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Published opinion

Before SCHALL, PLAGER, and MOORE, Circuit Judges.

Kara Technology (Kara) appeals from the final judgment of the United States District Court for the Central District of California, following a jury trial, that Stamps.com did not infringe various claims of U.S. Patent Nos. 6,505,179 (the ’179 patent) and 6,735,575 (the ’575 patent) with its Pre-Version 5 (Pre-V5) or Versions 5 and later (V5) products. Kara also appeals from the district court’s grant of summary judgment in favor of Stamps.com on its breach of contract claim. The court ruled, as a matter of law, that Stamps.com did not breach its nondisclosure agreement (NDA) with Kara. For its part, Stamps.com cross appeals the determination of the district court that it was not a prevailing party in the litigation, and that it thus was not entitled to costs under 28 U.S.C. § 1920 or attorney’s fees under the NDA. For the following reasons, we vacate-in-part, reverse-in-part, and remand.

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