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Controversy emerges over Samsung expert on ITC case
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MacNN Staff
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Feb 28, 2013, 11:33 AM
 
Controversy has emerged over a new expert on an Ericsson v. Samsung case at the US International Trade Commission, according to reports. Complaints began when FOSS Patents discovered that the Rt. Hon. Professor Sir Robin Jacob has been brought onto Samsung's side in the ITC dispute. Jacob, significantly, was one of the UK judges who ruled that Apple was non-compliant in publishing a required admission that Samsung hadn't violated Apple's iPad patents.

While the judge may not have violated any laws, it has raised concerns over conflict of interest. Samsung tells the International Business Times that Jacob isn't a legal representative for Samsung, but has been contracted as an expert by a lawfirm representing Samsung at the ITC. Ericsson is accusing Samsung of patent infringement and asking the ITC for bans on several Samsung devices. Among these are the Galaxy S III, the Galaxy Note II, and the Galaxy Tab.
     
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Feb 28, 2013, 12:27 PM
 
I wouldn't call it a "controversy." Some websites reported it, but it's really not a full-blown controversy. Mueller himself stated that he did not think anything illegal had happened.
     
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Feb 28, 2013, 12:28 PM
 
It is a conflict of interest. It does call into mind if the judge was BIASED when ruling against Apple, realizing he could be hired by Samsung if he did so.
     
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Mar 1, 2013, 02:15 AM
 
Maybe I've been living under a rock, but since when do supposedly impartial judges still on the bench get to take side jobs where they must, for money, take positions that will inevitably bring them into conflict with future decisions?
Charles Martin
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Mar 1, 2013, 06:37 AM
 
Originally Posted by chas_m View Post
Maybe I've been living under a rock, but since when do supposedly impartial judges still on the bench get to take side jobs where they must, for money, take positions that will inevitably bring them into conflict with future decisions?
That makes no sense.

This judge was arguably a legal expert on patents, and as such, he is valuable to Samsung and got hired by them four months after the relevant judgment.

If it is deemed there might be a conflict of interest for certain future court cases, then he won't be assigned to those court cases.

The fact that he has taken on a specific side job does not per se make him unfit for the job as a judge. If that were the case, no judge would be able to take any side job, ever, as there is bound to be some court case eventually that would be relevantly affected by the side interest.
     
   
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