NOTE: This order is nonprecedential.

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HTC CORPORATION AND HTC AMERICA, INC., Plaintiffs·Appellees, v. IPCOM GMBH & CO., KG, Defendant-Appellant.

2012-1358

Appeal from the United States District Court for the District of Columbia in case no. 08-CV-1897, Judge Rose- mary M. Collyer.

ON MOTION

Before LOURIE, SCHALL, and DYK, Circuit Judges.

LOURIE, Circuit Judge. ORDER HTC Corporation and HTC America, Inc. (collectively "HTC") move to dismiss IPCom GmbH & Co., KG's appeal for lack of jurisdiction. IPCom responds. HTC replies. HTCV.IPCOM 2

IPCom concedes that the district court's judgment is not final, and that IPCom's motion for certification of final judgment under Federal Rule of Civil Procedure 54(b) remains pending. IPCom may re-file a notice of appeal within 30 days if the district court grants the Rule 54(b) motion or, if that motion is denied, after entry of final judgment. Accordingly, IT Is ORDERED THAT: (1) The motion is granted. The appeal is dismissed. (2) Each side shall bear its own costs.

FOR THE COURT

AUG 022012 /s/ Jan Horbaly Date Jan Horbaly Clerk cc: Michael A. ObIon, Esq. Mitchell G. Stockwell, Esq. c:ouRf~lf~ FOR U.s.THE FEDERAL CIRCUIT s23 AUG 022012 JAN HOIIBALY Issued as a Mandate: AUG 022012 ctmK