Solos Technology Ltd. v. Meta Platforms, Inc. — Entry #47: MOTION of Appellant Daitona Carter to correct or supplement, to expedite., to modify the official caption, for an emergency stay pending appeal under Rule 8/18

Case: 26-1721     Document: 47      Page: 1    Filed: 09/21/2026


                                        26-1721

                    UNITED STATES COURT OF APPEALS
                        FOR THE FEDERAL CIRCUIT


                          SOLOS TECHNOLOGY LIMITED,
                                               Plaintiff-Appellee

                                               v.

             META PLATFORMS, INC.,META PLATFORMS
             TECHNOLOGIES, LLC, OAKLEY, INC.,LUXOTTICA OF
             AMERICA, INC., ESSILORLUXOTTICA, USA, LLC,

                                                                   Defendants

                                 DAITONA CARTER,
                                                            Movant-Appellant


       Appeal from the United States District Court for the Masschusetts in
               No. 1:26cv–1034–ADB, Judge Allison D. Burroughs.


 DAITONA CARTER’S EMERGENCY MOTION FOR CORRECTION OF
     STRUCTURAL DOCKETING ERRORS, EXPEDITED PANEL
   ASSIGNMENT, SHOW CAUSE ORDER ON DOCUMENT 19, AND
            IMMEDIATE PRESERVATION ORDER


      DAITONA CARTER, movant-appellant, respectfully moves this Court

under Federal Rule of Appellate Procedure 27 and Federal Circuit Rule 27 for an

emergency order correcting a series of cumulative, compounding clerk-level

administrative failures. Absent immediate intervention, these errors will

structurally insulate the true parties in interest, divest this Court of an enforceable


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remedy, and permanently destroy the underlying financial audit trail required to

trace the disputed commercialization proceeds.


I. STATEMENT OF THE CUMULATIVE FAILURES
      The Clerk’s Office has committed five distinct, severe administrative

omissions in this appeal. While individual clerical errors are routinely corrected

sua sponte, their cumulative effect operates as a systemic breakdown of the

appellate process, resulting in an ongoing deprivation of due process under the

Fifth Amendment.


Failure 1 — Non-Processing of Appellees to the Record
      The five named defendants—the actual entities commercializing the

proprietary technology at issue—have not been formally processed as parties to

this appeal. No appearances have been entered on the consolidated appellate

ledger, and no service pathways have been validated. They remain complete

strangers to the active appellate record.


Failure 2 — Facial Caption Non-Compliance (Fed. Cir. R. 12(b)(2))
      The named defendants remain listed under their lower-court designation of

"Defendant" rather than the mandatory appellate designation of "Appellee." Under

Federal Circuit Rule 12(b)(2) "Rules of Practice," any party with an adverse

interest who is not a cross-appellant must be deemed an appellee. This is an issue


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of explicit jurisdictional and remedial consequence: non-parties are not bound by

this Court's eventual mandates.


Failure 3 — De-escalated Docketing of Emergency Mandamus (No. 26-153)
      On August 18, 2026, Movant filed an explicit Emergency Petition for Writ

of Mandamus. The Clerk’s Office erroneously designated the case as a routine,

non-expedited "Miscellaneous Case," omitting the emergency flag, stripping out

expedited processing protocols, and withholding panel assignment. Despite the

explicit filing of a Notice of Correction (Doc. 3) and a refiled petition (Doc. 6) on

August 24, 2026, the emergency designation has been ignored for 34 days.


Failure 4 — 129-Day Administrative Inaction on Constructive Trust (Doc. 19)
      On May 15, 2026, Movant moved for a Constructive Trust and Escrow

Framework (Doc. 19) to sequester technology-derived revenue streams. The clerk's

electronic infrastructure omitted the mandatory docket number, verification header,

and official entry date, leaving the document improperly indexed. This back-end

processing failure is explicitly verified by the system's conflicting metadata

behavior: the live web browser tab exposes the original local laptop filename

("INJ.pdf"), yet the document generates a standardized court filename only upon

localized download. Concurrently, the companion Omnibus filing (ECF 19) was

subjected to systemic editorial corruption, including the unauthorized insertion of


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an anomalous character ("52") into the plaintiff's corporate nomenclature and

structural formatting anomalies specifically designed to defeat automated federal

judicial indexing. Furthermore, this interim equitable request has sat unreviewed,

unassigned, and completely undisposed of for 129 days, presenting an existential

threat to asset preservation. Consequently, the administration of these distinct

equitable remedies has been hopelessly entangled, necessitating that the

constructive trust and escrow matter be formally severed from the corrupted

omnibus filing and maintained as a standalone, independent record.


Failure 5 — Total Omission of Parallel PTAB IPR Notice (Doc. 34)
      On July 20, 2026, Movant formally filed a Notice of Related Case

Information (Doc. 34) detailing active, parallel Inter Partes Review (IPR)

proceedings before the Patent Trial and Appeal Board (PTAB). The Clerk's Office

has failed to route this notice for case sequencing or active management. The

administrative obscurity has been weaponized by opposing counsel and corporate

affiliates in parallel proceedings before the Patent Trial and Appeal Board

(IPR2026-00376, IPR2026-00412, IPR2026-00413, IPR2026-00420). By

exploiting the caption and absence of a verified docket stamp on the May 15

constructive trust filing, Appellees and co-conspirators have certified "No Related

Matters" and "No Real Parties in Interest," perpetrating a direct fraud upon

administrative tribunals while active equitable res claims remain jurisdictionally


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anchored before this Court. Under Hazel-Atlas Glass Co. v. Hartford-Empire Co.,

administrative concealment that compromises the integrity of the judicial record

warrants immediate, unsparing correction.Consequently, the PTAB may issue a

final written decision while this appeal is pending, unconstitutionally mooting or

complicating the statutory inventorship claims asserted under 35 U.S.C. § 256.


II. THE COMPREHENSIVE DUE PROCESS VIOLATION
      A single typographical error can be cured without consequence. The

administrative anomalies here, however, have crossed the threshold into structural

error. They operate in tandem to strip Movant of an effective, enforceable remedy,

violating the bedrock constitutional guarantees articulated in Mullane v. Central

Hanover Bank & Trust Co., 339 U.S. 306, 312–13 (1950) and Board of Regents v.

Roth, 408 U.S. 564, 572–73 (1972).


         o Clerk Error: No Appellees Listed ── Court Mandate Insulated from

             True Commercializing Parties

         o Clerk Error: Mandamus/PTAB Paused ── PTAB IPR Petitions

             acceptance continue and are not reviewed despite USPTO Director

             petition misrerouted to PTAB panel. Nor are is the notice and

             petitions heard or stayed, which can moot 35 U.S.C. § 256 Claims


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         o Clerk Error: Trust Motion Stalled ── Stephen Feinberg Reforms

             Eradicate Forensic Audit Trail at the Department of Defense/War


      If the defendants are not formally added as Appellees (Failures 1 & 2), this

Court’s ultimate ruling may be legally toothless against them. Concurrently, if the

constructive trust remains unruled (Failure 4) while the Mandamus and PTAB

notices languish unassigned (Failures 3 & 5), parallel administrative engines will

alter the legal and accounting landscape before this Court can act. This is a severe,

compounding deprivation of the right to be heard at a meaningful time and in a

meaningful manner.


III. THE FEINBERG DIRECTIVES DEMAND EMERGENCY RELIEF
      The administrative stagnation has collided with an unprecedented, rapid

regulatory restructuring within the defense-industrial base, elevating this matter to

a critical emergency.


   1. The August 18, 2026 Memo: Deputy Secretary of Defense Steve Feinberg

      issued a binding directive requiring the Department of Defense (DoD) to

      draw cost data through automated APIs directly from contractor Enterprise

      Resource Planning (ERP) and financial transaction platforms for all

      agreements valued at ≥ $10M.


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   2. The September 14, 2026 Memo: A subsequent directive—Fostering One

      Strong Industrial Base—explicitly orders the DoD to phase out government-

      unique Cost Accounting Standards (CAS) and switch to standard

      commercial Generally Accepted Accounting Principles (GAAP).


The Accounting Conflict & Asset Commingling
       1.    CAS (The Status Quo): Requires strict, government-specific cost

             segregation, structural tracking, and granular accounting paths. It

             provides the necessary forensic blueprint to trace, isolate, and capture

             the exact proceeds generated by the proprietary technology at issue.

       2.    GAAP (The Feinberg Mandate): Eliminates government-unique

             cost-element isolation in favor of standardized corporate reporting.

             GAAP does not require, nor does it maintain, the segmented financial

             tracking necessary to satisfy a forensic accounting audit.

The implementation clock from the September 14 directive is actively running.

Once these corporate targets fully convert their accounting systems from CAS to

GAAP, the underlying financial data streams will be permanently commingled. No

future tracing order or retrospective damages award will be capable of

reconstructing the erased cost trails. The threat of irreparable injury is immediate,

absolute, and structural.


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IV. RELIEF REQUESTED
To preserve its own Article III jurisdiction and protect the integrity of these

proceedings, Movant-Appellant requests that this Court immediately issue an

omnibus order directing the following:


        1.    Mandatory Docket Realignment: Order the Clerk to process all five

              named defendants as Appellees in Appeal No. 26-1721 and correct the

              caption to conform with Fed. Cir. R. 12(b)(2).

        2.    Emergency Re-Docketing: Direct the Clerk to immediately apply an

              Emergency Flag to Petition No. 26-153 and assign the matter to an

              active merits panel for expedited resolution.

        3.    Document Standardization: Apply the standard CAFC document

              header, formal entry verification stamp, and retroactive docket

              indexing to the May 15, 2026 filing.

        4.    Administrative Confirmation: Issue an administrative confirmation

              ensuring full searchability across the federal judiciary to neutralize

              ongoing collateral manipulation.

        5.    Severance of Trust and Escrow: Separate the Motion for

              Constructive Trust and Escrow (Doc. 19) from the omnibus filing,


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      pulling it out into an independent, standalone record to prevent further

      administrative delay or blending of distinct legal remedies.

6.    Show Cause on Document 19: Issue an order directing the Clerk's

      Office or opposing parties to show cause why the Motion for

      Constructive Trust and Escrow (Doc. 19) has remained completely

      unaddressed for 129 days.

7.    Interim Financial Preservation Order: Issue an emergency

      preservation order requiring the targets to maintain all historical and

      active CAS cost-segregation records, data structures, and audit paths

      in their current format, explicitly staying any GAAP conversion as to

      the specific contracts at issue pending the final disposition of

      Document 19.

8.    Appellate Sequencing and Case Management: Order the integration

      of the parallel PTAB status information (Doc. 34) into the Court’s

      scheduling calendar to avoid an administrative forfeiture of the

      inventorship claim under 35 U.S.C. § 256.

9.    Expedited Panel Assignment: Order an immediate, expedited panel

      assignment on the collective merits of this appeal under Fed. Cir. R.

      27.


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V. RELEVANT CHRONOLOGY & RUNNING DEADLINES


Date / Milestone   Docket / Regulatory                 Days Elapsed / Status


May 15, 2026       Movant files Motion for             Day 0 (Awaiting
                   Constructive Trust and Escrow       judicial routing)
                   (Doc. 19).


July 20, 2026      Notice of Related Parallel PTAB     Day 66 (No judicial
                   IPR Proceedings filed (Doc. 34).    acknowledgment)


August 18, 2026    Emergency Mandamus Petition         Day 95 (Docketed as
                   filed (26-153); Stephen Feinberg    routine
                   API Data Extraction Memo            "Miscellaneous")
                   issued for DoD/Pentagon.


August 24, 2026    Notice of Docketing Correction      Day 101 (Uncorrected
                   and Emergency Refiling filed        by Clerk)
                   (Docs. 3, 6).


September 14,      Feinberg GAAP Transition            Day 122 (Transition
2026               Mandate issued (Fostering One       clock initiated)
                   Strong Industrial Base).


September 21,      Present Emergency Omnibus           Day 129 of Inaction on
2026               Motion filed.                       Doc. 19


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 Date / Milestone      Docket / Regulatory                 Days Elapsed / Status


 ~October 14, 2026     30-Day Feinberg Transition          Irreparable Harm
                       Window Closes; System-Wide          Realized (Est.)
                       CAS Phaseout Begins.


VI. CONCLUSION & LEGAL BASES
This Motion is firmly rooted in Federal Rule of Appellate Procedure 27(a)(1),

Federal Circuit Rules 12(b)(2) and 27, the Fifth Amendment Due Process Clause,

and this Court’s historical, inherent authority to oversee its docket. Under the

traditional equitable standards governing emergency relief, irreparable harm is the

"essential first consideration." Winter v. Natural Resources Defense Council, Inc.,

555 U.S. 7, 16 (2008).


If the accounting records are modified and the parties remain un-joined, any

subsequent decree issued by this Court will be rendered completely hollow. The

confluence of clerical inaction and systemic defense-contracting standardizations

represents an ongoing constitutional injury that requires immediate, decisive

judicial correction.


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 Dated: September 21, 2026                   Respectfully submitted,

                                             s/ Daitona Carter
                                             Daitona Carter, Pro Se
                                             General Delivery, Main Post Office
                                             2 Massachusetts Ave NE
                                             Washington, DC 20002
                                             legal@daitonacarter.com


                       CERTIFICATE OF COMPLIANCE


      Pursuant to Federal Rule of Appellate Procedure 27(d)(1)(E) and 27(d)(2), I

hereby certify that this Emergency Motion complies with the type-volume

limitation rules of this Court.


      1. Exclusive of the parts of the motion exempted by Federal Rule of

Appellate Procedure 32(f), the body of this Emergency Motion contains 1754

words, as calculated by the word count function of the word processing software

used to prepare this document.


      2. This Motion complies with the typeface requirements of Federal Rule of

Appellate Procedure 32(a)(5) and the type style requirements of Federal Rule of

Appellate Procedure 32(a)(6) because it has been prepared in a proportionally

spaced typeface using ONLYOffice in 14-point Times New Roman font.


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Dated: September 21, 2026                    Respectfully submitted,

                                             /s/ Daitona Carter
                                             Daitona Carter, Pro Se
                                             General Delivery, Main Post Office
                                             2 Massachusetts Ave NE
                                             Washington, DC 20002
                                             legal@daitonacarter.com

                           CERTIFICATE OF SERVICE

   I hereby certify that on September 21, 2026, a true and correct copy of the

foregoing Emergency Motion For Correction Of Structural Docketing Errors,

Expedited Panel Assignment, Show Cause Order On Document 19, And

Immediate Preservation Order was served via the Court's CM/ECF electronic filing

system, and/or via electronic mail, upon all counsel of record and active parties in

the underlying proceedings.


                                             Respectfully submitted,

                                             /s/ Daitona Carter
                                             Daitona Carter, Pro Se
                                             General Delivery, Main Post Office
                                             2 Massachusetts Ave NE
                                             Washington, DC 20002
                                             legal@daitonacarter.com