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Case1:04—cv-01371-JJF Document 486-5 Filed 05/23/2007 Page10f3
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Case 1:04-cv-01371-JJF Document 486-5 Filed 05/23/2007 Page 2 of 3
O R R I C K Q e,ée_ ` /'R/ if
Brian H. VanderZanden
May is 2007 <65°> 6‘4·762"
“ ’ [email protected]
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Michael R. Headley
Fish & Richardson P.C.
SOO Arguello Street, Suite SOO
Redwood City, CA 94(B6
Re: Power lntegrations v. Fairchild Semiconductor et al. (CA 04-1371 HF)
Dear Michael:
l received your letter today concerning Klas Eklund’s late document production. Thank you
for recognizing that Fairchild is fully entitled to depose Mr. Eklund about the late produced
documents.
Obviously, we cannot depose Mr. Eklund the day before trial. Therefore, Power
lntegrations must either agree to produce Mr. Eklund for deposition next week in California,
or agree to postpone the invalidity trial until Mr. Eklund's deposition can occur. (I
understand that Mr. Eklund was in \X/ilmington as recently as this past Tuesday, so obviously
traveling to the United States is not a terrible inconvenience for him.) Please let us know
your position by Monday morning at the latest so that we can raise this with the Court, if
necessary.
Despite the fact that Fairchild made clear its intention to use Mr. Beasom’s exhibits over six
months ago, this is the first time that Power lntegrations has ever requested to depose Mr.
Beasom about them. That said, we will agree to arrange Mr. Beasom’s deposition and are
checking to conirm that he is available next week. We will provide you with the available
dates and locations as soon as we hear from him.
You wrote that you “are not aware of any additional non-privileged documents.” Please
confirm that anything withheld as privileged has been logged and that Power lntegrations is
not withholding any “new" documents on the basis of privilege.
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Case 1:04-cv-01371-JJF Document 486-5 Filed 05/23/2007 Page 3 of 3
O R R I C K
Michael R. Headley
May 18, 2007
Page 2
Finally, your letter failed to state whether Power Integrations will use any of the late-
produced Eklund documents at trial. Immediately identify which documents Power
Integrations will use at trial.
Sincerely,
Brian H. VanderZanden
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