The judge in the case brought by US DTH operator Dish Network against NDS over alleged piracy claims has said he will consider a mistrial. California District Judge David Carter made his comments after it emerged that a member of the eight strong jury had spoken one of Dish Network’s lawyers.
The jury had reached its verdict late in Tuesday afternoon, but the bids will now remain sealed until the judge makes his decision.
The woman juror had reportedly greeted DISH lawyers in a hallway and wished them “good luck”.
Rather than declare a mistrial the judge could replace the woman with an alternate juror and ask them to reconsider their deliberations.
Dish is looking for an award of $181 million ($117.24), based on the $90 million cost of swapping out its smart cards following the alleged hack and a further $90 to cover lost profits.
