Stylwan Ip Holding, LLC, Stylwan, Inc., Stylwan Iit, LLC v. Stress Engineering Services, Inc.

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
STYLWAN IP HOLDING, LLC, STYLWAN, INC.,
STYLWAN IIT, LLC,
Plaintiffs-Appellants
v.
STRESS ENGINEERING SERVICES, INC.,
Defendant-Cross-Appellant
______________________
2023-1269, 2023-1271
______________________
Appeals from the United States District Court for the
Southern District of Texas in No. 4:20-cv-03297, Judge
Keith P. Ellison.
______________________
Before D YK, T ARANTO, and STOLL , Circuit Judges.
STOLL , Circuit Judge.
O R D E R
In response to the court’s order to show cause in light
of Stress Engineering Services, Inc.’s pending counter-
claims, Stylwan Ip Holding, LLC; Stylwan, Inc.; and
Stylwan IIT, LLC request dismissal of this appeal for lack
of jurisdiction. ECF No. 20 at 4.
We agree the court currently lacks jurisdiction because
of the absence of a final judgment, see Pandrol USA, LP v.
Case: 23-1269 Document: 21 Page: 1 Filed: 05/18/2023

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STYLWAN IP HOLDING, LLC v.
STRESS ENGINEERING SERVICES, INC.
2
Airboss Ry. Prods., Inc., 320 F.3d 1354, 1362 (Fed. Cir.
2003); Pause Tech. LLC v. TiVo Inc., 401 F.3d 1290, 1293
(Fed. Cir. 2005), and dismiss for lack of jurisdiction, subject
to reinstatement under the same docket number(s) without
the payment of an additional filing fee if, within 60 days of
this order, either party appeals from the entry of a final
judgment or obtains a certification for appeal pursuant to
Rule 54(b) of the Federal Rules of Civil Procedure.
Accordingly,
I T I S O RDERED T HAT :
(1) The appeals are dismissed for lack of jurisdiction,
subject to reinstatement under the same docket number(s)
without the payment of an additional filing fee if, within 60
days of this order, either party appeals from the entry of a
final judgment or obtains a certification for appeal pursu-
ant to Rule 54(b) of the Federal Rules of Civil Procedure.
(2) Each side shall bear its own costs.
May 18, 2023
Date
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
cc: United States District Court for the Southern District
of Texas
Case: 23-1269 Document: 21 Page: 2 Filed: 05/18/2023

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