Imperium v. Samsung is a nonprecedential case decided on January 31, 2019 on appeal from the Eastern District of Texas. After a jury verdict against defendant Samsung, the district court concluded that plaintiff Imperium was entitled to attorney fees as a prevailing party. Samsung appealed.
The Federal Circuit reversed the attorney fees finding.
Under § 285, a party may not be awarded fees unless it is “the prevailing party.” The district court found the “prevailing party” requirement met because Imperium was successful in proving Samsung infringed certain asserted claims. But in a related opinion, the Federal Circuit reversed the judgment of liability. Accordingly, Imperium was no longer the prevailing party.
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Imperium IP Holdings (Cayman), Ltd. v. Samsung Elecs. Co., 749 F. App’x 989 (Fed. Cir. 2019)