Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Weekly Digest
Fed. Cir.

In re Carter, No. 26-153 (Fed. Cir. Oct. 23, 2026)

Denied
Court
U.S. Court of Appeals for the Federal Circuit
Case No.
No. 26-153
Decided
October 23, 2026
Judge
Per curiam
Document
Nonprecedential Opinion
Length
2 pages

NOTE: This order is nonprecedential. United States Court of Appeals

for the Federal Circuit

In Re DAITONA CARTER,

Petitioner

2026-153

On Petition for Writ of Mandamus to the United States District Court for the District of Massachusetts in No. 1:26-cv-10304-ADB, Judge Allison Dale Burroughs.

ON PETITION AND MOTION

Before CHEN, LINN, and CUNNINGHAM, Circuit Judges.

O R D E R

Daitona Carter moved to intervene in a patent infringement action, asserting she is the inventor. The district court denied her motion, and she has appealed to this court. Solos Tech. Ltd. v. Meta Platforms, Inc., Appeal No. 2026-1721 (Fed. Cir. Apr. 22, 2026). She has also unsuccessfully attempted to participate in inter partes review proceedings before the Patent Trial and Appeal Board (“PTAB”) related to the patents. She now petitions this court for a writ of mandamus seeking various relief,

22 IN RE CARTER

including a stay of the PTAB proceedings.1 Ms. Carter also moves for leave to proceed in forma pauperis. A petitioner seeking the extraordinary remedy of mandamus must show: (1) “no other adequate means to attain the relief [s]he desires,” (2) a “clear and indisputable” right to relief, and (3) the writ is “appropriate under the circumstances.” Cheney v. U.S. Dist. Ct. for D.C., 542 U.S. 367, 380–81 (2004) (cleaned up). Ms. Carter has not shown entitlement to relief. She may raise her arguments and requests for relief related to the district court action in Appeal No. 2026-1721. She has also not shown a clear and indisputable right to a stay of the PTAB proceedings or that she lacks other adequate means to obtain relief. Accordingly, IT IS ORDERED THAT:

(1) The petition for mandamus is denied. (2) The motion for leave to proceed in forma pauperis is denied.

FOR THE COURT

Figure on page 2 of the opinion

October 23, 2026 Date

Footnotes

  1. ↩ 1 Ms. Carter files a “corrected” petition, ECF No. 6, which supersedes the initial petition, ECF No. 2.

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Cite this opinion

In re Carter, No. 26-153 (Fed. Cir. Oct. 23, 2026).

Record ID
CAFC-26-153-20261023
Permalink
https://patentcasewatch.com/opinions/CAFC-26-153-20261023

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