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Biotronik, Inc. v. United States ex rel. Sam Jones Company, LLC

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-55361 · judgment September 10, 2025


Certiorari denied · May 18, 2026
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The public disclosure bar of the False Claims Act precludes qui tam suits whose allegations are substantially the same as allegations or transactions that already have been publicly disclosed. The issue presented is whether a qui tam suit is barred when public disclosures provide enough information for the government to investigate the alleged fraud without the relator’s assistance.

Counsel of record

For petitioner
Steven Douglas Gordon
Holland & Knight

For respondent

Case

Conference history
Distributed for 1 conference

Linked docket
25A866

Proceedings

  1. May 18 2026
    Petition DENIED.
  2. Apr 22 2026
    DISTRIBUTED for Conference of 5/14/2026.
  3. Mar 04 2026
    Petition for a writ of certiorari filed. (Response due April 6, 2026)
  4. Feb 02 2026
    Application (25A866) granted by Justice Kagan extending the time to file until March 4, 2026.
  5. Jan 23 2026
    Application (25A866) to extend the time to file a petition for a writ of certiorari from February 2, 2026 to March 4, 2026, submitted to Justice Kagan.