TNS Media Research v. TiVo is a nonprecedential case decided on September 16, 2015 on appeal from the Southern District of New York. There, after plaintiff TNS filed suit against defendant TiVo seeking a declaratory judgment of noninfringement, TiVo counterclaimed for infringement of the patent. The district court granted TNS’s motion as to noninfringement and its motion for attorney fees, finding that TiVo acted in an “exceptional manner throughout” the litigation. In the substantive appeal decided in a separate opinion, the Federal Circuit vacated the noninfringement decision. TiVo appealed the attorney fees grant.
The Federal Circuit vacated the attorney fees determination.
“A decision awarding attorney fees to a prevailing party must be vacated when the underlying decision as to which that party prevailed is reversed.” Because the district court’s attorney fee grant was based on the now-vacated noninfringement decision, the Federal Circuit vacated the grant of attorney fees as premature.
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TNS Media Research, LLC v. Tivo Research & Analytics, Inc., 616 F. App’x 421 (Fed. Cir. 2015)