– The seemingly increasing trend for judges to re-join the ranks of the bar or law firms after serving their time on the bench, often ending prematurely, is awakened again with the decision by a judge who ordered Apple to publish an apology to Samsung on its website joining a law firm involved in the case.

Sir Robin Jacob has joined Foss Patents to help with Samsung’s case not against Apple this time, but Ericsson.  Jacob retired his position and is hired as a consultant for the litigation and not by Samsung directly, as had been earlier reported.

Lawyers are questioning the propriety of a senior judge involved in the litigation to now be working for Samsung in this or in any other capacity.  His decision in Samsung’s favor referred to Apple’s “lack of integrity”.

Although there is no law breaking involved, there have certainly been suggestions that it is inappropriate for the judge to be acting in the way he is given his previous ruling in favor of Samsung.  Former judges can still be invited to sit on the bench in the UK.

Sir Robin Jacob is a highly respected expert with academic expertise in the intellectual property arena.

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    January 11, 2014

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