Dna Genotek Inc. v. Spectrum Solutions LLC

NOTE: This order is nonprecedential.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: 1 Filed: 06/27/2024

-- 1 of 3 --

DNA GENOTEK INC. v. SPECTRUM SOLUTIONS LLC 2
Appeal from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in No. IPR2022-
01347.
______________________
ON MOTION
______________________
O R D E R
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: 2 Filed: 06/27/2024

-- 2 of 3 --

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.
June 27, 2024
Date
FOR THE COURT
ISSUED AS A MANDATE (for Appeal No. 2024-1840): July
27, 2024
Case: 23-2017 Document: 42 Page: 3 Filed: 06/27/2024

-- 3 of 3 --