Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01371-JJF Document 495 Filed 06/14/2007 Page 1 of 1
Asn-rev & GEDDES
ATTORNEYS AND COUNSELLORS AT LAW TELEPHONE
soo DELAWARE AVENUE 3°2-°°4"°°°
»=». e. Box neo 3,,';f'§§L$E§§.,
WILMINGTON, DELAWARE 19899
June 14, 2007
The Honorable Joseph J. Farnan, Jr. VIA ELECTRONIC FILING
United States District Court
844 King Street
Wilmington, DE 19801
Re: Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al.,
C.A. No. O4-1371-JJF
Dear Judge Farnan:
Fairchild writes to ensure that the letter Power Integrations submitted earlier today does
not create any misunderstanding on the Court’s part. While it is true that the depositions of Mr.
Beasom and Dr. Eklund were completed last week, as was discussed in Fairchi1d’s May 31, 2007
memorandum (DI 491), Fairchild will need to conduct follow-up investigation. Power
Integrations fails to mention that Fairchild has requested forensic testing of the disputed Eklund
notes and Power Integrations has refused that request. While Power Integrations may not believe
further follow-up is necessary, Fairchild most certainly does. Indeed, there are multiple versions
of Power Integrations’ inventor notes, some showing ink on copies, but Mr. Eklund claims the
originals have been lost. Fairclrild’s ability to proceed on the agreed-upon proposed trial dates is
contingent upon its ability to conduct adequate investigation regarding the Eklund docrunents.
Before trial, Fairchild must conduct forensic analysis and submit a report by its forensic expert,
any discovery Power Integration wishes to seek in response to that report must be completed, and
in all likelihood Fairchild will be forced to submit a motion in limine regarding the inventor
notes and possibly a motion for summary judgment. Given the need to complete these activities,
Fairchild prefers the proposed September trial dates.
Respectfully,
John G. Day
John G. Day
J GD/nml
rsosvar
c: William J. Marsden, Jr. Esquire (by hand)
Frank E. Scherkenbach, Esquire (via electronic mail)
Howard G. Pollack, Esquire (via electronic mail)
G. Hopkins Guy, IH, Esquire (via electronic mail)