Free Redacted Document - District Court of Delaware - Delaware

Case 1 :04-cv-01371-JJF Document 658 Filed O1/O3/2008 Page 1 of 3
H\I THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
POWER INTEGRATIONS, INC., )
) REDACTED
Plaintiff; ) PUBLIC VERSION
. )
4 v. ) C.A. No. 04-1371-JJF
)
FAIRCHILD SEMICONDUCTOR )
INTERNATIONAL, INC., and FAIRCHHJD )
SEMICONDUCTOR CORPORATION, )
)
Defendants. )
DECLAK VAIIUN 01+ MCKIE 1+EEivL»xN IN .>UrPOKi` or
FAIRCHILD’S ANSWERING BRIEFS IN OPPOSITION TO
POWER INTEGRATIONS’ MOTION FOR A DECLARATION THAT THIS
CASE IS EXCEPTIONAL, TREBLE DAMAGES, AND ATTORNEYS’ FEES
ASHBY & GEDDES
Steven J. Balick (I.D. #2114)
John G. Day (I.D. #2403)
Lauren E. Maguire (I.D. #4261)
500 Delaware Avenue, Sth Floor
P.O. Box 1 150
Wilmington, DE 19899
302-654-1888
Attorneys for Defendants
Of Counsel:
G. Hopkins Guy, III
Vickie L. Feeman
Bas de Blank
Brian H. VanderZanden
Onick, Herrington & Sutcliffe LLP
1000 Marsh Road
Menlo Park, CA 94025
(650) 614-7400
Dated: December 21, 2007

Case 1 :04-cv-01371-JJF Document 658 Filed O1/O3/2008 Page 2 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
POWER INTEGRATIONS, INC., a Delaware C.A. No. 04-I37l-JJF
corporation,
Plaintiff,
v.
F AIRCHILD SEMICONDUCTOR
INTERNATIONAL, INC., a Delaware
corporation, and FAIRCHILD
SEMICONDUCTOR CORPORATION,
w De'·~r.·¢··r·· ccmoretion
Defendants. I
DECLARATION OF VICKIE FEEMAN IN SUPPORT OF FAIRCHILD’S
ANSWERING BRIEFS IN OPPOSITION TO POWER IN'I`EGRATIONS’ MOTION
FOR A DECLARATION THAT THIS CASE IS EXCEPTIONAL, TREBLE
DAMAGES, AND ATTORNEYS’ FEES
I, Vickie Feeman, the undersigned, declare as follows:
I. I am an attorney with the firm of Orrick, Herrington & Sutcliffe LLP, counsel of
record for Defendants Fairchild Semiconductor International, Inc. and Fairchild Semiconductor
Corp. (collectively, "Fairchild"). I am admitted to the Bar of the State of California. I make this
declaration in support of F airchild’s Answering Briefs in Opposition To Power Integrations’
Motions For A Declaration That This Case Is Exceptional, Treble Damages, And Attorneys’
Fees. I make this declaration of my own personal knowledge and, if called as a witness, I could
and would testify competently to the truth of the matters set forth herein.
2. Power Integrations filed this action against Fairchild on October 20, 2004. On
February ll, 2005, I traveled from Menlo Park, Califomia to Bucheon, Korea with a litigation
, team, arriving in Korea on February I2, 2005. This team consisted of myself, along with two
Korean-speaking associates, a paralegal and a computer technician. The personnel accompanying
me to Korea were: Raymis Kim, Jae Kim, Sarah Schultz and Vera Yin.
· DECLARATION OF VICKIE FEEMAN
A c.A. No. 04-mr-nr

Case 1 :04-cv-01371-JJF Document 658 Filed O1/O3/2008 Page 3 of 3
3. The team spent a tirll two weeks in Korea, meeting with Fairchild Korea
executives, engineers, marketing and sales personnel in order to investigate Power Integrations’
infringement claims. We reviewed and gathered all potentially relevant and responsive
documents and other materials, including data sheets, schematics, drawings, patents and
correspondence. As almost 100% of these documents were in Korean, this was an enormous and
arduous task. A h
4. Although I had to depart for the United States on February 25, 2005, the
S remainder of the team stayed in Korea for an additional two days, meeting with more Fairchild _
people and collecting additional documents. The rest ofthe team departed Korea for the United
uautbo on r cored., 4/, 2005.
5. Further, Fairchild consented to the depositions of Korean non·party witnesses.
These witnesses were made available to Power Integrations despite the fact that Power
lntegrations never named Fairchild Korea as a party to this lawsuit. In addition, Fairchild never
required that Power Integrations comply with the requirements of the Hague Convention with
respect to any foreign discovery.
6. Depositions were held in Korea for two weeks, beginning on September 1, 2005
and concluding on September 13, 2005. Fairchild agreed that Power lntegrations could depose
every non—party witness for more than a day each, affording Power Integrations the opportunity
to spend nine (9) days deposing six (6) witnesses. Thus, Fairchild again dispatched two attomeys e
to Korea to cover these depositions, all of which occurred via translators. Again, 1 attended these
depositions, along with Raymis Kim from my office.
I declare the foregoing is true and correct under penalty of perj ury under the laws of the
United States of America.
Executed on December 21, 2007 in Menlo Park, California.
t/ra

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