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Cellspin Soft, Inc. v. Fitbit LLC, et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2022-2025, 2022-2028, 2022-2029, 2022-2030, 2022-2032, 2022-2037, 2023-1526


Certiorari denied · May 5, 2025
Pre-decision estimate: 11% cert probability (95% interval 6%–19%)

Before the decision, about 2.6× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition and a Federal Circuit decision below, and down for a business respondent.

Questions presented

28 U.S.C. § 455 outlines the grounds for disqualification of judges and magistrates due to potential biases or conflicts of interest. This Honorable Court has previously highlighted the fact that: “We must first determine whether § 455(a) can be violated based on an appearance of partiality.” Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 858 (1988). This Court has also highlighted the fact that “failure to consider objective standards requiring recusal is not consistent with the imperatives of due process.” Caperton v. A. T. Massey Coal Co., 556 U.S. 868, 886 (2009). This unique case raises three questions under that well-established framework:

  1. Should the merits as to the question of recusal under 28 U.S.C. § 455(a) be decided first, before reaching the merits of any potential abuse of discretion in excluding evidence in the district court?

  2. Is the failure to rule on the merits under § 455(a) a due process violation, especially when the spouse of the district court judge has accepted $700 Million in part from Google (which is a party to ongoing litigation), and has five publicly-announced strategic partnerships with Google?

  3. Should federal judges be allowed to hold investments of $5 Million and as much as a $25 Million in hedge funds under 28 U.S.C. § 455(d)?

Counsel of record

For petitioner
Randall Thomas Garteiser
Garteiser Honea

For respondent
—

Case

Conference history
Distributed for 2 conferences

Linked docket
24M62

Order
Order list, May 5, 2025 · Certiorari denied

Proceedings

  1. May 05 2025
    Petition DENIED.
  2. Apr 16 2025
    DISTRIBUTED for Conference of 5/2/2025.
  3. Mar 03 2025
    Motion (24M62) Granted.
  4. Feb 12 2025
    Motion (24M62) DISTRIBUTED for Conference of 2/28/2025.
  5. Jan 29 2025
    Motion (24M62) of petitioner for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
  6. Jan 29 2025
    Petition for a writ of certiorari filed. (Response due April 3, 2025)