Cardpool, Inc. v. Plastic Jungle, Inc.

Filing 91

REQUEST FOR SUBMISSIONS AND VACATING MAY 22 CASE MANAGEMENT CONFERENCE. re 89 Joint Case Management Statement filed by Cardpool, Inc., 84 USCA Order. CMC Deadline terminated.. Signed by Judge Alsup on May 20, 2014. (whalc1, COURT STAFF) (Filed on 5/20/2014)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CARDPOOL INC.,

United States District Court
For the Northern District of California

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No. C 12-04182 WHA

Plaintiff,
v.
PLASTIC JUNGLE, INC.,
n/k/a CARDFLO, INC.

REQUEST FOR SUBMISSIONS AND
VACATING MAY 22 CASE
MANAGEMENT CONFERENCE

Defendant.
/

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After losing here and on appeal, the losing party, plaintiff and patent owner,
Cardpool Inc., settled with defendant Plastic Jungle, Inc. (now known as Cardflo, Inc.) and,
as part of the settlement, both sides persuaded the Federal Circuit to vacate its judgment but
that Court refused to vacate this Court’s order and judgment, instead leaving it up to this
district court to decide. Now the parties ask for vacatur here.
This district judge has consistently refused to erase rulings from the public records as
part of a settlement. Once issued, an order and judgment of a United States District Court
belong to the public and are in the public domain. They are not subject to being erased by
settlement (except in cases where the public interest so justifies). To allow otherwise would
allow all manner of collusion and manipulation of the public records of our federal district
court, especially by those with enough money to buy collusion.
That a patent examiner in a PTO proceeding has recently allowed new and narrowed
claims in the same patent is interesting, but cannot override the supremacy of an Article III

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judgment on the earlier claims in the same patent. A district court judgment takes precedence

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over a PTO examiner’s determination.

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The foregoing is tentative and both sides may seek to justify vacatur in simultaneous

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and/or joint submissions (not to exceed twenty pages) made by NOON ON MAY 29.

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If oral argument is needed, it will be set. The May 22 case management conference is

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VACATED.

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IT IS SO ORDERED.

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United States District Court
For the Northern District of California

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Dated: May 20, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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