A U.S. judge on Wednesday declared a mistrial in a lawsuit brought by
private patent owner Intellectual Ventures against Google Inc's
Motorola Mobility unit after jurors could not unanimously agree,
according to an Intellectual Ventures statement.
The trial between Intellectual Ventures and Motorola in Delaware
federal court was the first for IV since it was founded 14 years ago and
pitted two adversaries in the current national debate over patent
reform.
It involved three patents covering a variety of
smartphone-related technologies, including Google Play.
U.S. District Judge Sue Robinson in Wilmington, Delaware declared
the mistrial on Wednesday, nearly two weeks after the trial began and
one day after the jury began deliberating.
"Mistrials are an occasional fact of life, and it is disappointing,"
said Melissa Finocchio, chief litigation counsel for Intellectual
Ventures.
IV is looking forward to a retrial, she said.
Motorola maintained its opposition. "We continue to believe this
lawsuit was based on overbroad patent claims meant to tax innovation,"
Motorola said in a statement.
Google, which acquired Motorola in 2012, is backing attempts to curb
software patents and make it easier to fight lawsuits. IV has warned
that Congress should not act too rashly to weaken patent owners' rights.
Google recently announced that it would sell its Motorola handset
business to Lenovo but that it would keep the vast majority of
Motorola's patents. A Google spokesman declined to comment on how
Motorola's patent liabilities would be impacted by the sale.
Privately held Intellectual Ventures and other patent buyers have
been accused by some in the technology industry of burdening innovation
by using the patents they buy to pursue lawsuits instead of building
products.
IV argues that unlike some of the firms denounced as "patent trolls"
it invests only in quality intellectual property and does not file
frivolous lawsuits. The multi-billion dollar patent firm has other
lawsuits in pre-trial stages and has agreed to settlements for other,
separate claims, but the Motorola lawsuit is the first case it has taken
to trial since IV was founded 14 years ago.
IV has raised about $6 billion (3 billion pounds) from investors and
has bought tens of thousands of intellectual property assets from a
variety of sources. Google was an investor in IV's first patent
acquisition fund but did not join later vehicles.
The case in U.S. District Court, District of Delaware is
Intellectual Ventures I and Intellectual Ventures II vs. Motorola
Mobility, 11-908.
(Reporting by Dan Levine. Editing by Andre Grenon and Cynthia Osterman)
Source : Yahoo
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