Xmtt, Inc. v. Intel Corporation

Case: 23-1712 Document: 47 Page: 1 Filed: 11/21/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

______________________ XMTT, INC., Plaintiff-Appellant v.

INTEL CORPORATION,

Defendant-Appellee ______________________ 2023-1712 ______________________

Appeal from the United States District Court for the District of Delaware in No. 1:18-cv-01810-MFK, Judge Matthew F. Kennelly.

______________________ SUA SPONTE ______________________

PER CURIAM.

ORDER

On November 13, 2024, we entered an Order directing the parties to address whether there is an appealable judg- ment in this case. ECF No. 45. The parties have re- sponded. ECF No. 46.

Having considered the parties’ joint response, we deem the most appropriate course to be to dismiss the appeal to allow the district court to enter an order that dismisses Case: 23-1712 Document: 47 Page: 2 Filed: 11/21/2024 2 XMTT, INC. v. INTEL CORPORATION outstanding counterclaims without prejudice to reinstate- ment if the judgment dated and entered February 22, 2023 (District Court Docket No. 398) is disturbed on appeal.

Accordingly, IT IS ORDERED THAT: (1) This appeal is dismissed for lack of jurisdiction, but this court will reinstate the appeal under the same docket number without the payment of an additional filing fee if, no later than November 25, 2024, XMTT appeals from the entry of an appealable order entered by the district court.

(2) If the appeal is reinstated, it will be decided by this court based on the briefs already filed and the oral argu- ment scheduled for December 3, 2024.

(3) Each side shall bear its own costs. (4) The mandate shall issue forthwith.

FOR THE COURT November 21, 2024

Date