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James Abrahams QC

 


Year of call: 1997
Year of silk: 2016

James Abrahams read Law at St Anne's College, Oxford where he obtained a BA and BCL. He was also a scholar of St Anne's and twice winner of the Law Prize. He was called to the Bar in 1997 as a scholar of Gray's Inn. James became a member of Chambers in 1999.

James specialises in all aspects of IP, including patents, copyright, design rights, moral rights, database and related rights, registered designs, trade marks, passing off and breach of confidence. He is particularly well-known for his work in high-technology, complex patent cases, having appeared in the large majority of the major electronics, telecommunications and smartphone patent cases of the last few years.

Major patent cases include:

• Rovi v Virgin Media and TiVo (EPG and set top box functionality)
• Microsoft v Motorola (email protocols)
• Ericsson v ZTE (mobile telecommunications)
• Xena v Cantideck (damages inquiry in respect of rolling loading platforms)
• Liversidge v Owen Mumford and Abbott (medical auto-injector devices)
• HTC v Apple (smartphone interfaces)
• HTC v IPCom (mobile telecommunications)
• Nokia v IPCom (mobile telecommunications)
• LG v Sony (Blu-ray players)
• Apple v Nokia (mobile telecommunications)
• Motorola v RIM (mobile telecommunications)
• Wake Forest v Smith & Nephew and Mölnlycke v Wake Forest (wound dressings)
• Phillips v Harvard (video coders/decoders)
• Halliburton v Smith (oil well drill bits)
• Nokia v InterDigital (mobile telecommunications)
• Ferag v Muller Martini (print finishing machines)
• Glaxo’s Patent (Seretide® inhalers)
• Intel v VIA (microprocessors and chipsets)

Other major cases include:

• IPC Media v Media 10 (trade marks)
• Total v You View (trade marks)
• Coward v Phaestos (automated hedge fund software copyright)
• PRS v B4U (copyright in Bollywood musical songs)
• The Da Vinci code copyright case, Baigent v Random House
• 19TV v Freemantle (copyright in the format of ‘Pop Idol’)
• IPC Media v Highbury (copyright in magazine covers)
• Honda v Neesam and others (parallel imports of Honda motorbikes)
• British Horseracing Board v William Hill (the first case in which the UK and European courts had to deal with the database right created by EC Directive 96/9).

 

Other

EDO Corp v Ultra Electronics [2009] EWHC 682 (Ch), [2009] Bus LR 1306; [2009] 2 Lloyd’s Rep 349

Application for pre-action disclosure under rule 31.16 CPR, relating to secret document concerning the design of a sonar system for an anti-aircraft warship. The application raised a novel issue under the Arbitration Act 1996 and its relation to rule 31.16.

Totalise v The Motley Fool and Interactive Investor [2002] 1 WLR 1233, [2002] FSR 778, [2002] EMLR 20 (Court of Appeal)

Appeal on costs only, relating to a Norwich Pharmacal application. The Court of Appeal held that the general rule for such applications should be that the innocent respondent should receive its costs from the applicant, and allowed the appeal on that basis. The case also raised issues under the Data Protection Act 1998.


The Gadget Shop v The Bug.Com [2001] FSR 383

Application to set aside a search and seizure (“Anton Pillar”) order, in a confidential information case. The order was set aside on a number of grounds, including material non-disclosure and breaches of the CPR.
 

  • What the Directories Say
  • He is incredibly intelligent. He is a street fighter advocate who gets down to the nitty gritty and rolls his sleeves up. He always puts in the effort and is unafraid of the difficult cases- he gets the best out of them." "He is fantastic on paper and a very logical thinker. He is extremely hard working, has never let me down and makes it an easy working relationship"
    Chambers & Partners (Intellectual Property) 2017

    "A very clever barrister and a sharp opponent."
    Legal 500 (Intellectual Property) 2017

    "A tenancioius advocate and someone you want on your side"
    Legal 500 (Intellectual Property) 2016

    "A very astute and commercail senior junior, he's someone with excellent written and oral skills"
    Chambers & Partners (Intellectual Property) 2016

    "A very able and commercial barrister who produces quality pleadings"
    Legal 500 (Intellectual Property) 2015

    "He's astute and tactically excellent, and has great drafting skills" 
    Chambers & Partners (Intellectual Property) 2015

    "Confident, clear, tenacious and pragmatic, he has excellent written and oral skills."
    Chambers & Partners (Intellectual Property) 2014

    "Produces quality pleadings"
    Legal 500 (Intellectual Property) 2014