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Isabel Jamal

 


Year of call: 2008

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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.
 


 

Patents

HTC v Apple (2012)

Isabel acted as junior counsel for HTC (the succesful party) in a major patents dispute concerning four Apple patents relating to various features of a smart - phone user interface, including the well publicised "slide to unlock" patent.

Regeneron v Genentech (2012)

Isabel acted as junior counsel for the successful patentee (Genentech) in an infringement and invalidity dispute regarding its patent for therapeutic agents for the treatment of excessive angiogenesis (blood vessel growth).

LG v Sony Corp (January 2011- August 2011)

A patent dispute in which LG has asserted infringement of a number of its patents by Sony’s PlayStation 3. The technology related to inter alia Blu-Ray, which is a standardised technology. The case settled in August 2011.

Nuance v Vlingo (January 2011 – December 2011)

A patent infringement and validity dispute relating to patents concerning voice recognition software.

Apple Inc v Nokia Corp (October 2010- July 2011)

A complex piece of litigation involving infringement and validity of nine Apple patents and four Nokia patents, as well as a preliminary issue regarding a licence defence. The technology related to various aspects of mobile phones (both hardware and software). Isabel was involved in preparation for three of the technical trials and the CMC. The case settled in July 2011.

ITAB v Gray (October 2009)

A breach of an exclusive patent license to exploit technology for a magnetic trolley retention system. The case involved a seventeen day trial of both liability and quantum.

Mölnlycke v Wake Forest (July 2009)

Trial on the validity of the same patent in suit in the KCI v Smith & Nephew proceedings*

KCI v Smith & Nephew (July 2009)

Court of Appeal hearing regarding the infringement and validity of a patent for a medical device to aid the healing of chronic open wounds*

Philips v Harvard (June 2009)

A two day CMC primarily regarding the order in which to have issues heard in separate trials*

Nokia v IPCom (May 2009)

A two day CMC addressing various case management issues*

Generics v Lundbeck (Jan 2009)

House of Lords appeal on the scope of ‘Biogen insufficiency'*

Generics v Synaptech (Dec 2008)

Trial regarding the proper interpretation of Article 13 of the SPC Regulation and in particular on whether the first marketing authorization is required to be in accordance with Directive 65/65*

Sandoz & ratiopharm v Alza (Nov 2008)

Trial regarding a patent for a slow-release osmatic patch containing Fentanyl*

Monsanto Technology v Cargill (Oct 2008)

Court of Appeal hearing regarding the alleged infringement of a patent for the DNA sequences used for genetically modifying crops*

Qual-Chem v Corus (Oct 2008)

Court of Appeal hearing regarding a patent for treating molten slag*

Sandoz & ratiopharm v Napp (Oct 2008)

Trial regarding a patent for a slow-release formulation for an analgesic called Oxycodone*

* (indicates those cases Isabel was involved as a pupil)
 

Trade Marks and Passing Off

Weight Watchers v Love Bites (February 2012)

A trade mark infringement and passing off case relating to the Defendants’ use of the sign ‘Waist Watchers’. Weight Watchers received a favourable non-binding opinion from the Patents County Court in relation to its claims.

Trade Mark Registry Hearing (O/263/12)(July 2012)


Successfully defended an opposition to a trade mark application for a device mark incorporating the word ‘CHIQUO’ under s.5(2)(b) and s.5(4) Trade Marks Act. The opponent’s trade marks incorporated the word ‘CHIO’.
 

Claessens International Ltd v Claessens Cartils (November 2010)

A trial concerning passing off, trade mark infringement and breach of a co-existence agreement [the case settled during the course of the trial].

Trade Mark Registry Hearing [Application No 2553838] (November 2010)

Successfully challenged the comptroller’s decision to refuse a charity’s application for a device mark comprising the words END CHILD POVERTY

Trade Mark Registry Hearing [0/334/10] (September 2010)

Successfully resisted an opposition made against the trade mark application for the mark YOG, made under s.5(2)(b).

Adobe v Roach (July 2010)

Judgment in default in a trade mark infringement claim regarding the sale of counterfeit Adobe Photoshop software

AdWords Advice (April 2010)

Advised relating to use of trade marks as Google AdWords and in Google AdText, in particular in relation to the impact of the ECJ opinion in Google v Louis Vuitton and the latest changes to Google’s AdWord and AdText policy in the UK

Argos v Argos Sports (March 2010)

Judgment in default for a claim against the Defendant for passing off

Honda v Neesam (May 2009)

An application for a preliminary issue in relation to quantum regarding a parallel import case*

Symphony Financial Partners v Symphony International (May 2009)

Trade mark infringement case between two investment companies*

Whirlpool v Kenwood (April 2009)

Court of Appeal hearing regarding the shape mark of Whirlpool’s food mixer*

Dahl v Northern & Shell

A passing off case involving an alleged celebrity endorsement*

Hotel Cipriani v Cipriani (Grosvenor Street) (December 2008)

Trademark infringement and passing off case relating to a restaurant named ‘Cipriani London’*

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

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)

Trade Secrets and Confidential Information

Vestergaard Frandsen v Bestnet (May 2009)

A post judgment hearing regarding whether the successful claimants should be awarded a permanent injunction against Bestnet*

Gardline v UTEC (March 2009)

Copyright infringement and breach of confidence case*

Lance Haggith v McNeil Products (Jan-March 2009)

Design right and breach of confidence case regarding the design of a sachet for liquid paracetamol*

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

Broadcasting

ITV Broadcasting and others v TV Catch Up (2010-2011)

Copyright infringement claim relating to the live streaming of television programmes on a website.

FAPL v QC Leisure (December 2008)

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

Additional Information

 

Education

2002-2006: M Phys Phil (Oxon) (First Class) Physics and Philosophy Masters, St Hilda’s College, Oxford Lillian Blake Exhibition awarded for first year moderations Helen Mary Allen Scholarship for third year final examinations

2006-2007: Graduate Diploma in Law, Commendation Lord Brougham Scholarship and Hardwicke Entrance Scholarship from Lincoln’s Inn

2007-2008 Bar Vocational Course, Very Competent Lord Denning Scholarship from Lincoln’s Inn

Other

Mooting Semi-finalist at BPP Moot 2007;
Semi-finalist at Middle Temple Debating Competition 2007;
European Debating Championships 2008;
Prize Winner at the Inner Temple Open-Debate Competition 2009

Rowing

Oxford University Women’s Boat Club 2004-2005, Varsity Boat Race April 2005
Choir: General Manager of Vivamus Choir 2007-2009; Choral Scholar Exeter Chapel Choir 2003 2006

Travel

Brazil, Eastern Europe, Morocco, Outer Mongolia, China and East Africa

Recent Activity

» Hospira UK Limited v Cubist Pharmaceuticals LLC [2018] EWCA Civ 12
» Actavis -v- Eli Lilly [2017] UKSC 48
» Unwired Planet International Ltd (Claimant) -v-(1) Huawei Technologies Co Ltd (2) Huawei Technologies (Uk) Co Ltd (Defendants) & Unwired Planet Llc (Tenth Party)
» Unwired Planet International Ltd v (1) Huawei Technologies Co. Ltd (2) Huawei Technologies (UK) Co. Ltd
» Warner Lambert -and- Generics Ltd, Actavis, Caduceus (Pregabalin)
» Actavis and others v ICOS and Lilly [2016] EWHC 1955 (Pat)
» Hospira UK Ltd -v-Cubist Pharmaceuticals LLC [2016] EWHC 1285 (PAT)
» Actavis UK Ltd and others v Eli Lilly & Company [2016] EWHC 234 (Pat) 12 February 2016
» Unwired Planet International Ltd v Huawei Technologies Ltd, Samsung Electronics Co Ltd and others [2016] EWHC 94 (Pat)
» Warner-Lambert Company LLC v Actavis Group PTC EFH [2015] EWHC
» Actavis UK Ltd & Ors v Eli Lilly & Company [2015] EWCA Civ 555 (25 June 2015)
» Alfrank Designs Ltd v Exclusive (UK) Ltd & Anor [2015] EWHC 1372 (IPEC)
» Merck Canada Inc v Sigma Pharmaceuticals PLC Case C-539/13
» Vringo Infrastructure Inc v ZTE (UK) Ltd [2014] EWHC 3924 (Pat)
» IPC Media Ltd v Media 10 Ltd [2014] EWCA Civ 1439
» Rovi Solutions Corporation & Anor v Virgin Media Ltd & Ors [2014] EWHC 2301 (Pat)
» Actavis UK Limited and others v Eli Lilly & Company [2014] EWHC 1511 (Pat)

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

 

 

  • 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