In response to the `mixed' verdict by the jury on the issue pertaining to whether Google had infringed upon Oracle's copyright of Java software code while developing its Android mobile operating system, Google has filed for a mistrial in the first phase of its ongoing jury trial in the high-profile copyright-infringement case.
Google is seeking a new trial because though the 12-member federal jury ruled, on Monday, that Google had developed its Android OS by infringing upon the overall copyright structure of Oracle's Java software platform, it failed to arrive at a unanimous decision with regard to Google's main claim of its "fair use" of the 37 Oracle-owned Java APIs in question in the lawsuit.
The jury's verdict is a mixed one because U. S. District Judge William Alsup had told it right at the outset that Oracle's allegations of Google's infringement of Java's overall copyright structure and Google's arguments of "fair use" were two "indivisible" parts of one crucial question.
In an almost instantaneous reaction to the jury's Monday verdict, Robert Van Nest - the lead attorney for Google - informed Judge Alsup that he intends filing a motion for a mistrial; and the company's legal team filed the papers for the new trial on Tuesday.
According to a Courthouse News report, Van Nest - elaborating the reason behind Google's filing for mistrial - said in his motion to the court: "Under settled Supreme Court and Ninth Circuit law, the jury's failure to reach a verdict concerning both halves of the `indivisible' question requires a new trial concerning both questions."