Case: 25-128 Document: 25 Page: 1 Filed: 07/09/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ LITE MACHINES CORP., PAUL E. ARLTON, DAVID J. ARLTON, Plaintiffs-Petitioners v. UNITED STATES, Defendant-Respondent ______________________ 2025-128 ______________________ 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-01411-MBH, Senior Judge Marian Blank Horn. ______________________ ON PETITION ______________________ Before REYNA, MAYER, and CHEN, Circuit Judges.

PER CURIAM.

ORDER Pursuant to 28 U.S.C. § 1292(d)(2), petitioners seek permission to appeal an order of the United States Court of Federal Claims granting in part the United States’s Case: 25-128 Document: 25 Page: 2 Filed: 07/09/2025

2 LITE MACHINES CORP. v. US

motion to dismiss for failure to state a claim. The United States opposes. Petitioners respond.

Under § 1292(d)(2), the Court of Federal Claims may certify that an order that is not otherwise immediately 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 such an in- terlocutory order. See In re Convertible Rowing Exerciser Pat. Litig., 903 F.2d 822, 822 (Fed. Cir. 1990). In this case, we decline to grant permission to appeal under § 1292(d)(2).

Accordingly, IT IS ORDERED THAT: (1) The petition for permission to appeal is denied. (2) ECF No. 3-1, ECF No. 11 and ECF No. 15 are un- sealed.

FOR THE COURT

July 9, 2025 Date