Winet Labs LLC v. Motorola Mobility LLC

N OTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
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WINET LABS LLC,
Plaintiff-Appellant
v.
MOTOROLA MOBILITY LLC,
Defendant-Appellee
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2022-1081
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Appeal from the United States District Court for the
Northern District of Illinois in No. 1:20-cv-01094, Senior
Judge Harry D. Leinenweber.
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Decided: September 12, 2022
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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 L OUIS A. K LAPP , MICHAEL
HARRINGTON F LECK, Chicago, IL.
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Before D YK, T ARANTO, and STOLL , Circuit Judges.
Case: 22-1081 Document: 34 Page: 1 Filed: 09/12/2022

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WINET LABS LLC v. MOTOROLA MOBILITY LLC 2
P ER 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
Case: 22-1081 Document: 34 Page: 2 Filed: 09/12/2022

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