ALEXSAM INC v. HEALTHEQUITY INC (2020)

United States Court of Appeals, Federal Circuit.

ALEXSAM, INC., Plaintiff-Respondent v. HEALTHEQUITY, INC., Defendant-Petitioner

2020-146

Decided: October 14, 2020

Before Reyna, Wallach, and Chen, Circuit Judges. Steven Whitefield Ritcheson, Insight, Chatsworth, CA, Jacqueline Knapp Burt, Heninger Garrison Davis, LLC, Atlanta, GA, for Plaintiff-Respondent Ricardo Bonilla, Attorney, Neil J. McNabnay, Principal Litigation Counsel, Fish & Richardson PC, Dallas, TX, Christopher B. Hadley, Attorney, Holland & Hart LLP, Salt Lake City, UT, for Defendant-Petitioner

ON PETITION

ORDER

HealthEquity, Inc. petitions for permission to appeal from an interlocutory order of the United States District Court for the District of Utah denying its motion to dismiss, which the district court certified pursuant to 28 U.S.C. § 1292(b). AlexSam, Inc. opposes the petition.

Under § 1292(b), a district court may certify that an order that is not otherwise appealable 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 advance the ultimate termination 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 we should not permit an interlocutory appeal.

Accordingly,

It Is Ordered That:

The petition for permission to appeal is denied.

Reyna, Circuit Judge.