feet, he has a great manner with the bench and is persuasive in his advocacy.’
The members of Three New Square are sought after for their skills in complex patent disputes, in addition to cases involving copyright, passing off, trade marks, and design rights. Guy Burkill KC focuses on patent litigation in the technology and telecoms sectors – he represented Apple and its distributors in a high-value telecoms-related patent dispute involving eight patents in four patent families against Optis, which claimed that Apple was using its technology without an appropriate license. Douglas Campbell KC‘s practice encompasses both patent and non-patent work, and Thomas Hinchliffe KC has expertise in the pharmaceutical and electronics sectors. Tim Austen regularly appears before the Patents Court, the Intellectual Property Enterprise Court, and the Court of Appeal – he was also instructed by Match Group in successful trade mark infringement and passing off proceedings against Muzmatch, a Muslim dating app that claimed it had a defence of honest concurrent to be able to use the term ‘match’ in its branding. Charles Brabin is skilled in patent work regarding electronics, as is Joe Delaney.
London Bar > IT and telecoms (infrastructure and contracts)
(Leading Silks)Ranked: Tier 3Thomas Hinchliffe KC –Three New Square ‘Tom is excellent to work with, very much a team player and someone who is keen to understand the details, to ensure they present the best case possible.’
The barristers at Three New Square are regularly instructed to act on behalf of technology and software developers and telecoms clients, smartphone sector clients in particular. With highly technical expertise, Guy Burkill KC continues to have a busy IP and IT practice, often instructed in high-value telecoms patent infringement actions. Most recently acting for Apple in the long-running piece of litigation in relation to Optis’ patent portfolio and Apple’s failure to pay any royalties in respect of it. Thomas Hinchliffe KC acted as leading counsel for Optis in the fourth of the technical trials. Joe Delaney successfully represented Nokia in the first of a number of technical trials involving Nokia’s standard essential patents pertaining to 3G, 4G and 5G technology in Nokia v OnePlus & others. Douglas Campbell KC acted in a case relating to computer software and financial trading strategy in which breach of confidence, copyright and contract was alleged.