HTC V. IPCOM , No. 12-1358 (Fed. Cir. 2012)

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NOTE: This order is nonprecedential. mntteb ~tate5 ~ourt of ~peaI5 for tbe jfeberaI ~trtutt HTC CORPORATION AND HTC AMERICA, INC., Plaintiffs·Appellees, v. IPCOM GMBH & CO., KG, Defendant-Appellant. 2012-1358 Appeal from the United States District Court for the District of Columbia in case no. 08-CV-1897, Judge Rosemary M. Collyer. ON MOTION Before LOURIE, SCHALL, and DYK, Circuit Judges. LOURIE, Circuit Judge. ORDER HTC Corporation and HTC America, Inc. (collectively "HTC") move to dismiss IPCom GmbH & Co., KG's appeal for lack of jurisdiction. IPCom responds. HTC replies. 2 HTCV.IPCOM IPCom concedes that the district court's judgment is not final, and that IPCom's motion for certification of final judgment under Federal Rule of Civil Procedure 54(b) remains pending. IPCom may re-file a notice of appeal within 30 days if the district court grants the Rule 54(b) motion or, if that motion is denied, after entry of final judgment. Accordingly, IT Is ORDERED THAT: (1) The motion is granted. The appeal is dismissed. (2) Each side shall bear its own costs. FOR THE COURT AUG 022012 /s/ Jan Horbaly Jan Horbaly Clerk Date cc: Michael A. ObIon, Esq. Mitchell G. Stockwell, Esq. s23 Issued as a Mandate: c:ouRf~lf~ FOR U.s.THE FEDERAL CIRCUIT AUG 022012 AUG 022012 JAN HOIIBALY ctmK

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