Case: 23-1427    Document: 67      Page: 1   Filed: 02/28/2025




           NOTE: This order is nonprecedential.


   United States Court of Appeals
       for the Federal Circuit
                  ______________________

      WSOU INVESTMENTS LLC, DBA BRAZOS
        LICENSING AND DEVELOPMENT,
               Plaintiff-Appellant

                              v.

          F5, INC., FKA F5 NETWORKS, INC.,
                    Defendant-Appellee
                 ______________________

                        2023-1427
                  ______________________

    Appeal from the United States District Court for the
 Western District of Washington in No. 2:21-cv-00126-BJR,
 Senior Judge Barbara Jacobs Rothstein.
                  ______________________

                      SUA SPONTE
                  ______________________

 PER CURIAM.

ORDER

      On February 21, 2025, we entered an Order directing
 the parties to address whether there is no appealable judg-
 ment in this case in light of F5’s assertion of invalidity
 counterclaims. ECF No. 64. The parties have responded,
 agreeing that at present there is no appealable judgment
 and reporting that they have jointly requested that the dis-
 trict court dismiss the invalidity counterclaims without
 prejudice. ECF No. 66.
Case: 23-1427     Document: 67     Page: 2     Filed: 02/28/2025




 2                           WSOU INVESTMENTS LLC v. F5, INC.




      Having considered the parties’ joint response, we deem
 the most appropriate course to be to dismiss the appeal so
 that the district court may act on the parties’ joint request
 to enter an order that dismisses outstanding counterclaims
 without prejudice to the counterclaims being reinstated if
 the judgment dated and entered December 13, 2022 (Dis-
 trict Court Docket No. 217) 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 3 p.m. eastern time, March 4, 2025, WSOU
 Investments LLC has filed a notice of appeal from the entry
 of an appealable order entered by the district court and so
 notified this court.
     (2) If the appeal is reinstated, the oral argument sched-
 uled for March 5, 2025, will go forward, and the case will
 be decided by this court based on that oral argument and
 the briefs already filed.
     (3) Each side shall bear its own costs.
     (4) The mandate shall issue forthwith.


                                          FOR THE COURT




 February 28, 2025
      Date