Last year as Apple and Samsung battled in courtrooms around the world, Apple won some and lost some.
The oddest loss happened in the U.K. when judges in the case required Apple to apologize publicly to Samsung on the Apple website. The FOSS Patents blog discovered the judge who gave the first opinion for the court of appeal, The Rt. Hon. Professor Sir Robin Jacob, now works for Samsung Electronics.
The U.S. International Trade Commission (ITC) is investigating a complaint by Ericsson against Samsung. According to FOSS, Erickson wants a U.S. import ban on several Samsung products Erickson believes violate several of its patents.
In a letter submitted to the ITC by Samsung, Sir Robert Jacob is listed as an expert “working on behalf of Respondents Samsung Electronics Co. Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America LLC in the above-referenced investigation.”
Sir Robin Jacob was not the judge who famously said Samsung’s products “are not as cool” as Apple’s. That was Judge Colin Birss. Sir Robin Jacob over saw the case and argued it was the “massive publicity” of Judge Birss’s “not as cool” judgment that made it necessary to require Apple to publish the apology.
In his opinion Sir Jacob wrote, “Following Judge Birss’s ‘not as cool’ judgment, which did receive massive publicity, Apple obtained the Oberlandesgericht order banning SEC from selling the [Samsung] 7.7 throughout Europe. That order received massive publicity in the press too.”
When Apple first published a version of the apology required by the U.K. court, the notices included Judge Birss’s “not as cool” assessment of Apple’s iPad. Sir Jacob accused Apple of having a “lack of integrity” and required them to republish the following notice without the snark:
“On 9 July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic (UK) Limited’s Galaxy Tablet Computers, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple’s Community registered design No. 0000181607-0001. A copy of the full judgment of the High Court is available from www.bailii.org/ew/cases/EWHC/Patents/2012/1882.html.”
“That Judgment has effect throughout the European Union and was upheld by the Court of Appeal of England and Wales on 18 October 2012. A copy of the Court of Appeal’s judgment is available from www.bailii.org/ew/cases/EWCA/Civ/2012/1339.html. There is no injunction in respect of the Community registered design in force anywhere in Europe.”
Having so recently ruled in a case that benefitted Samsung, perhaps a judge concerned so much about the integrity of Apple should decline an offer to work for Samsung.
What do you think of Sir Jacob’s decision to work for Samsung so soon after Samung’s case against Apple?