(Corrects headline and first paragraph to show judge denies
request for mistrial)
By Bernard Vaughan
NEW YORK Aug 23 A federal judge on Friday
denied Marvell Technology Group Ltd'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 Pittsburgh-based university said at least nine Marvell
circuit devices incorporated the patents, and that the
infringement let the company, which is based in Hamilton,
Bermuda, sell billions of chips using the technology without
The damages award in December 2012 was one of the largest by
a U.S. jury in a patent infringement case, following a $1.05
billion award months earlier to Apple Inc against
Samsung Electronics Co concerning the design of
Marvell asked the judge to declare a mistrial, among other
post-trial requests. It argued Carnegie Mellon's lawyer made
improper, misleading and prejudicial comments during closing
arguments that "inflamed" the jury.
But U.S. District Judge Nora Barry Fischer in Pittsburgh
federal court disagreed with the company.
"Marvell, in throwing old and new grievances at the court
under the guise of prejudice, is trying to do what it could not
do at trial: convince the court to throw out this case and hope
that a second time around will be more successful," Fischer
wrote in a 31-page opinion on Friday.
A Marvell spokesman said the company would appeal the
decision to the U.S. Federal Circuit Court of Appeals in
The judge has not ruled on a request by Marvell to reduce
A representative of Carnegie Mellon could not be immediately
reached on Friday.
The case is Carnegie Mellon University v. Marvell Technology
Group Ltd et al, U.S. District Court, Western District of
Pennsylvania, No. 09-00290.
(Reporting by Bernard Vaughan)