Ligado Networks LLC v. United States

Opinion

Case: 25-120 Document: 8 Page: 1 Filed: 05/20/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

LIGADO NETWORKS LLC, Plaintiff-Respondent

v.

UNITED STATES, Defendant-Petitioner ______________________

2025-120 ______________________

On Petition for Permission to Appeal pursuant to 28 U.S.C. Section 1292(d) from the United States Court of Federal Claims in No. 1:23-cv-01797-EJD, Senior Judge Edward J. Damich. ______________________

ON PETITION ______________________

Before LOURIE, MAYER, and DYK, Circuit Judges. DYK, Circuit Judge. ORDER The United States petitions for permission to appeal the order of the United States Court of Federal Claims granting-in-part and denying-in-part its motion to dismiss Ligado Networks LLC’s complaint. Ligado opposes the Case: 25-120 Document: 8 Page: 2 Filed: 05/20/2025

petition and conditionally cross-petitions for permission to appeal. Under 28 U.S.C. § 1292(d)(2), the Court of Federal Claims may certify that an order that is not otherwise ap- pealable is one involving a controlling question of law as to which there is substantial ground for difference of opinion and for which an immediate appeal may materially ad- vance the ultimate termination of the litigation. Ulti- mately, this court must exercise its own discretion in deciding whether to grant permission to appeal an interloc- utory order. See In re Convertible Rowing Exerciser Pat. Litig., 903 F.2d 822, 822 (Fed. Cir. 1990) (applying § 1292(b)). In this case, we conclude that interlocutory re- view is warranted. Accordingly, IT IS ORDERED THAT: The government’s petition for permission to appeal is granted and is transferred to the regular docket. The cross- petition is denied. The United States’s opening brief will be due within 60 days from the date of that docketing. FOR THE COURT

May 20, 2025 Date