Alice Hart

Called to the bar 2018 Junior

Practice Areas

All aspects of Intellectual Property law, including patents, SPCs, trade marks, passing off, copyright, designs, confidential information and contractual disputes involving intellectual property or technical subject matter.

Cases

Alice joined Chambers upon completion of her pupillage in September 2019.

During pupillage, Alice was involved in a broad range of intellectual property disputes before the High Court, IPEC, Court of Appeal, CJEU and UKIPO and also assisted in the early stages of an arbitration.

She gained experience in matters involving patents, SPCs, trade marks (including comparative advertising), passing off, registered and unregistered design rights, database rights and confidential information, involving parties from an array of industries.

A selection of cases observed/contributed to as a pupil:

• Allergan v Accord and Aspire – six day pharmaceutical patent trial concerning the validity (obviousness) of a formulation patent for the ophthalmic drug bimatoprost.
• Conversant v Huawei – assisted in the early stages of this telecoms patents dispute concerning essentiality, validity, infringement and FRAND issues for multiple patents.
• Dyson v SharkNinja – preparation for the trial of this High Court trade mark / comparative advertising litigation, which settled shortly before trial.
• Eli Lilly v MSD – assisted in the early stages of this pharmaceutical patent action prior to its settlement. The case involved issues of validity (priority, novelty, obviousness, insufficiency) and infringement of a patent concerning anti-IL23 antibodies for the treatment of autoimmune diseases.
• Glaxo v Glenmark and Celon – assisted in the early stages of this trade mark / passing off dispute concerning the 3D shape mark for Glaxo’s inhalers, including issues of validity, infringement and declarations of non-infringement.
• Glaxo v Sandoz and Vectura – three week passing off trial in the High Court in relation to the colour purple on inhalers. Involved passing off by equivalence in the particular context of the pharmaceutical sector with issues around the regulatory and market conditions.
• Novartis v Dr Reddy’s – assisted in resisting this application for an interim injunction in relation to a patent for a breast cancer drug.
• Rhodia v Molycorp – resisting an appeal in the Court of Appeal against the judge’s finding on sufficiency in this case relating to a patent concerned with ceric oxides for use in vehicle exhaust catalysts.
• Sky v Skykick – CJEU preliminary reference in Luxembourg addressing the requirement of sufficient clarity and precision of a trade mark’s specification of goods and services and whether lack of an intention to use a mark at the time of application constitutes bad faith.

Throughout pupillage, Alice also assisted her pupil supervisors and other Members of Chambers in research, drafting and advisory work across the breadth of Chambers’ specialist areas.

In her second six, she was instructed unled to advise and draft proceedings in a trade mark / passing off dispute.

Education

2018 – 2019: 12 month pupillage at Three New Square to Miles Copeland, Dominic Hughes, Jeremy Heald, Tom Hinchliffe QC and Stuart Baran
2016 – 2018: Outstanding, Bar Professional Training Course; Graduate Diploma in Law – City, University of London
2011 – 2016: First Class Hons, MBiochem Molecular and Cellular Biochemistry – University of Oxford

Inner Temple GDL and BPTC Exhibition Awards, 2016 / 2017
City Law School Academic Scholar, 2016
Mary Lunt Prize in Practical Biochemistry, 2016
St Hugh’s College Final Honour School Prize, 2016