Hitachi Consumer Electronics Co. Ltd. and Hitachi Advanced Digital Inc. v. Top Victory Electronics (Taiwan) Co. Ltd., et al.

Analysis Group was retained by O'Melveny & Myers LLP and the Dacus Law Firm in this patent infringement lawsuit filed in the US District Court for the Eastern District of Texas (Marshall Division). Hitachi's claims against Analysis Group client Top Victory Electronics (Taiwan) Co. Ltd. (TPV) were related to four digital television patents that allegedly covered two features: the ability of televisions to receive digital over-the-air programming, and the ability of televisions to receive multiple programs over one channel and scale incoming video to fit the size of the television screen. Hitachi sought royalty damages of more than $55 million against TPV based on a running per-unit royalty structure.

An Analysis Group team led by Senior Advisor Keith R. Ugone conducted an independent evaluation of Hitachi's claimed damages and prepared a rebuttal report. Dr. Ugone testified in deposition and at trial that Hitachi's claimed damages were significantly overstated in light of the royalty payments contained in comparable license agreements and in light of apportioned royalty rates from license agreements executed between Hitachi and other television manufacturers that included the patents-in-suit.

The jury found that TPV did not infringe the asserted claims of the four asserted patents. It also found that the asserted claims in two of the four asserted patents were invalid.