In Re Airtite, Incorporated and Zonatherm Products, Inc, 878 F.2d 1444 (Fed. Cir. 1989)

ORDER

Airtite, Incorporated and Zonatherm Products, Inc. petition for writ of mandamus to direct the United States District Court for the Northern District of Illinois to reverse its March 9, 1989 order refusing to stay the proceedings pending the outcome of the Patent Office's reissue proceeding.

Mandamus is to be reserved for exceptional circumstances. One seeking a writ carries the burden of showing that its right to issuance of the writ is clear and indisputable and that no other adequate means to seek the relief are available. Allied Chemical Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980).

Airtite concedes that a district court has the discretion to grant or deny a motion for stay under these circumstances. In Allied Chemical, the Supreme Court stated that "where a matter is committed to discretion, it cannot be said that a litigant's right to a particular result is clear and indisputable." Allied Chemical, 449 U.S. at 36. Thus, mandamus is not appropriate.

Accordingly,

IT IS ORDERED THAT:

Airtite's petition for writ of mandamus is denied.