Dna Genotek Inc. v. Spectrum Solutions LLC

Opinion

Case: 23-2017 Document: 42 Page: 1 Filed: 06/27/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

DNA GENOTEK INC., Plaintiff-Appellant

v.

SPECTRUM SOLUTIONS LLC, Defendant-Appellee ______________________

2023-2017 ______________________

Appeal from the United States District Court for the Southern District of California in No. 3:21-cv-00516-RSH- DDL, Judge Robert S. Huie. -------------------------------------------------

DNA GENOTEK INC., Appellant

SPECTRUM SOLUTIONS LLC, Appellee ______________________

2024-1840 ______________________ Case: 23-2017 Document: 42 Page: 2 Filed: 06/27/2024

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2022- 01347. ______________________

ON MOTION ______________________

ORDER Spectrum Solutions LLC moves to have Appeal Nos. 2023-2017 and 2024-1840 be treated as companion cases and assigned to the same merits panel, but the par- ties have since filed a joint stipulation of voluntary dismis- sal, with each side to bear its own costs, for Appeal No. 2024-1840. DNA Genotek Inc. notes that in view of joint stipula- tion of voluntary dismissal, “all the claims in [U.S. Patent No. 11,002,646] that Genotek had been asserting in [Ap- peal No. 2023-2017] are unpatentable” such that “the is- sues in [Appeal No. 2023-2017 are] narrowed to those relating to [U.S. Patent No. 10,619,187].” Appeal No. 2023- 2017, ECF No. 41 at 2. Accordingly, IT IS ORDERED THAT: (1) Appeal No. 2024-1840 is dismissed, with each side to bear its own costs as to that appeal. See Fed. R. App. P. 42(b)(1). (2) The motions to companion the appeals are denied as moot. Case: 23-2017 Document: 42 Page: 3 Filed: 06/27/2024

DNA GENOTEK INC. v. SPECTRUM SOLUTIONS LLC 3

(3) The Clerk of Court shall transmit a copy of this or- der to the merits panel assigned to Appeal No. 2023-2017. FOR THE COURT

June 27, 2024 Date

ISSUED AS A MANDATE (for Appeal No. 2024-1840): July 27, 2024