Wsou Investments LLC, Dba Brazos Licensing and Development v. F5, Inc., Fka F5 Networks, Inc.

N OTE: This order is nonprecedential.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 .
O R D E R
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: 1 Filed: 02/28/2025

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WSOU INVESTMENTS LLC v. F5, INC. 2
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 O RDERED 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.
February 28, 2025
Date
FOR THE COURT
Case: 23-1427 Document: 67 Page: 2 Filed: 02/28/2025

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