O’Melveny’s Patent Litigation Victory for TPV Technology Noted by Several Publications

April 16, 2013

O’Melveny & Myers LLP obtained a major victory for long-standing client Top Victory Electronics (Taiwan) Co., Ltd. (TPV) in a patent infringement lawsuit brought by Hitachi Consumer Electronics Co., Ltd. After a five-day trial, a Texas federal jury found that digital televisions manufactured by TPV did not infringe any of Hitachi’s four asserted patents and that two of Hitachi’s patents are invalid. The jury verdict gave TPV a clean sweep on all of the issues at stake in the case.


The patent trial took place in the US District Court for the Eastern District of Texas. Hitachi claimed that TPV, one of the world’s largest producers of LCD televisions and computer monitors, had infringed Hitachi’s patents that allegedly related to digital television technology and should pay Hitachi US$55 million in royalty damages. Hitachi also claimed that it had been driven out of the digital television business by original equipment manufacturers (OEMs) like TPV and that TPV had acted willfully by failing to take a license to the Hitachi patents.


Working with local counsel Deron Dacus and lawyers from Akin Gump Strauss Hauer & Feld LLP, the O’Melveny team presented a strong defense and demonstrated that Hitachi’s claims were untrue. At the close of trial, the jury deliberated for only a little more than an hour before returning a verdict which found that Top Victory had not infringed any of Hitachi’s asserted patents -- US Patent Nos. 5,502,497, 7,286,310; 8,009,375; and 6,549,243. In addition, the jury found that Top Victory proved by “clear and convincing evidence” that two of Hitachi’s patents -- US Patent Nos. 7,286,310 and 8,009,375 -- are invalid. Finally, the jury found that Hitachi was not entitled to any money damages.


“Top Victory is very pleased with the jury’s verdict, which is important not only to itself, but to the entire television manufacturing and original equipment manufacturer industry,” said O’Melveny partner Mark Samuels, counsel to Top Victory. “We are gratified that the jury paid close attention in a complex, technical case and reached the right decision on every issue.”


The O’Melveny team was led by Samuels and included O’Melveny partner Brian Berliner, counsel Vision Winter, Todd Fitzsimmons, and Jordan Raphael, and associate John Woo. The lawyers for Akin Gump were partners Todd Landis and Eric Klein, and counsel Daniel Moffett. TPV’s local counsel was Deron Dacus of The Dacus Firm in Tyler, Texas. The case is Hitachi Consumer Electronics Co., Ltd. v. Top Victory Electronics (Taiwan) Co., Ltd., et al. (E.D. Tex. Case No. 2:10-CV-260-TJW).


Coverage of O’Melveny's major jury trial victory was featured in publications including Law360 and The American Lawyer.