Case: 13-157 Document: 9 Page: 1 Filed: 08/02/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

IN RE ZOLTEK CORPORATION, Petitioner. ______________________

Miscellaneous Docket No. 157 ______________________

On Petition for Writ of Mandamus to the United States Court of Federal Claims in No. 09-CV-0166, Judge Edward J. Damich. ______________________

ON PETITION ______________________

Before RADER, Chief Judge, BRYSON, and WALLACH, Circuit Judges. BRYSON, Circuit Judge. ORDER Zoltek Corporation seeks a writ of mandamus direct- ing the United States Court of Federal Claims to allow additional discovery. Zoltek owns United States Patent No. Re. 34,162 (the ’162 patent), entitled “Controlled Surface Electrical Re- sistance Carbon Fiber Sheet Product.” Zoltek brought suit in the Court of Federal Claims, alleging that the Case: 13-157 Document: 9 Page: 2 Filed: 08/02/2013

2 IN RE ZOLTEK CORPORATION

government’s use of the F22 Fighter and B-2 Bomber jets infringed the ’162 patent. On June 7, 2013, the Court of Federal Claims issued an order determining that it would be the most appropri- ate and efficient course to bifurcate the trial and first decide patent validity before addressing any other issue. The court did so over Zoltek’s objection that further discovery regarding the manufacturer of the F-22 could yield additional evidence in regard to secondary consider- ations of non-obviousness. The court’s order noted its belief that the discovery sought by Zoltek would ultimate- ly be irrelevant to the state of affairs at the time of the invention, and that Zoltek could have already conducted such discovery during the pendency of the litigation. Zoltek seeks mandamus to review the Court of Feder- al Claims’ decision to deny it additional discovery before trial, but the arguments on which it relies do not meet our requirements for such extraordinary relief. Specifically, Zoltek has not shown a lack of adequate alternative means to obtain the relief it seeks. See Cheney v. U.S. Dist. Court for D.C., 542 U.S. 367, 380-81 (2004). Zoltek effectively concedes that it can obtain review of the dis- covery issue after appeal from final judgment. See gener- ally Am. Airlines, Inc. v. United States, 551 F.3d 1294, 1307 (Fed. Cir. 2008). Zoltek asserts prejudice in the fact that it may take years to successfully appeal from an adverse ruling. However, potential “judicial inconven- ience and hardship,” is insufficient to warrant mandamus, Bankers Life & Casualty Co. v. Holland, 346 U.S. 379, 383 (1953), and Zoltek has not established that the inability to conduct this additional discovery effectively precludes it from litigating the merits of its case or that trial would in essence be a waste of judicial resources. Accordingly, IT IS ORDERED THAT: Case: 13-157 Document: 9 Page: 3 Filed: 08/02/2013

IN RE ZOLTEK CORPORATION 3

The petition for a writ of mandamus is denied.

FOR THE COURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk

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