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Old Feb 28, 2013, 08:29 AM   #1
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UK Judge Who Chastised Apple Over Samsung 'Apology' Now Consulting as Patent Expert for Samsung




A UK judge who was involved in a case in which Apple was ordered to publish a notice on its website saying that Samsung's Galaxy Tab did not copy the registered design for the iPad has been hired by Samsung as a patent expert in a separate legal battle with Ericsson, reports software patent blog FOSS Patents.

Sir Robin Jacob served on a panel of appeals court judges reviewing the case after Apple complied with the initial court order but in a rather playful manner, quoting judge Colin Birss's earlier comment that the Galaxy Tab was "not as cool" as the iPad. Sir Robin was unamused, and ordered Apple to change the notice, accusing the company of acting with a "lack of integrity".

FOSS Patents' Florian Mueller discovered that Sir Robin is now acting as a patent expert for Samsung from a mention in a letter from Samsung's legal counsel concerning the ITC investigation of a patent infringement complaint filed by Ericsson against Samsung. The blog points out that there is nothing illegal in the maneuver and expresses no doubt that the judge has acted properly at all times, but notes that the impression given is not necessarily a favorable one.
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I ... have no doubt that at the time of the ruling Sir Robin Jacob was not being paid, or improperly promised to be paid, by Samsung, and he won't have had any contact with Samsung or Samsung's counsel that would have been against the rules and barred him from adjudicating the Samsung v. Apple case.

Furthermore, Sir Robin Jacob is truly an expert in patent law and there is no question that Samsung will benefit from his knowledge. That said, this just doesn't feel right. It gives the impression that a judge who deals Samsung's number one rival a huge PR blow, in a way that I found very extreme and unjustified, will be generously rewarded.
Mueller himself has found himself embroiled in a somewhat similar situation, having served as consultant to Oracle (as well as Microsoft) while also writing about the patent battle between Oracle and Google.

Article Link: UK Judge Who Chastised Apple Over Samsung 'Apology' Now Consulting as Patent Expert for Samsung
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Old Feb 28, 2013, 08:31 AM   #2
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Smells fishy....

I always thought that ruling was rather childish...
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Old Feb 28, 2013, 08:32 AM   #3
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Hah, I wish I could say "unbelievable" but let's get real -- megacorps run the world.
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Old Feb 28, 2013, 08:33 AM   #4
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Let's buy a judge.
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Old Feb 28, 2013, 08:34 AM   #5
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Old Feb 28, 2013, 08:34 AM   #6
mcarling
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Outrageous corruption! The judge should be disbarred.
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Old Feb 28, 2013, 08:34 AM   #7
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It's a conspiracy...

*Gets tinfoil hat*
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Old Feb 28, 2013, 08:35 AM   #8
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Yeh, I wouldn't put it past Samsung to pay off people. After all without copying what would they be?
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Old Feb 28, 2013, 08:37 AM   #9
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Yeh, I wouldn't put it past Samsung to pay off people. After all without copying what would they be?
That's innovation! Apple didn't do that before!
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Old Feb 28, 2013, 09:40 AM   #10
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Originally Posted by turtlez View Post
Yeh, I wouldn't put it past Samsung to pay off people.
Old news.
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Old Mar 1, 2013, 12:37 AM   #11
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Quote:
Originally Posted by turtlez View Post
Yeh, I wouldn't put it past Samsung to pay off people. After all without copying what would they be?

you are on point
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Old Feb 28, 2013, 04:23 PM   #12
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Let's buy a judge.
Why not? Many government officials go into lobbying and many lobbyists go into government. Corruption galore. Yay.
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Old Feb 28, 2013, 03:04 PM   #13
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Hah, I wish I could say "unbelievable" but let's get real -- megacorps run the world.
People don't want to believe it but most aren't really paying any attention.
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Old Feb 28, 2013, 03:17 PM   #14
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Originally Posted by Oletros View Post
No, there is no hypocrisy, what Mueller does is not corruption or illegal, only what he is paid for, on the other hand, until proven guilty a judge has not done anything illegal
So, it's okay to accuse Mueller of having his viewpoint influenced by a consultant position, but not Judge Jacobs. Huh.

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Originally Posted by lazard View Post
Considering the fact that he wasn't hired by Samsung, he has no need to question himself.
How is being hired by Samsung's lawyers to testify on Samsung's behalf significantly different than being hired by Samsung to testify on Samsung's behalf in this context?

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Originally Posted by samcraig View Post
"retired from the Court of Appeal in March 2011" to become a professor, but under Section 9 of the Senior Courts Act 1981, ex-judges can still be invited to sit on the bench... "
Not sure how I missed that when I reread the post after you made the claim!
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Old Feb 28, 2013, 03:21 PM   #15
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How is being hired by Samsung's lawyers to testify on Samsung's behalf significantly different than being hired by Samsung to testify on Samsung's behalf in this context?

Not sure how I missed that when I reread the post after you made the claim!
I'll take a stab. For one - Samsung might not have instigated his hiring. It's very possible he was brought to the table by the lawfirm.

If so - then this whole idea that the judge was in Samsung's pocket and/or other silly nonsense is exactly what we've been calling it. Nonsense.

Perhaps a shade of gray - but an important one. It's entirely possible that Samsung directed the law firm to get this guy. It's also possible that Samsung wanted the best person for the job and the law firm vetted this guy to be "the one."

Also - I have no idea - is it possible that this law firm has worked with this judge before?

Last edited by samcraig; Feb 28, 2013 at 03:28 PM.
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Old Feb 28, 2013, 03:25 PM   #16
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So, it's okay to accuse Mueller of having his viewpoint influenced by a consultant position, but not Judge Jacobs. Huh.
First, the judge was not influenced by any consultant position when he ruled with the other other two judges.

Second, being a paid blogger and write influenced by whom pays you it is not illegal, making a sentence influenced by being paid by one of the parties it is illegal.
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Old Feb 28, 2013, 08:47 AM   #17
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Originally Posted by Mad Mac Maniac View Post
Smells fishy....

I always thought that ruling was rather childish...
And Apple's "Playful compliance" wasn't ?

Apple took the piss and they got spanked. The Judge moved on and is being paid for his expertise. The writer of the blog is an idiot. They mention all the disclaimers about the Judge doing nothing improper at the time of the ruling and then chastise him for being able to earn money for his expertise.

Apple would be un-likely to hire him since he was one member of the panel that censured them for their shenanigans, however, if they had subsequently hired him for another matter, perhaps the blog writer would feel better about the world.

Whilst amusing that's as far as this story goes.

edit: In addition, the blog writer says that Apple "complied with the initial court order but in a rather playful manner". Well, they did not comply with the court order which is why they were censured in the first place. Also, no court in any jurisdiction likes their orders to be interpreted "in a rather playful manner". That lack of respect is bound to end only one way and frankly Apple were fortunate they were not dealt with more harsly or deemed to be in contempt.

Last edited by SlugBlanket; Feb 28, 2013 at 06:56 PM. Reason: misplaced my tin foil hat
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Old Feb 28, 2013, 08:49 AM   #18
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Quote:
Originally Posted by haruhiko View Post
Let's buy a judge.
Samsung wouldn't bribe a public official, would they?

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Originally Posted by Picka View Post
It's a conspiracy...

*Gets tinfoil hat*
Instead of a tinfoil hat, you could Google "Samsung Corruption" or "Samsung Bribery" and find actual cases that Samsung's CEO was convicted of and pardoned for by the South Korean government which is in his pocket.

Just saying....
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Old Feb 28, 2013, 01:07 PM   #19
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Well the good news is that at the next trial, apple has a case for that judge to be nowhere near the case.
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Old Feb 28, 2013, 01:12 PM   #20
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Well the good news is that at the next trial, apple has a case for that judge to be nowhere near the case.
Considering he's retired, I doubt Apple has to worry about it.
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Old Feb 28, 2013, 09:02 AM   #21
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The judge should apologise to Apple now that Samsung copied yet another feature, including functionality AND design: Passbook

http://www.macrumors.com/2013/02/27/...ke-wallet-app/
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Old Feb 28, 2013, 09:02 AM   #22
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talk about corruption. or like congressmen sitting on boards after leaving congress.
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Old Feb 28, 2013, 09:03 AM   #23
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A judge who doesn't see patent infringement and even made Apple apologize where Judge Koh saw one with a damage of $1B.

Could you have a better adviser than that when filing for patents? Next up, the new Samsung Galaxy S4:
Thumb resize.

...but the Judge said it's a original design!!!11 See, it's semi-glossy rather than glossy and the edges are 1 deg. less bent. Completely different phone.
And as fas as the US goes, you get this, and we hope you already forgot about the iPhone 3G design:

Even has widgets.

Last edited by Giuly; Feb 28, 2013 at 09:11 AM.
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Old Feb 28, 2013, 09:10 AM   #24
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Whether there was improper behavior or not...the appearance of impropriety is unfortunately strong, to say the least.
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Old Feb 28, 2013, 09:11 AM   #25
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I feel like this has to be some sort of conflict of interest... Or something that's illegal
No - a conflict of interest would be if Samsung hired the judge before or during trial as a consultant. Samsung obviously liked the reasoning of the judge. And the judge is an EXPERT in his field. Who better to hire when you're going after another competitor (note: NOT APPLE) than someone who is an expert and someone you already are in line with when it comes to these disputes. Please tell me why you think this is a conflict of interest? Apple's not even involved in this anymore.

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Originally Posted by Giuly View Post
A judge who doesn't see patent infringement and even made Apple apologize where Judge Koh saw one with a damage of $1B.
And in other news - Apple's ONLY winning suit was in the US. Everywhere else they lost. Is Judge Koh now the only judge who could possibly have an opinion?
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