Samsung hires Sir Robin Jacob as expert

Samsung has hired Sir Robin Jacob as an expert in its case against Ericsson, it emerged on Thursday.

The Rt Hon Sir Robin Jacob was one of the three UK judges, along with Judge Colin Birss, who ruled in Samsung’s favour in its design dispute with Apple last year.

In October 2012, Judge Colin Birss dismissed Apple’s claim that Samsung had infringed its community design on the iPad, and said that the company’s Galaxy tablets are not as “cool” as Apple’s.

The judges then ordered that Apple post a link to the judgement on their website.

When Apple initially failed to comply with the publicity order, Jacob wrote in a judgement: “I hope that the lack of integrity involved in this incident is entirely atypical of Apple.”

Sir Robin Jacob was found to be among Samsung’s list of nominated experts in its case against Ericsson in a letter to the US International Trade Commission dated on Wednesday.

IP consultant Florian Mueller said in his post on FOSS Patents: “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.”

WIPR received the following statement from Samsung on Thursday: “Sir Robin Jacob is not a legal representative of Samsung Electronics. A highly reputed intellectual property expert and academic, Sir Robin has been contracted as an expert by a law firm that represents Samsung Electronics in its case against Ericsson.”

Jacob retired from the England and Wales Court of Appeals in 2011. Colin Fowler, a lawyer at Rouse in London, said that he did not believe it would have been possible for Jacob to act as an expert prior to his retirement.

When asked whether the case would present a conflict of interest, he said: “Sir Robin is acting in is in a different jurisdiction (the USA), involving totally different rights (patents), owned by a different party (Ericsson) to the Apple v Samsung design rights case which Sir Robin gave a judgment in relation to.”

“Sir Robin will no doubt have considered the conflict issues carefully before agreeing to act,” he said, adding that Rouse cannot comment on the case in question.

Sir Jacob could not be reached for comment.