This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Northern District of Illinois. In its opinion, the Federal Circuit affirmed in part the district court’s decision to dismiss the case for lack of standing and dismissed in part the portion of the appeal regarding attorney fees. Here is text from the opinion.
Winet Labs LLC v. Motorola Mobility LLC (Nonprecedential)
The district court dismissed this case for lack of standing without specifying whether the dismissal was with or without prejudice. The parties agree that the dismissal must be without prejudice. This court understands the district court’s dismissal of this case to have been without prejudice. On this basis, we affirm the district court’s decision 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 appealable until the award has been quantified. Because the award has not been quantified, we lack jurisdiction. Falana v. Kent State Univ., 669 F.3d 1349, 1360–61 (Fed. Cir. 2012). We therefore dismiss this portion of the appeal.