Opinion
2023-2017 2024-1840
06-27-2024
DNA GENOTEK INC., Plaintiff-Appellant v. SPECTRUM SOLUTIONS LLC, Defendant-Appellee DNA GENOTEK INC., Appellant v. SPECTRUM SOLUTIONS LLC, Appellee
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.
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 parties have since filed a joint stipulation of voluntary dismissal, with each side to bear its own costs, for Appeal No. 2024-1840.
DNA Genotek Inc. notes that in view of joint stipulation of voluntary dismissal, "all the claims in [U.S. Patent No. 11,002,646] that Genotek had been asserting in [Appeal No. 2023-2017] are unpatentable" such that "the issues in [Appeal No. 2023-2017 are] narrowed to those relating to [U.S. Patent No. 10,619,187]." Appeal No. 20232017, 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. NOTE: This order is nonprecedential.
(3) The Clerk of Court shall transmit a copy of this order to the merits panel assigned to Appeal No. 2023-2017.
ISSUED AS A MANDATE (for Appeal No. 2024-1840): July 27, 2024