Dna Genotek Inc. v. Spectrum Solutions LLC

U.S. Court of Appeals for the Federal Circuit

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           NOTE: This order is nonprecedential.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

                             v.

             SPECTRUM SOLUTIONS LLC,
                       Appellee
                ______________________

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




 2              DNA GENOTEK INC. v. SPECTRUM SOLUTIONS LLC




     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


Reference

Status
Unpublished