Free Redacted Document - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE POWER INTEGRATIONS, INC., a Delaware corporation, Plaintiff, v. FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC., a Delaware corporation, and FAIRCHILD SEMICONDUCTOR CORPORATION, a Delaware corporation, Defendants. DECLARATION OF KYLE WAGNER COMPTON IN SUPPORT OF POWER INTEGRATIONS INC.'S POST-TRIAL MOTION FOR A DECLARATION THAT THIS CASE IS EXCEPTIONAL, TREBLE DAMAGES, AND ATTORNEYS' FEES
FISH & RICHARDSON P.C. William J. Marsden, Jr. (#2247) Kyle Wagner Compton (#4693) 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19899-1114 Telephone: (302) 652-5070 Facsimile: (302) 652-0607 Frank E. Scherkenbach 225 Franklin Street Boston, MA 02110-2804 Telephone: (617) 542-5070 Facsimile: (617) 542-8906 Howard G. Pollack Michael R. Headley Jonathan Lamberson 500 Arguello Street, Suite 500 Redwood City, CA 94063 Telephone: (650) 839-5070 Facsimile: (650) 839-5071

C.A. No. 04-1371 JJF PUBLIC VERSION

DATED: December 3, 2007 REDACTED: December 10, 2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE POWER INTEGRATIONS, INC., a Delaware corporation, Plaintiff, v. FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC., a Delaware corporation, and FAIRCHILD SEMICONDUCTOR CORPORATION, a Delaware corporation, Defendants. DECLARATION OF KYLE WAGNER COMPTON IN SUPPORT OF POWER INTEGRATIONS INC.'S POST-TRIAL MOTION FOR A DECLARATION THAT THIS CASE IS EXCEPTIONAL, TREBLE DAMAGES, AND ATTORNEYS' FEES C.A. No. 04-1371-JJF PUBLIC VERSION

I, Kyle Wagner Compton, declare as follows: 1. I am an attorney at Fish & Richardson P.C., counsel of record in this action for

Plaintiff Power Integrations, Inc. ("Power Integrations"). I am a member of the Bar of the State of Delaware and of this Court. I have personal knowledge of the matters stated in this declaration and would testify truthfully to them if called upon to do so. 2. Attached hereto as Exhibit A is a true and correct copy of Fairchild's

Supplemental Response to Power Integrations' Interrogatory No. 13. 3. Attached hereto as Exhibit B are true and correct excerpts from the hearing

regarding discovery disputes related to Power Integrations' motion to compel the deposition of H.K. Kim, which took place on February 2, 2006. 4. Attached hereto as Exhibit C are true and correct excerpts from the deposition of

H.S. Choi in this case, which took place on September 12, 2005. 5. Attached hereto as Exhibit D is a true and correct copy of trial exhibit PX296,

along with and its agreed-upon translation, entered into evidence in this case on October 3, 2006.

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6.

Attached hereto as Exhibit E is a true and correct copy of trial exhibit DX535, one

of Fairchild' s opinion letters regarding Power Integrations' ' 366 patent, dated June 28, 2005. 7. Attached hereto as Exhibit F is a true and correct copy of trial exhibit DX483,

another of Fairchild' s opinion letters regarding Power Integrations' ' 366 patent, dated June 6, 2006. 8. Attached hereto as Exhibit G is a true and correct copy of an e-mail from

Fairchild counsel Brian VanderZanden to Power Integrations' counsel Jonathan Lamberson, dated September 17, 2007, confirming for the first time on the first day of the invalidity trial that Fairchild was no longer proceeding with an invalidity theory based on the TEA2262. 9. Attached hereto as Exhibit H is a true and correct copy of trial exhibit DX480 one

of Fairchild' s opinion letters regarding Power Integrations' ' 075 patent, dated June 6, 2006. 10. Attached hereto as Exhibit I is a true and correct copy of trial exhibit DX136,

another of Fairchild' s opinion letters regarding Power Integrations' ' 075 patent, dated May 6, 2005. 11. Attached hereto as Exhibit J is a true and correct copy of trial exhibit DX137,

another of Fairchild' s opinion letters regarding Power Integrations' ' 075 patent, dated September 26, 2005. 12. Attached hereto as Exhibit K are true and correct excerpts from trial exhibit

PX48, one of Dr. Eklund' s notebooks containing his work related to the invention of the ' 075 patent, bearing production numbers KE1362-64. 13. Attached hereto as Exhibit L is a true and correct copy of the opinion from the

United States Court of Appeals for the Federal Circuit summarily affirming the ITC' s determination that System General infringes Power Integrations' patents, dated November 19, 2007. 14. Attached hereto as Exhibit M is a true and correct copy of a Fairchild press

release regarding Fairchild' s recent acquisition of System General, dated February 8, 2007.

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15.

Attached hereto as Exhibit N is a true and correct copy of a letter from Fairchild

counsel Bas de Blank to Power Integrations' counsel Michael Headley, dated December 9, 2005. 16. Attached hereto as Exhibit O is a true and correct copy of Fairchild' s initial

Response to Power Integrations' Interrogatory No. 8. 17. Attached hereto as Exhibit P is a true and correct copy of Fairchild' s Third

Supplemental Response to Power Integrations' Interrogatory No. 8. 18. Attached hereto as Exhibit Q is a true and correct copy of a letter from Fairchild

counsel Bas de Blank to Power Integrations' counsel Gina Steele, dated July 7, 2005. 19. Attached hereto as Exhibit R is a true and correct copy of an e-mail from

Samsung counsel Kristina Kim to Power Integrations' counsel Michael Headley, dated December 16, 2005. 20. Attached hereto as Exhibit S is a true and correct copy of a letter from Fairchild

counsel Brian VanderZanden to Power Integrations' counsel Howard Pollack, dated October 17, 2006. 21. Attached hereto as Exhibit T is a true and correct copy of a letter from Fairchild

counsel Brian VanderZanden to Power Integrations' counsel Michael Headley, dated April 24, 2006. 22. Attached hereto as Exhibit U is a true and correct copy of a letter from Fairchild

paralegal Sarah Schultz to Power Integrations' counsel Gina Steele, dated June 28, 2005. 23. Attached hereto as Exhibit V is a true and correct copy of a letter from Fairchild

paralegal Sarah Schultz to Power Integrations' counsel Gina Steele, dated June 29, 2005. 24. Attached hereto as Exhibit W is a true and correct copy of a Fairchild press

release regarding Fairchild' s purchase of a license to sue Power Integrations and the filing of that suit in the Eastern District of Texas, dated April 11, 2006. 25. Attached hereto as Exhibit X is a true and correct copy of an e-mail from Power

Integrations' counsel Michael Headley to Fairchild counsel Bas de Blank confirming discussions

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regarding Fairchild' s efforts to renumber parts and release new parts without providing discovery regarding those parts, dated November 18, 2005. 26. Attached hereto as Exhibit Y is a true and correct copy of a Fairchild press release

following the jury verdict finding Fairchild infringed all claims of the asserted Power Integrations patents, dated October 10, 2006. 27. Attached hereto as Exhibit Z is a true and correct copy of a Fairchild press release

following the jury verdict affirming the validity of all four asserted Power Integrations' patents, dated September 21, 2007. 28. Attached hereto as Exhibit AA is a true and correct copy of a Fairchild document

admitted at trial as PX255, describing a Fairchild seminar on Power Integrations' circuits. 29. Attached hereto as Exhibit BB is a true and correct copy of an excerpt of Volume

1 of the Trial Transcript, dated September 17, 2007. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 3rd day of December, 2007, at Wilmington, Delaware.

/s/ Kyle Wagner Compton Kyle Wagner Compton

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CERTIFICATE OF SERVICE I hereby certify that on December 10, 2007, I electronically filed with the Clerk of Court the PUBLIC VERSION OF DECLARATION OF KYLE WAGNER COMPTON IN SUPPORT OF POWER INTEGRATIONS INC.'S POST-TRIAL MOTION FOR A DECLARATION THAT THIS CASE IS EXCEPTIONAL, TREBLE DAMAGES, AND ATTORNEYS' FEES which will send electronic notification of such filing(s) to the following counsel: BY EMAIL Steven J. Balick John G. Day Ashby & Geddes 500 Delaware Avenue, 8th Floor P. O. Box 1150 Wilmington, DE 19899 Attorneys for Defendants FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC. and FAIRCHILD SEMICONDUCTOR CORPORATION, and third party INTERSIL CORPORATION

BY E-MAIL G. Hopkins Guy, III Bas de Blank Orrick, Herrington & Sutcliffe, LLP 1000 Marsh Road Menlo Park, CA 94025

Attorneys for Defendants FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC. and FAIRCHILD SEMICONDUCTOR CORPORATION

/s/ Kyle Wagner Compton Kyle Wagner Compton