8 New Square‘s barristers are noted as being ’at the top of their game’. The set’s key recent cases include Jaani Riordan‘s representation of Microsoft in JJH Enterprise (t/a ValueLicensing) v Microsoft Corp & Ors wherein abuse of dominance in alleged owing to imposition of restrictive licence terms prohibiting resale of second-hand software licenses, with a trial anticipated for 2026. Mark Chacksfield KC’s specialism in this area is at the intersection of patents and IT, an example of such work being the representation of the defendant in Lenovo Group Ltd v InterDigital Technology Corp, wherein it was put to the test whether a so-called FRAND interim licence could be declared in respect of patents declared as essential to telecoms standards; The Court of Appeal affirmed that limitation periods do not apply to the determination of FRAND terms for past sales and that interest is payable on the determined royalty.
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Position

Junior with technical background in computer science and expertise in all fields of intellectual property, media and IT disputes. Particular experience in disputes involving the internet, telecoms, cybersecurity and AI. Author of leading textbook on intermediary liability. Regularly instructed in website blocking orders, interim injunctions, jurisdiction disputes, and IP/licensing arbitrations. Recent cases include: Warner Music v TuneIn [2021] EWCA Civ 441 (copyright); Facebook v Voxer [2021] EWHC 1377 (video streaming patent); Insulet v Roche [2021] EWHC 1933 (medical device patent); Apple v Swatch [2021] EWHC 719 (trade marks); TOT v Vodafone [2021] EWHC 46 (trade secrets; jurisdiction); Wheat v Google [2020] EWHC 27 (jurisdiction); SEL v BDL [2020] EWHC 2004 (IT contract damages inquiry).

Career

Called 2012 (England and Wales); Lincoln’s Inn. Admitted as a barrister and solicitor of the Supreme Court of Victoria and High Court of Australia in 2009. Practised as an IP/technology litigation solicitor in a top-tier corporate law firm in Australia. Also lectured in contract, trusts and copyright law at University of Oxford. Publications of note include practitioners’ text ‘The Liability of Internet Intermediaries’ (Oxford University Press, 2016); contributing author to ’Laddie, Prescott and Vitoria: The Modern Law of Copyright’ (5th ed, 2018).

Memberships

Intellectual Property Bar Association; Chancery Bar Association; Anglo-Australasian Lawyers’ Society; Worshipful Company of Stationers.

Education

Magdalen College, Oxford (2012, DPhil Law, Clarendon Scholar, Oxford Australia Scholar). University of Melbourne (2007 Bachelor of Laws, top 1st); University of Melbourne (2007, Bachelor of Computer Science, 1st).

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