Xmtt, Inc. v. Intel Corporation

N OTE: This order is nonprecedential.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
______________________
P ER CURIAM .
O R D E R
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: 1 Filed: 11/21/2024

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XMTT, INC. v. INTEL CORPORATION 2
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,
I T I S O RDERED T HAT :
(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.
November 21, 2024
Date
F OR THE COURT
Case: 23-1712 Document: 47 Page: 2 Filed: 11/21/2024

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