Free Letter - District Court of Delaware - Delaware

Case1:04—cv-01371-JJF Document 486-4 Filed 05/23/2007 Page1 0f4
E h ` b `t C

Case 1:04-cv-01371-JJF Document 486-4 Filed 05/23/2007 Page 2 of 4
ORRICK. HERRINGTOH E: 5lJ'I'CLlFFE LLP
1DDD MARSH ROAD
MENLO PARK, CALIFORNIA 9§D25
SE1 ii%‘.Z’,1i?1%1
O R R I C K 'W'WW,DRRI£K.CDM
G. Hopkins Guy, Ill
_ [650] 614-7452
May 23’ 2007; - [email protected]
vm FACSIMILE
Howard Pollack
Michael R. Headley
Fish & Richardson P.C.
500 Arguello Street, Suite 500
Redwood City, CA 94036
Rc: Power Integ ations v. Fairchild Semiconductor et al. [CA 04-1371 [lf-;
Dear Howard and Michael:
We received your proposed schedule yesterday regarding August trial dates and have been
checking on availability of all witnesses for those weeks. We have also considered your
proposal to have the inequitable conduct hearing immediately follow the validity trial. All
witnesses are available during the week of August 13. Your proposal this morning to make
Dr. Hklund available for deposition four days from now, this Sunday, in Sweden is frankly an
impossible schedule to meet given the travel requirements and proximity to trial. This is
exactly the kind of prejudice that Fairchild should not be subjected to on the eve of trial and
ignores the likely need to revise expert reports or to conduct other discovery that has been
caused by the newly produced documentation by Dr. Eldund or Dr. f£klund's deposition.
You continue to ignore the fact that the late production of Dr. Eklund's notes raises other
issues in addition to the need for his deposition. Moreover, we took you at your word that a
deposition prior tojune 3rd was impossible -- now with the trial date continued it suddenly
isn't impossible.
We will accept your May 22 proposal to continue the trial dare until the week of August 13,
subject ro the Court`s availability, take Dr. E..klund`s deposition during the week of_]une
4 and offer the deposition of Mr. Beasom the week ofjunc 18. I hope that the depositions
can be conducted in California at our offices in Menlo Park and Redwood City, respectively.
We also require that originals of all of Dr. Eldund's newly produced documents be produced
at least a day before the deposition as well as originals of PX-29 and PX-30 and any other
exhibit Power lntegrations intends to use at trial. We also accept the proposal that any
evidentiary hearin re ardin ine uitable conduct before the Court immediately follow the
. 3 H 3 Cl .
til is \·'L"est;2{¤l12`s‘JIIl 5. I

Case 1:04-cv-01371-JJF Document 486-4 Filed 05/23/2007 Page 3 of 4
O R R I C K
Hoxvard Pollack
May 23, 2OOY
Page 2
completion of the invalidity trial during the same week. Assuming that we have an
agreement, we should discuss whether a joint proposal or stipulation would be more
appropriate for tiling on May 31.
Sincercly,
G. Iopkins uy,
OI {S Wt·sr:2lGl}1`$UUI5.I

05/23/2007 11:13 FMI 650 614 7401 ORRICK SILICON VALLEY 001
Case 1:04-cv-01371-JJF Document 486-4 Filed 05 23 2007 age · 0 ·
$$¤I=$¤t$=I¤=|=$$==I==I¤¤¤¤8=$$=t$=$$$=
me TX REPORT me
:3==I=$$$=I=¤H=$=J¤=I=a£=$$=t¤=B=t¢=t¢=t=$¤=
TRANSMISSION OK
TX/RX N0 0145
RECIPIENT ADDRESS 1491#104l4#25#839507l
DESTINATI UN ID
ST. TIME U5/23 11112
TIME USE 00 ` 59
PAGES SENT 3
RESULT OK
ORRICK, HERIUNGTDN &5&.l’TCLIFFE LI.!
IUDU MARSH mab
utum PARK, CALIFUMJIA 9+::15
nr 650-M4-7400
fn: 650-61*4-NIH
O R R 1 C K www.¤n¤|cx.c¤M
FAX TRANSMISSION
. NO. OF PAGES
MTE MBY 23- 2007 (mctunmc ccvza sneer} 3
FROM
` name ce!
G. Hopkins Guy, III 650-614-7452
T0

name mmpnrrylllnn tel Fax
Howard Pellaek F1sr-1 & RICHARDSON P.C. 650.839.5071
CC

M1clue1R. Headley Ftsu & R1cr1A1ms01·»1 P.C. 650.839.5071
RE .Pv:wr Integration: 1:. FaimB·z`£d Semicondzasrcr at nl
MESSAGE
Please sec attached.