Free Redacted Document - District Court of Delaware - Delaware

` ,Case 1 :04-cv-01371-JJF Document 657 Filed O1/O3/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
POWER INTEGRATIONS, INC., )
· ) REDACTED
plaimifg ) PUBLIC VERSION
)
v. ) C.A. No. 04-1371-UF
)
FAIRCI·HLD SEMICONDUCTOR )
INTERNATIONAL, INC., and FAIRCHILD )
SEMICONDUCTOR CORPORATION, ) V
)
Defendants. )
DECLARATION OF BAS DE BLANK IN SUPPORT OF
FAIRCHILD’S ANSWERING BRIEFS IN OPPOSITION TO
POWER INTEGRATION S’ MOTION FOR A DECLARATION THAT THIS
CASE IS EXCEPTIONAL, TREBLE DAMAGES, AND ATTORNEYS’ FEES
ASHBY & GEDDES
Steven I. Balick (I.D. #2114)
John G. Day (I.D. #2403)
Lauren E. Maguire (I.D. #4261)
500 Delaware Avenue, 8th Floor
P.O. Box 1 150
Wihnington, DE 19899
302-654-1888
Attorneys for Defendants
Of Counsel:
G. Hopkins Guy, III
Vickie L. Feeman
Bas de Blank
Brian H. VanderZanden
Orrick, Herrington & Sutcliffe LLP
1000 Marsh Road
Menlo Park, CA 94025
(650) 614-7400
Dated: December 21, 2007

Case 1 :04-cv-01371-JJF Document 657 Filed O1/O3/2008 Page 2 of 4
IN THE UNITED STATES DISTRICT COURT
F OR THE DISTRICT OF DELAWARE
POWER INTEGRATIONS, INC., a Delaware C.A. No. 04-l37I—JJI·`
corporation,
Plaintiff,
v.
FAIRCHILD SEMICONDUCTOR
INTERNATIONAL, INC., a Delaware
corporation, and FAIRCHILD
SEMICONDUCTOR CORPORATION,
a Delaware corporation,
Defendants.
DECLARATION OF BAS DE BLANK IN SUPPORT OF FAIRCHILD’S
ANSWERING BRIEFS IN OPPOSITION TO POWER INTEGRATIONS’ MOTION
FOR A DECLARATION THAT THIS CASE IS EXCEPTIONAL, TREBLE
. DAMAGES, AND ATTORNE\’S’ FEES
I, Bas de Blank, 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 ofthe State of Califomia. I make this
declaration in support of Fairchild’s Answering Briefs in Opposition To Power Integrations’
Motions For A Declaration That This Case Is Exceptional, Treble Damages, And Attomeys’
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. Attached hereto as Eidribit A are copies of the invoices prepared by the law firm
of Sidley Austin Brown & Wood LLP. These invoices were produced to Power Integrations on
October 3, 2006 and are Bates·stamped FCS 1693293-1693358. The invoices reflect the work
perfomied by opinion counsel Robert Morrill and Philip Woo on behalf of Fairchild in this case.
oacruumnow or arts ora atm;
ca N0.04—l37I-.l.IF

Case il:04-cv-01371-JJF Document 657 Filed O1/O3/2008 Page 3 of 4
3. From the outset of this case and continuing through today, Fairchild has
cooperated with Power Integrations within the confines of the adversarial system. Although
Power lntegrations never named Fairchild Korea as a pany to this action, despite the fact that all
accused devices were designed in Korea and all documents relating thereto are maintained in
Korea, Fairchild voluntarily produced all responsive Korean documents and witnesses. This
cooperation obviated the need for Power Integrations to comply with the otten arduous, time-
intensive and costly requirements of the Hague Convention.
4. Specitically with respect to Korean non—pa1ty witnesses, Fairchild sent two
attorneys to Korea for two weeks. Fairchild agreed that Power lntegrations could depose each
non-party witness for more than a day each, affording Power Integrations the opportunity to
spend nine (9) days deposing six (6) witnesses.
5. Similarly, the parties mutually agreed to deposition schedules, as well as Court
V hearing dates and briefing schedules. Despite the fact that Federal Rule of Civil Procedure 59(b)
provides that motions for new trial need not be tiled until ten (l0) days from the entry of
judgment, Fairchild acquiesced to Power Integrations request that it tile its motions for new trial
by December 3, 2007.
6. Attached hereto as Exhibit B are copies of excerpts from the November 17 and
18, 2005 deposition ot`Balu Balakrishnan.
7. Attached hereto as Exhibit C is the translated version of trial exhibit PX296.
I declare the foregoing is true and correct under penalty of perjury under the laws of the
United States of America.
Executed on December 21, 2007 in Menlo Park, California.
Bas de Blank r
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EXHIBITS A — C
REDACT ED IN
THEIR ENTIRETY