Google intends to argue the jury can't agree on half a question and not be able to decide on the other half, Cnet reported Monday.
The jury found Google had infringed on Oracle's Java programming language when it developed its Android mobile phone operating system.
However, it could not come to a unanimous decision on whether Google proved fair use or not.
Fair use is a legal concept that allows limited use of copyrighted material, often applied to opinions, commentary and news-related copyrights.
Google will likely ask Judge William Alsup Tuesday or Wednesday to declare a mistrial, Cnet reported.
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