Free Notice (Other) - District Court of Delaware - Delaware

Case 1:07-cv-00187-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC., a Delaware corporation, and INTERSIL AMERICAS, INC., a Delaware Corporation, and INTERSIL CORPORATION, a Delaware corporation, Plaintiff, v. POWER INTEGRATIONS, INC., a Delaware corporation, Defendants. C.A. No. 07-187 GMS

POWER INTEGRATIONS, INC.'S NOTICE OF RELATED ACTION AND REQUEST FOR REASSIGNMENT TO JUDGE FARNAN PURSUANT TO DELAWARE LOCAL RULE 3.1(b)

I.

RELATED CASE Pursuant to Local Rule 3.1(b), defendant Power Integrations hereby notifies the

court that this case is related to a case already pending in this court, captioned Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., Civil Action No. 041371 (JJF). II. DISCUSSION This action was transferred from the Eastern District of Texas on April 4, 2007 (C.A. No. 06-151 (TJW)). Pending before Judge Farnan is another action involving the same parties,1 the same technology, and many of the same witnesses and operative facts.

1

Although Intersil is not a named party to the other litigation, Intersil has been actively involved in the dispute between Power Integrations and Fairchild--Intersil purports to have a joint defense agreement with Fairchild, and Intersil will also be providing documents and former employees to testify at the upcoming trial.

Case 1:07-cv-00187-JJF

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Trial is set to begin in that case on June 4, 2007, and the resolution of the issues in Judge Farnan's trial regarding one of the four patents-in-suit there will significantly impact the case at hand, as the validity issues regarding the patent in the present case overlap entirely with the related case. Given Judge Farnan's familiarity with the common subject matter between the two cases, reassignment to Judge Farnan would secure a speedy and less expensive resolution of the instant action, as required under the Federal Rules of Civil Procedure. See Fed. R. Civ. Proc. 1 (noting that the Federal Rules "shall be construed and administered to secure the just, speedy, and inexpensive determination of every action."); see also Local Rule 3.1(b) (defining a related case as one that "would entail substantial duplication of labor if heard by different judges"). Power Integrations therefore requests that the instant case be reassigned to Judge Farnan so that Judge Farnan can efficiently address this dispute after he has resolved the related case between the parties. III. CONCLUSION The court should reassign the instant case to Judge Farnan to allow him to resolve the issues at hand in light of the resolution of the upcoming trial in related case C.A. No. 04-1371 between the parties.

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Dated: May 1, 2007

FISH & RICHARDSON P.C.

By:

/s/ William J. Marsden, Jr. William J. Marsden, Jr. (#2247) 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19899-1114 Telephone: (302) 652-5070 Facsimile: (302) 652-0607 Email: [email protected] Frank E. Scherkenbach 225 Franklin Street Boston, Massachusetts 02110-2804 Telephone: (617) 542-5070 Facsimile: (617) 542-8906 Howard G. Pollack Michael J. Headley 500 Arguello Street, Suite 500 Redwood City, California 94063 Telephone: (650) 839-5070 Facsimile: (650) 839-5071

Attorneys for Plaintiff POWER INTEGRATIONS, INC.

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CERTIFICATE OF SERVICE I hereby certify that on May 1, 2007, I electronically filed with the Clerk of Court POWER INTEGRATIONS, INC.' S NOTICE OF RELATED ACTION AND REQUEST FOR REASSIGNMENT TO JUDGE FARNAN PURSUANT TO DELAWARE LOCAL RULE 3.1(b) using CM/ECF. The filing will also be sent via hand delivery to: Steven J. Balick, Esq. John G. Day, Esq. Ashby & Geddes 222 Delaware Avenue, 17th Floor P. O. Box 1150 Wilmington, DE 19899 I hereby certify that on May 1, 2007, I have mailed by United States Postal Service, the document(s) to the following non-registered participants: G. Hopkins Guy, III Bas de Blank Orrick, Herrington & Sutcliffe, LLP 1000 Marsh Road Menlo Park, CA 94025 Carl R. Roth Michael C. Smith THE SMITH LAW FIRM 115 North Wellington, Suite 200 P.O. Box 876 Marshall, Texas 75671 Michael Shore Jeffrey R. Bragalone SHORE CHAN, LLP 325 North St. Paul, Suite 4450 Dallas, Texas 75201 Attorneys for Plaintiff FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC.

Attorneys for Plaintiff, FAIRCHILD SEMICONDUCTOR CORPORATION and INTERSIL CORPORATION

Attorneys for Plaintiff, INTERSIL CORPORATION

80044428.doc

/s/ William J. Marsden, Jr. William J. Marsden, Jr.