Winet Labs LLC v. Motorola Mobility LLC ( 2022 )


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  • 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    NOTE: This disposition is nonprecedential.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
    

Document Info

Docket Number: 22-1081

Filed Date: 9/12/2022

Precedential Status: Non-Precedential

Modified Date: 9/12/2022