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

• Court: Court of Appeals for the Federal Circuit
• Decided: May 18, 2023
• Docket: 23-1269
• Status: Unpublished

Opinion

Case: 23-1269 Document: 21 Page: 1 Filed: 05/18/2023

NOTE: This order is nonprecedential.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 DYK, TARANTO, and STOLL, Circuit Judges. STOLL, Circuit Judge. ORDER 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: 2 Filed: 05/18/2023

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, IT IS ORDERED THAT: (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. FOR THE COURT

May 18, 2023 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court cc: United States District Court for the Southern District of Texas