Federal Appellate Court’s Precedent-Setting Ruling for VIZIO Strengthens Protections to Seek Fee Compensation in Patent Disputes

Reversal Marks the 18th Notable VIZIO Victory Against Abusive Patent Assertions

Irvine, CA – April 15, 2015 VIZIO, Inc. announces its latest victory in its current string of successes in patent troll cases.  In a precedential opinion written by Judge Moore, the Federal Circuit vacated and remanded the district court's decision denying VIZIO attorneys’ fees as an abuse of discretion, and with clear guidance to reconsider in light of recent Supreme Court rulings because increased attorneys’ fees were caused by Oplus Technologies’ misconduct in patent litigation against VIZIO. 

“The Federal Circuit’s recent guidance regarding VIZIO’s proper request to recover its attorneys’ fees sets a precedent for meritless patent assertions and we are grateful that the Federal Circuit is recognizing this serious problem.  The opinion is further vindication regarding the frivolous and abusive nature of this case,” said Jerry C. Huang, VIZIO Vice President and General Counsel.   

“I am extremely proud of VIZIO’s strong stance on abusive patent litigation, and we will continue to both vigorously defend ourselves and seek compensation for attorneys’ fees caused by meritless lawsuits,” said Rob Brinkman, VIZIO Chief Administrative Officer. “Standing up against patent trolls and their enablers is not only the right thing to do, but it is also an unwavering commitment by VIZIO to continue creating value for the American public by fighting against the ‘troll tax’,” stated Mr. Brinkman.

The VIZIO decision by the Federal Circuit confirms that the Supreme Court considerably lowered the standard for awarding fees in its Octane Fitness, LLC v. ICON Health & Fitness, Inc. decision.  While this latest appellate decision is welcome relief, it underscores the critical need for real, meaningful reforms; out of close to 20 VIZIO victories over patent trolls, this is the first case where fee shifting is closer to becoming a reality.  “VIZIO shall continue to stand firmly against the abuse of the patent and judicial systems, and it is this abusive behavior that defines a patent troll,” stated Mr. Huang.  “We shall continue to diligently call upon the judiciary to hold trolls and enablers accountable and strongly urge the U.S. House and Senate to take substantive measures to restore a fair and balanced playing field to protect the integrity of the patent system,” said Mr. Huang.

The Federal Circuit decision marks the eighteenth notable VIZIO victory against patent assertion entities; the wins are listed below in alphabetical order:

  • Advanced Display Tech. (E.D. Tex.) – Dismissal with prejudice and $0 to plaintiff.
  • Bluestone Innovations (N.D. Cal.) – Pending dismissal with prejudice for $0 to plaintiff.
  • Cyberfone Systems (D. Del.) – Dismissal with prejudice and $0 to plaintiff.
  • E-Contact Techs. (E.D. Tex.) – Dismissal with prejudice for $0 and plaintiff to pay costs.
  • Freeny (E.D. Tex.) – Dismissal with prejudice and $0 to plaintiff.
  • Lochner Techs. (C.D. Cal.) – Dismissal with prejudice and $0 to plaintiff.
  • Man Machine Interface Techs. (C.D. Cal.) - Dismissal with prejudice.
  • Nazomi Commc'ns (I) (N.D. Cal.) – Won summary judgment of non-infringement, upheld on appeal.
  • Nazomi Commc'ns (II) (N.D. Cal.) – Won summary judgment of non-infringement, upheld on appeal.
  • NPE case – Dismissal with prejudice and $0 to plaintiff.
  • Olivistar (E.D. Tex.) – Dismissal with prejudice and $0 to plaintiff.
  • Oplus Techs. (C.D. Cal.) – Won summary judgment of invalidity and non-infringement.
  • Oplus Techs. (Fed. Circ.) – Won appeal that vacated and remanded lower court decision of denial of fees.
  • Orinda Intellectual Prop. USA (N.D. Cal.) – All patent claims canceled in reexamination and $0 to plaintiff.
  • Patent Harbor (E.D. Tex.) – Won claim construction dispositive of non-infringement, stipulated judgment of non-infringement upheld on appeal.
  • Penovia (E.D. Tex.) – Dismissal with prejudice and $0 to plaintiff.
  • Pragmatus Telecom (D. Del.) – Dismissal with prejudice and $0 to plaintiff.
  • Walker Digital (ITC and D. Del.) – Withdrawal of ITC complaint by Walker Digital on the eve of the ITC hearing and dismissal with prejudice in district court for $0.



VIZIO, Inc. is headquartered in Irvine, California. VIZIO skyrocketed to the #1 shipper of LCD television in North America in Q2 2007 1 , within five years from their first shipment, and has been in the top 3 ever since 2 . VIZIO is now also America’s #1 Smart TV company 3 and large size LCD TV company 4 . VIZIO is also the #1 Sound Bar Brand in the U.S. 5 For over a decade, VIZIO has remained committed to what it does best -- focus on the consumer to deliver visionary products at a great value. The brand is consistently recognized for excellence in customer service, and was awarded 40 Stevie Awards, including the Grand Stevie Award in the 9 th Annual Stevie Awards for Sales & Customer Service. VIZIO's products are found at Amazon, Best Buy, BJ’s Wholesale, Costco Wholesale, Sam's Club, Target, Walmart and other retailers in North America. VIZIO has won numerous awards including Reviewed.com’s 2014 Best of the Year Value 4K TV, Best of the Year Mid-Range LCD and CES Editor’s Choice, “Best of CES 2014” by IGN, “Best of CES 2014” by PC Magazine and “Best of the Best 2014” by UltraHDTV Magazine for its Reference Series Ultra HD Full-Array LED Smart TV.  VIZIO’s P-Series Ultra HD Full-Array LED Smart TV was also recognized by The Verge as “Best TV of CES” for 2014 as well as awarded “Best of CES” by Complex and “Best of Show” by Wired for 2014. VIZIO also earned #1 ranking in the Inc. 500 for Top Companies in Computers and Electronics and made the lists of Ad Age's Hottest Brands, CNET's Editor's Choice, CNET Best of CES 2011 - Television, CNET Best of CES 2013 – Home Theater and Audio, CNET’s Best Tech Products 2014 Television, Sound & Vision’s Top Picks, Sound & Vision 2014 Best Top Picks of the Year Sound Bars and Televisions, Good Housekeeping's Best Big-Screens, PC World's Best Buy and Popular Mechanics Editor's Choice among many other prestigious honors.  For more information, please call 888-VIZIOCE or visit www.VIZIO.com .


1 NPD IHS Global TV Shipment and Forecast Report, North America LCD Shipments Q2 2007

2 NPD IHS Global TV Shipment and Forecast Report, North America LCD Shipments, Annual 2007-2014

3 The NPD Group / Weekly Tracking Service, Flat Panel TV units with Apps included, Dec 30 2012 – May 24 2014

4 The NPD Group / Retail Tracking Service, 60” and greater LCD units sold, Jan 2013 – Mar 2014

5 The NPD Group / Retail Tracking Service, units sold in the U.S., Jan 2011 – Feb 2015


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