Ligado Networks LLC v. United States

N OTE: This order is nonprecedential.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 L OURIE, MAYER, and D YK, Circuit Judges.
D YK, Circuit Judge.
O R D E R
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: 1 Filed: 05/20/2025

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LIGADO NETWORKS LLC v. US 2
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,
I T I S O RDERED T HAT :
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.
May 20, 2025
Date
F OR THE COURT
Case: 25-120 Document: 8 Page: 2 Filed: 05/20/2025

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