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Monday, 26 August 2013 09:30

Judge throws out Marvell’s claim for a mistrial

Written by Nick Farrell

You can’t have a second go at a trial

A federal judge denied Marvell's request to declare a mistrial in a patent infringement case in which a jury awarded $1.17 billion in damages to Carnegie Mellon University.

Carnegie Mellon sued Marvell in March 2009 over patents issued in 2001 and 2002 related to how accurately hard disk-drive circuits read data from high-speed magnetic disks. The suit involved nine Marvell circuits which incorporated the patents, and that the infringement let the Bermuda outfit blog billions of chips with its tech on board.

The damages award in December 2012 was one of the largest by a US jury in a patent infringement case. Marvell asked the judge to declare a mistrial and it claimed that Carnegie Mellon's lawyer made improper, misleading and prejudicial comments during closing arguments that "inflamed" the jury.

US District Judge Nora Barry Fischer in Pittsburgh federal court disagreed and said that Marvell was trying to do what it could not do at trial convince the court to throw out this case and have another crack at it. Marvel has said that it will appeal so this case will run and run.

Nick Farrell

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