Digest of TNS Media Research, LLC v. Tivo Research & Analytics, Inc., No. 2015-1252 (Fed. Cir. Sept. 16, 2015) (non-precedential). On appeal from S.D.N.Y. Before Newman, Clevenger, and O’Malley.

Procedural Posture: Tivo Research & Analytics, Inc. (“TRA”), the declaratory judgment defendant-counterclaimant and patent owner, appealed the district court’s final decision granting attorneys’ fees to plaintiff. The CAFC vacated the district court’s award.

  • Attorneys’ Fees: A decision awarding attorney fees to a prevailing party must be vacated when the underlying decision as to which party prevailed is reversed. Because the CAFC concurrently reversed in part and vacated in part the underlying merits decision in TNS Media Research, LLC v. Tivo Research & Analytics, Inc., No. 14-1668, it vacated the district court’s decision awarding attorneys’ fees as premature.