Free Reply Brief - District Court of Delaware - Delaware

Case 1:04-cv-01371-JJF Document 606-2 Filed 11/30/2007 Page1 013

Case 1 :04-cv-01371-JJF Document 606-2 Filed 1 1/30/2007 Page 2 of 3
From: Howard Pollack [[email protected]]
Sent: Tuesday, October 23, 2007 4:07 PM
To: Guy, Hopkins; Michael Headley
Cc: de Blank, Bas; William Marsden
Subject: RE: Pl-Fairchild: proposed schedule for post-trial briefing
Hopkins,
We do not agree that "discovery" on this issue is a "two-way street." Fairchild is in possession of the
relevant materials to support your representations that there has been a design around. You either
choose to provide that support or not. Power Integrations reverse engineering in this context is work
product and we see no reason to produce it. Nor do we believe any depositions are necessary in order
to resolve these issues.
Regards, 4 .
Howard
From: Guy, Hopkins [mailto:[email protected]]
Sent: Tuesday, October 23, 2007 11:34 AM
To: Michael Headley
Cc: de Blank, Bas; Howard Pollack
Subject: RE: PI-Fairchild: proposed schedule for post—tria| briefing
Thank you.
We will take this up with local counsel and Fairchild.
As for the documentation that you request regarding the schematics for the new products, any discovery at this time will
need to be a two—way street. Are you agreeing to produce all documentation that Mr. Blauschild has relied or seen related
to the new Fairchild products including all reverse engineering? Do you agree to allow a deposition at some appropriate
time of anyone submitting a declaration in support of your motion for permanent injunction related to the new Fairchild
products? We need to know this before we agree to provide additional discovery to Power Integrations at this point.
Hopkins
From: Michael Headley [mailto:[email protected]]
Sent: Tuesday, October 23, 2007 11:26 AM
To: Guy, Hopkins
Cc: de Blank, Bas; Howard Pollack
Subject: Re: PI-Fairchild: proposed schedule for post-trial briefing
Hop,
Per our call today, Power Integrations proposes an overall schedule for the resolution of post-trial brienng in this case with
the following deadlines: -
Nov. 5: Fairchild opening briefing on inequitable conduct ("IC")
Nov. 9; Fairchild oppositions to Pl motion for accounting, motion for injunction, and motion for judgment of no inequitable
conduct regarding the '876

Case 1 :04-cv-01371-JJF Document 606-2 Filed 1 1/30/2007 Page 3 of 3
Nov. 16: Pl reply briefs re its motions
Nov. 21: Pl opposition brief re inequitable conduct
Nov. 23: Fairchild JMOL briefs
Dec. 5: Fairchild reply brief re IC
Dec. 14: Pl oppositions to Fairchild JMOLs
Jan. 4: Fairchild replies re JMOLs
Jan 14: hearing this week.
Please let us know your response by Thursday at noon so that we can raise this issue with the Court if need be.
Also, please send us the documents you mentioned regarding Fairchild's activities following the infringement verdict as
soon as possible, including the letters to customers regarding Fairchild no longer indemnifying them for use of the
infringing products. We also reiterate our request for the schematics for the parts we have identitied as not being
colorably different from those adjudged to infringe, particularly given your statement today that you have no doubt the
products are in fact more than colorably different in some way that is meaningful to the patents-in—suit. lf our review of the
schematics supports your assertion for any of the parts in question, we will certainly reconsider our request for an
injunction as to the part(s).
I look fonrvard to your response.
Sincerely,
Michael
Michael R. Headley
Fish & Richardson P.C,
500 Arguello St., Suite 500
Redwood City, CA 94063-1526
(650) 839-5139 (direct)
(650) 839-5071 (fax)
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