SK hynix Inc.
O’Melveny helped SK hynix Inc. (formerly Hynix Semiconductor) obtain a favorable settlement in long-running patent and antitrust litigation with Rambus, Inc. The 13-year dispute involved litigation on two continents, in multiple trial courts (with trials in state and federal courts), multiple appellate proceedings (in state and federal appeals courts) and litigation before multiple agencies, including the US Federal Trade Commission, European Commission, International Trade Commission, US Patent & Trademark Office, European Patent Office, and several European courts. The stakes were huge and included a one-time jury verdict for hundreds of millions of dollars (since vacated by O’Melveny on appeal) and a US$12 billion antitrust claim against SK hynix and other memory companies defeated by O’Melveny at trial. A seminal decision came from the Federal Circuit, with O’Melveny winning reversal of a judgment in favor of Rambus and ultimately an order imposing US$250 million in sanctions against Rambus for destruction of evidence before trial, one of the largest sanctions awards in US history. The sanctions led to a settlement resolving all claims in the hard fought global battle.