Fish & Richardson Secures Major Victory for LG Electronics in Delaware Supreme Court 

Fish & Richardson secured a favorable appellate victory for LG Electronics Inc., with the Delaware Supreme Court affirming a jury verdict in LG’s favor and reviving $12.8 million in damages in a dispute arising from a patent license agreement governing the use of covered technology by LG and its customers.

Following an October 2024 trial, a Delaware Superior Court jury found that the defendants, Intellectual Ventures (IV) entities, breached a 2019 patent license agreement by bringing infringement actions against two LG customers, both major automotive manufacturers. The jury awarded the full amount of damages sought by LG. While the trial court upheld the jury’s liability findings, it reduced LG’s recovery.

Serving as lead counsel, Fish successfully persuaded the Delaware Supreme Court to affirm the jury’s verdict over IV’s appellate challenges. Regarding damages, the Court also agreed with LG’s position that the defendants improperly advanced a significantly narrower damages theory on the eve of trial. The court concluded that adopting that late-raised theory unfairly prejudiced LG and ordered the entry of judgment of $12.8 million.

In addition, the Delaware Supreme Court ruled that LG is entitled to prejudgment interest and recoverable litigation costs, holding that interest is awarded as a matter of right under Delaware law and that the trial court erred in denying LG those additional sums. The case was remanded for further proceedings consistent with the decision.

“This decision restores the heart of LG’s trial victory and reinforces that licensees are entitled to the full benefit of their contractual bargain,” said Fish Principal Andy Schwentker, who argued the appeal. “We are proud to have represented LG in achieving this significant victory.”

LG brought the Delaware action in November 2022 after its customers demanded indemnification following infringement suits filed despite the parties’ license agreement.

In addition to Andy Schwentker, the Fish team on appeal included Principals Christian Chu and Michael McKeon. In the trial court, the Fish team also included Principals Bailey Benedict and Oliver Richards.