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           NOTE: This order is nonprecedential.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