Case: 22-1755    Document: 59     Page: 1   Filed: 07/16/2024




           NOTE: This order is nonprecedential.


   United States Court of Appeals
       for the Federal Circuit
                  ______________________

                 PARKERVISION, INC.,
                   Plaintiff-Appellant

                             v.

    QUALCOMM INCORPORATED, QUALCOMM
              ATHEROS, INC.,
             Defendants-Appellees
            ______________________

                        2022-1755
                  ______________________

    Appeal from the United States District Court for the
 Middle District of Florida in No. 6:14-cv-00687-PGB-LHP,
 Judge Paul G. Byron.
                  ______________________

                      SUA SPONTE
                  ______________________

    Before LOURIE, MAYER, and STARK, Circuit Judges.

 PER CURIAM.

ORDER

      On June 27, 2024, we entered an Order requesting sup-
 plemental briefing on whether there is an appealable judg-
 ment in this case. ECF No. 57. On July 8, 2024, the parties
 filed a joint response, in which they contended there is a
 final judgment, but if we find otherwise we should dismiss
Case: 22-1755     Document: 59      Page: 2     Filed: 07/16/2024




 2              PARKERVISION, INC. v. QUALCOMM INCORPORATED



 the appeal subject to reinstatement as outlined in the June
 27 Order. ECF No. 58.
      Having considered the parties’ joint response, we de-
 termine that there is no final judgment. We are not per-
 suaded that the district court’s grant of Qualcomm’s
 motion for summary judgment of non-infringement also
 “effectively” dismissed Qualcomm’s pending counterclaims
 for invalidity. Because Qualcomm’s counterclaims for in-
 validity remain unadjudicated, there is no final judgment
 and we lack jurisdiction over ParkerVision’s appeal. See
 Nystrom v. TREX Co., 

 (Fed. Cir. 2003)
 (“If a case is not fully adjudicated as to all claims for all
 parties . . . there is no ‘final decision’ under 

(a)(1) and therefore no jurisdiction.”).
     Accordingly,
     IT IS ORDERED THAT:
      (1) This appeal is dismissed for lack of jurisdiction, sub-
 ject to reinstatement under the same docket number with-
 out the payment of an additional filing fee if, by no later
 than August 15, 2024, ParkerVision appeals from the entry
 of an appealable order.
     (2) If the appeal is reinstated, it will be decided by the
 present panel, based on the briefs already filed and the oral
 argument heard on November 6, 2023.
     (3) Each side shall bear its own costs.
     (4) The mandate shall issue forthwith.


                                                 FOR THE COURT




 July 16, 2024
    Date