Top Victory Electronics

O’Melveny obtained a major jury trial victory in April 2013, prevailing on every issue at stake for long standing client Top Victory Electronics (Taiwan) Co., Ltd. (TPV) in a patent infringement dispute against Hitachi Consumer Electronics Co., Ltd. Hitachi filed the case in 2010 in the Eastern District of Texas, where defense verdicts are rare. Hitachi claimed that TPV, a leading producer of LCD TVs, computer monitors, and other consumer electronics, had infringed 10 Hitachi patents related to digital television technology. Hitachi asked for more than US$55 million in past damages, as well as a substantial per unit royalty on TPV’s future sales through 2017, and enhanced damages for alleged willful infringement. After a one week trial, the Texas jury found that TPV did not infringe any of Hitachi’s asserted patents. The jury also concluded that TPV proved by “clear and convincing evidence” that two of Hitachi’s patents are invalid. The Federal Circuit affirmed the trial court judgment on September 15, 2014.