Smith Corona Corporation, Plaintiff-appellee, v. Pelikan, Inc., Defendant-appellant, 937 F.2d 622 (Fed. Cir. 1991)

Pelikan, Inc. apparently misunderstands 28 U.S.C. § 1292(a) (1), (c) (1) and Fed. R. App. P. 8. Section 1292, governing interlocutory decisions, permits a party to appeal from an interlocutory order granting an injunction. Rule 8, governing stays or injunctions, pending appeal, permits a party to move for a stay, pending appeal, of an injunction. However, that party must first file a notice of appeal from the injunction order. Indeed, Fed. Cir. R. 8(a) requires that a "motion for stay or injunction, pending appeal, must be accompanied by a copy of the notice of appeal that has been filed with the clerk of the trial court."

Review by mandamus is not appropriate where a normal appeal could have been filed. Moses H. Cone Hospital v. Mercury Constr. Corp., 460 U.S. 1, 8 n. 6 (1983) ("more fundamentally, a court of appeals has no occasion to engage in extraordinary review by mandamus in 'aid of its jurisdiction,' 28 U.S.C. § 1651, when it can exercise the same review by a contemporaneous ordinary appeal."