Kennecott Corporation v. United States District Court For The Southern District Of California

873 F.2d 1292 10 U.S.P.Q.2d 1794 KENNECOTT CORPORATION, Petitioner, v. UNITED STATES DISTRICT COURT FOR the SOUTHERN DISTRICT OF CALIFORNIA, Respondent, and KYOCERA INTERNATIONAL, INC., et al., Real Parties in Interest. No. 88-7511. United States Court of Appeals, Ninth Circuit. Submitted May 3, 1989. Decided May 3, 1989. Before POOLE, BEEZER and TROTT, Circuit Judges. ORDER 1 Kennecott Corporation petitions for a writ of mandamus directing the United States District Court for the Southern District of California to: 1) vacate its order denying Kennecott's motion to disqualify opposing counsel and; 2) enter an order disqualifying opposing counsel for all purposes. We find that Kennecott should have filed a petition for review in the Court of Appeals for the Federal Circuit and we therefore deny the petition without prejudice pending the Federal Circuit's determination of reviewability. 2 Kennecott Corporation instituted a patent infringement action in the United States District Court for the Southern District of California against Kyocera International, Inc. and Kyoto Ceramic Co., Ltd. (hereinafter "Kyocera"). Jurisdiction in the district court was based on 28 U.S.C. Sec. 1338 . On…