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Isabel Jamal

 


Year of call: 2008

Described in the directories as “a super star” and “an extremely conscientious and talented junior who impresses instructing parties with her commercial focus and responsiveness”, Isabel specialises in all areas of intellectual property law, with a particular focus on high value technical patent cases. Who’s who legal states that “no list of good patent juniors would be complete without Isabel”. Recent highlights include appearing as junior counsel for Actavis in the Supreme Court in the landmark case on the law of claim scope and equivalents (Actavis v Eli Lilly [2017] UKSC 48) and representing Unwired Planet in the first FRAND trial in this jurisdiction (Unwired Planet v Huawei [2017] EWHC 1304). Isabel has a first class Masters degree in Physics and Philosophy from Oxford University.

 

 

 

Recent Cases


Patents and SPCs:

Actavis v Eli Lilly [2017] UKSC 48: Represented Actavis in the Supreme Court in the landmark case about the scope of patent protection and the doctrine of equivalents.

Unwired Planet v Huawei [2017] EWHC 1304: Represented Unwired Planet in the first FRAND trial in this jurisdiction.

Hospira v Cubist [2016] EWHC 1285: Represented Hospira in a 3 patent validity trial relating to the drug daptomycin which is used to treat gram-positive infections. Appeal pending in relation to 1 of the patents (relating to a method of purification of daptomycin).

Mylan/Actavis v Warner Lambert [2016] EWCA Civ 1006: Represented Actavis at first instance and in the Court of Appeal; the case addressed the validity (in particular the sufficiency) of a patent relating to the use of pregabalin for treating pain, and also whether the patent was infringed by Actavis’ skinny label product. The Supreme Court appeal is pending.

EMGS v Petroleum Geoservices: Represented EMGS at the patent validity and infringement trial; the patent related to the use of electromagnetics in oil and gas exploration. The case settled before judgment was handed down.

Actavis v Boehringer C-577/13: Represented Actavis in the High Court and at the CJEU hearing regarding the validity of Boehringer’s SPC. Actavis revoked Boehringer’s SPC based on the meaning and effect of the SPC Regulation

Copyright:

SAS Institute v World Programming Limited C-406/10: Represented World Programming Limited in the High Court, Court of Appeal and at the CJEU in this case regarding the extent to which there is copyright in the functionality of computer software.


Trade marks:

IPC Media v Media 10: Junior counsel for IPC Media in a trade mark dispute relating to the use of the trade mark “IDEAL HOME” for online retail services. Court of Appeal

Evegate Publishing v Newsquest: Represented Newsquest in a trade mark and passing off action concerning newspaper and magazine titles. High Court


Design rights:

Alfrank v Exclusive [2015] EWHC 1372 (IPEC): Represented Exclusive in this damages inquiry relating to the appropriate damages to be awarded to Alfrank for unregistered design right infringement.
 


 

Copyright and Design Rights

SAS Institue Inc v World Programming Ltd [2013] EWHC 69 (Ch)

Martin Howe QC, Robert Onslow and Isabel Jamal recently acted for the defendants in SAS Institute Inc v World Programming Ltd [2013] EWHC 69 (Ch), a case raising issues of subsistence and infringement of copyright in the functionality of computer programs, programming languages and interfaces commands, and related instruction manuals.
Following the judgmentopinion of the Court of Justice in Case C-406/10, SAS Institute Inc v World Programming Ltd [2012] 3 CMLR 4, Arnold J held that copyright does not protect a programming language as such, or its interfaces, data file formats or functionality. Accordingly, those unprotected elements should be disregarded for the purposes of infringement. It followed that the defendants had not infringed copyright in those elements.

SAS v World Programming (May 2012)

A copyright infringement case regarding copyright of computer software. The case involved complex technical subject matter and a detailed exploration of the Software Directive and its preparatory materials. Arnold J referred a number of questions to the ECJ relating to this case. Isabel was Junior Counsel for both the trial in June 2011 and at the CJEU.

Ifejika v Ifejika [2011] EWPCC 31

Isabel acted as sole Counsel for the Defendants in a 2 day Patents County Court trial regarding the validity of the Claimant’s registered design and registered and unregistered design right infringement. The Defendants were successful in their counterclaim to invalidate the Claimant’s registered design.

Fleet Service v Dragon Fleet Care (September 2010 – present)

Representing the Defendants in a dispute as to causation and quantum of damage relating to a claim for infringement of copyright in the Claimant’s software.

Copyright Advice (May 2010)

Advising a photographer on the copyright in photographs commissioned by a well-known magazine. A previous permission to publish these photographs had been obtained, but there was confusion over whether that right had reverted back to the photographer.

Hallmark v Wynyard (January 2010)

Summary judgment application concerning the use of website material owned by a business producing templates for FSA-compliant websites.

Tyburn Films v Heggie (April 2009)

Default judgment application in relation to pirate DVDs sold on eBay*

Gardline v UTEC (March 2009)

Copyright infringement and breach of confidence case relating to manuals used in marine survey projects*

Nintendo v Playables (March 2009)

Copyright infringement case relating to cards for use in Nintendo game consuls*

FAPL v QC Leisure (December 2008)

Involved in drafting ECJ submissions on a number of copyright questions relating to the broadcast of football matches using decoder cards*

 * (indicate those in which Isabel was involved as a pupil)

  • What the Directories Say
  • "She is a bright, hard-working and thoughtful junior." "She is a star in the making and wise beyond her years"
    Chambers and Partners (Intellectual Property) 2017

    "She stands out as a super-star."
    Legal 500 (Intellectual Property) 2017

    "Superstar in waiting and a force to be reckoned with"
    Legal 500 (Intellectual Property) 2016

    "Tremendously talented, technically solid and commercially focussed, she's a pleasure to work with"
    Chambers and Partners (Intellectual Property) 2016

    "For a relatively junior counsel,she shows great determination and tactical awareness"
    Legal 500 (Intellectual Property) 2015

    "A confident and popular junior whose standing belies her year of call (2008). She mainly focuses on biotech and pharmaceutical patent disputes, and also software copyright matters. She has had a number of recent mandates concerning SPCs.
     "A forceful advocate on her client's behalf and effective with it."
    Chambers and Partners (Intellectual Property) 2015

    "A future star in the making"
    Legal 500 (Intellectual Property) 2015

    The "highly intelligent" Isabel Jamal is "very quick to work out the commercial importance of a matter."
    The world trade mark review 2015