Winet Labs LLC v. Motorola Mobility LLC

• Court: Court of Appeals for the Federal Circuit
• Decided: September 12, 2022
• Docket: 22-1081
• Status: Unpublished

Opinion

Case: 22-1081 Document: 34 Page: 1 Filed: 09/12/2022

NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

WINET LABS LLC, Plaintiff-Appellant

v.

MOTOROLA MOBILITY LLC, Defendant-Appellee ______________________

2022-1081 ______________________

Appeal from the United States District Court for the Northern District of Illinois in No. 1:20-cv-01094, Senior Judge Harry D. Leinenweber. ______________________

Decided: September 12, 2022 ______________________

MATTHEW MICHAEL WAWRZYN, Wawrzyn LLC, Chi- cago, IL, argued for plaintiff-appellant.

STEPHEN MAXWELL HANKINS, Riley Safer Holmes & Cancila LLP, San Francisco, CA, argued for defendant-ap- pellee. Also represented by LOUIS A. KLAPP, MICHAEL HARRINGTON FLECK, Chicago, IL. ______________________

Before DYK, TARANTO, and STOLL, Circuit Judges. Case: 22-1081 Document: 34 Page: 2 Filed: 09/12/2022

PER CURIAM. The district court dismissed this case for lack of stand- ing without specifying whether the dismissal was with or without prejudice. The parties agree that the dismissal must be without prejudice. This court understands the dis- trict court’s dismissal of this case to have been without prejudice. On this basis, we affirm the district court’s de- cision to dismiss this case for lack of standing. Appellant also challenges the district court’s decision to award attorney fees, a decision that is not final and ap- pealable until the award has been quantified. Because the award has not been quantified, we lack jurisdiction. Fa- lana v. Kent State Univ., 669 F.3d 1349, 1360–61 (Fed. Cir. 2012). We therefore dismiss this portion of the appeal. AFFIRMED IN PART, DISMISSED IN PART