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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.
 


 

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)
 

  • 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