Health Discovery Corporation v. Intel Corporation

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
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HEALTH DISCOVERY CORPORATION,
Plaintiff-Appellant
v.
INTEL CORPORATION,
Defendant-Appellee
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2022-1446
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Appeal from the United States District Court for the
Western District of Texas in No. 6:20-cv-00666-ADA, Judge
Alan D. Albright.
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ON MOTION
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Before L OURIE, T ARANTO, and HUGHES , Circuit Judges.
P ER CURIAM .
O R D E R
Health Discovery Corporation (HDC) moves pursuant
to Rule 42(b) of the Federal Rules of Appellate Procedure
to dismiss this appeal and “requests an accompanying re-
mand order.” Mot. at 2. HDC states that Intel Corporation
consents to dismissal but does not consent to remand.
Case: 22-1446 Document: 11 Page: 1 Filed: 05/26/2022

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HEALTH DISCOVERY CORPORATION v. INTEL CORPORATION 2
HDC appealed from the district court’s decision dis-
missing HDC’s complaint without prejudice after conclud-
ing that HDC failed to plead allegations supporting the
eligibility of the asserted claims under 35 U.S.C. § 101.
HDC states that it has now “commenced a new civil action
in the same court, adding pleading allegations that [HDC]
believes overcomes the dismissal rationale” and “no longer
wishes to pursue its appeal of the original dismissal with-
out prejudice.” Mot. at 2. HDC, however, requests remand
to “provide the district court the maximum ability to deter-
mine whether the newly-filed civil action should proceed
under the case number of the present original matter, or
the case number of the new pleading.” Id. at 3.
Upon consideration thereof,
I T I S O RDERED T HAT :
(1) The motion is granted to the extent that the appeal
is remanded for the limited purpose of allowing the district
court to consider any request by HDC to allow its new ac-
tion to proceed under the originating case number and to
move forward based on the ruling on any such request.
(2) Each side shall bear its own costs.
May 26, 2022
Date
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
ISSUED AS A MANDATE: May 26, 2022
Case: 22-1446 Document: 11 Page: 2 Filed: 05/26/2022

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