In Re Atmel Corporation, Petitioner, 889 F.2d 1098 (Fed. Cir. 1989)

Atmel Corporation petitions for writ of mandamus to direct the International Trade Commission to vacate its March 16, 1989 limited exclusion order and to issue a new limited exclusion order that accurately reflects the ITC's final determination in the investigation. The ITC opposes the petition. Intel Corporation opposes the petition.

The ITC and Intel argue, inter alia, that Atmel has administrative remedies available to seek the relief it desires. See, e.g., 19 C.F.R. Sec. 211.57 (governing petitions for modification or rescission of final Commission actions), Interim Rule Sec. 211.54 (governing advisory opinions). We agree that Atmel has not exhausted its administrative remedies and, thus, has not shown at this point that it is entitled to relief by way of mandamus.

Accordingly,

IT IS ORDERED THAT:

Atmel's petition for writ of mandamus is denied.