On24, Inc. v. Webinar.net, Inc.

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ON24, INC.,
Plaintiff-Petitioner
v.
WEBINAR.NET, INC.,
Defendant-Respondent
______________________
2024-118
______________________
On Petition for Permission to Appeal pursuant to 28
U.S.C. Section 1292(b) from the United States District
Court for the Northern District of California in No. 3:21-
CV-07721-EMC, Judge Edward M. Chen.
______________________
ON PETITION
______________________
Before CHEN, L INN, and HUGHES , Circuit Judges.
L INN, Circuit Judge.
O R D E R
ON24, Inc. petitions for permission to appeal an inter-
locutory order of the United States District Court for the
Northern District of California granting partial summary
Case: 24-118 Document: 11 Page: 1 Filed: 05/03/2024

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ON24, INC. v. WEBINAR.NET, INC. 2
judgment, which the district court certified pursuant to 28
U.S.C. § 1292(b).
Under § 1292(b), a district court may certify that an or-
der that is not otherwise appealable is one involving a con-
trolling question of law as to which there is substantial
ground for difference of opinion and for which an immedi-
ate appeal may materially advance the ultimate termina-
tion of the litigation. Ultimately, this court must exercise
its own discretion in deciding whether to grant permission
to appeal an interlocutory order. See In re Convertible
Rowing Exerciser Pat. Litig., 903 F.2d 822, 822 (Fed. Cir.
1990). In this case, we conclude that an interlocutory ap-
peal under § 1292(b) is not appropriate.
Accordingly,
I T I S O RDERED T HAT :
The petition for permission to appeal is denied.
May 3, 2024
Date
F OR THE COURT
Case: 24-118 Document: 11 Page: 2 Filed: 05/03/2024

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