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Nicholas Wallin MEng, LLM, CPA, EPA, PAL

Higher Education

MEng Electronics Systems Engineering, First Class Honours, University of York, 1993-1997. Recipient of British Telecom prize for highest Finals results, 1997

Certificate in Intellectual Property Law, Pass with Credit, Queen Mary and Westfield College, University of London, 1998

LLM Intellectual Property Litigation, Distinction awarded, Nottingham Law School, Nottingham Trent University, 2002-2004

Certificate in Patent Litigation, Pass with Distinction, Nottingham Law School, Nottingham Trent University, 2002-2003

Career to date

Prior to training as a patent attorney Nicholas spent time working at BT’s research labs in Martlesham Heath, Suffolk, in the fields of speech synthesis and 3D computer graphics. Whilst there he was named as an inventor on several patents relating to generating 3D computer models.

Nicholas subsequently trained as a patent attorney at a private practice firm in London and qualified as a UK Chartered Patent Attorney and as a European Patent Attorney in 2001. After qualifying Nicholas worked in-house at BT within the Intellectual Property Department, where he had responsibility for the speech recognition patent portfolio, as well as undertaking much original drafting work. In addition, whilst at BT Nicholas undertook a part-time LLM at Nottingham Law School.

Nicholas joined Withers & Rogers in July 2004, where he continues his patent drafting and prosecution practice, whilst also developing a strong contentious matters practice. In particular, Nicholas gained sufficient experience to be awarded a Litigator’s Certificate in 2005, entitling him to conduct High Court IP litigation, and since then has litigated cases in the Court of Appeal, High Court, Patents County Court and Patent Office. Nicholas became a partner in 2006.

Personal Skills

Nicholas has a solid understanding of many fundamental enabling technologies throughout the electronics and communications fields, studied to undergraduate level, and which Nicholas finds of great help in drafting and prosecuting new patent applications for such inventions. Nicholas also has an interest in contentious IP matters, and particularly patent and design litigation, and associated civil procedure, and regularly applies such specialist knowledge where possible in his daily work. In this respect, Nicholas is particularly interested and adept in the tactical use of formal evidence during EPO and UKIPO proceedings. Nicholas is also actively involved with the training of European patent attorneys, and regularly lectures at CEIPI, in Strasbourg, as well as giving tutorials in London.

Sector Experience

Nicholas is one of Europe’s leading practitioners in the field of computer implemented inventions, and has extensive experience of software inventions, and particularly operating systems. Nicholas also has experience in other fields, including communications related technologies, particularly mobile devices; consumer electronics related technologies; and general mechanical devices.

Client Experience

Nicholas has worked and continues to work for a number of blue-chip companies, many of which are household names, including BT plc, ICI plc, and Samsung. However, Nicholas also works with smaller UK based companies and Higher Education Institutes, including CSR, King’s College London, and the University of Cambridge. Nicholas is also responsible for the management of the firm’s Nokia team, and works closely with in-house Nokia patent engineers and attorneys preparing and prosecuting patent applications in the mobile technology area.

Notable Successes

In 2007 and 2008 Nicholas handled the successful appeal to the High Court of a decision of the UKIPO to refuse a Symbian patent application relating to an improvement in smartphone operating systems. The decision of Patten J allowing the appeal is reported at http://www.bailii.org/ew/cases/EWHC/Patents/2008/518.html.

Nicholas then subsequently handled the successful defence of the decision against an appeal of the UKIPO to the Court of Appeal. On 8 October 2008 the Court of Appeal handed down its judgment finding in favour of Symbian, the judgment being available at http://www.bailii.org/ew/cases/EWCA/Civ/2008/1066.html. The Court of Appeal judgment finally caused the UKIPO to alter its practice in this area, and the Symbian decision remains the leading decision in the UK in the field of the patentability of software. The Symbian case was immediately followed by the decision of the EPO president to refer the question of computer program patentability to the EPO Enlarged Board of Appeal.

On a personal note...

I am a keen music fan and regularly attend concerts at venues throughout London. In addition I have recently developed an interest in golf, and am (slowly!) improving my game. Finally, I am also football fan supporting Middlesbrough FC, and have travelled both within the UK and Europe to attend their games.