Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01371-JJF Document 517 Filed O9/06/2007 Page 1 of 1
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
CIMMBERS OF LDCKBOI 27
JOSEPH J. I·‘ARN.'\N. JR. 844 KING STREET
JUDGE U.S. COURTIIOUSE
WILMINGTON. DEl...·\\\'AR}.Z WSDL
(301) 573-6I 55
September 6, 2007
John G. Day, Esquire
Ashby & Geddes
500 Delaware Avenue
P.O. Box 1150
Wilmington, Delaware 19899
William J. Marsden, Jr., Esquire
Fish & Richardson P.C.
Suite 1100
919 N. Market Street
P.O. Box 1114
Wilmington, Delaware 19899-1114
RE: Power Integrations, Inc. v. Fairchild Semiconductor International, et al.,
Civil Action No. 04-1371-JJF
Dear Counsel:
The Court has received the parties letters (D.I. 514, 516) concerning the impact of the
Federal Circuit’s recent decision, In re Seagate Technology, LLC, Misc. Docket No. 830 (Fed.
Cir. Aug. 20, 2007), on the upcoming invalidity trial scheduled for September 17, 2007. The
Court has reviewed the decision in Seagate and concludes that it does not undermine the Court’s
decision to bifurcate the issues of infringement and willfulness from invalidity. The focus of the
Seagate decision is the standard to be applied to the question of willfulness and the scope ofthe
waiver of the attorney-client privilege and work product doctrine when advice of counsel is
asserted. The Court does not read Seagate to effectuate a change in the trial court’s discretion to
manage a trial utilizing such tools as bifurcation. Accordingly, the Court will not disturb the trial
date for the invalidity trial.
Sincerely,
ag>r........gs
JOSEPH J. FARNAN, JR.
JJ Fir: rjp
cc: Clerk, U.S. District Court
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