Case: 20-137   Document: 26     Page: 1   Filed: 09/29/2020




          NOTE: This order is nonprecedential.


   United States Court of Appeals
       for the Federal Circuit
                ______________________

               HEALTHESTATE, LLC,
                 Plaintiff-Respondent

                           v.

                  UNITED STATES,
                     Defendant

               ASM RESEARCH, LLC,
                 Defendant-Petitioner
                ______________________

                       2020-137
                ______________________

   On Petition for Permission to Appeal pursuant to 28
U.S.C. Section 1292(d)(2) from the United States Court of
Federal Claims in No. 1:18-cv-00034-DAT, Judge David A.
Tapp.
                 ______________________

                    ON PETITION
                ______________________

  Before NEWMAN, LOURIE, and HUGHES, Circuit Judges.
PER CURIAM.
                       ORDER
Case: 20-137      Document: 26    Page: 2    Filed: 09/29/2020




2                                    HEALTHESTATE, LLC   v. US



    ASM Research, LLC petitions for permission to appeal
pursuant to 28 U.S.C. § 1292(d)(2) from the interlocutory
order denying its motion to dismiss certified by the Unit-
ed States Court of Federal Claims. HEALTHeSTATE,
LLC (“HeS”) opposes the petition. The United States
submits a brief amicus curiae in response to this court’s
August 10, 2020 order. ASM moves for leave to file a
reply in support of its petition and a response to the
United States’ brief, each of which HeS opposes.
    Under the express language of § 1292(d)(2), this court
has “discretion” whether to “permit an appeal” under the
provision. See Digit. Equip. Corp. v. Desktop Direct, Inc.,

, 883 n.9 (1994) (noting “broad” discretion
under the similar provision of 28 U.S.C. § 1292(b) for
interlocutory appeals from United States district courts).
Having considered the matter, we decline to permit
interlocutory review here.
      Accordingly,
      IT IS ORDERED THAT:
      (1) The petition for permission to appeal is denied.
   (2) The motion for leave to file a reply is granted.
The reply, ECF No. 18-2, is accepted for filing.
    (3) The motion for leave to file a response to the
United States’ brief is granted. The response, ECF No.
25-2, is accepted for filing.
                                 FOR THE COURT

      September 29, 2020         /s/ Peter R. Marksteiner
            Date                 Peter R. Marksteiner
                                 Clerk of Court
s35