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U.S. jury reaches verdict on NDS, mistrial possible

SANTA ANA, California
Wed May 14, 2008 7:47pm EDT

SANTA ANA, California (Reuters) - Jurors have reached a verdict in the corporate espionage lawsuit against News Corp unit NDS Group Plc by DISH Network Corp, but the judge said on Wednesday he would first have to consider whether a legal issue warranted a mistrial in the case.

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The eight-member jury reached a verdict late on Tuesday afternoon, following a single day of deliberations in the month-long trial, but it was sealed by U.S. District Judge David Carter after he learned a member of the panel had spoken to a lawyer for DISH Network Corp.

Carter said he would interview the woman, who according to DISH lawyers greeted them in a hallway and wished them "good luck," on Thursday morning.

"I will ask the juror to come out and inquire what was said. If I need to take action, I certainly will," Carter told attorneys during a hearing into the issue on Wednesday. "The last case is a mistrial."

If he does not declare a mistrial, Carter could replace the juror with an alternate and ask the panel to begin deliberating again, or decide it did not represent a legal issue at all and have the verdict read.

DISH has sued NDS claiming the News Corp unit employed a well-known hacker to crack DISH's security code and post it on the Internet.

NDS is also accused of manufacturing DISH "smart cards" that enable access to free service if placed in a black box.

If the jury finds in favor of DISH and awards punitive damages, the case has the potential of some $1.6 billion in damages.

(Editing by Andre Grenon)



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