U.S. Court of Appeals for the Federal Circuit, 2022

Winet Labs LLC v. Motorola Mobility LLC

Winet Labs LLC v. Motorola Mobility LLC
U.S. Court of Appeals for the Federal Circuit · Decided September 12, 2022

Winet Labs LLC v. Motorola Mobility LLC

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NOTE: This disposition is nonprecedential.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

2 WINET LABS LLC v. MOTOROLA MOBILITY LLC

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

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