Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01371-JJF

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Document 486

Filed 05/23/2007

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VIA ELECTRONIC MAIL May 23, 2007 The Honorable Joseph J. Farnan, Jr. United States District Court for the District of Delaware 844 King Street Wilmington, DE 19801 Re:

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Power Integrations Inc. v. Fairchild Semiconductor Int'l USDC-D. Del. - C.A. No. 04-1371-JJF

Dear Judge Farnan: We write in response to the Court's memorandum order of yesterday requesting the parties' positions with respect to the schedule for the validity trial. Since the Court issued its order, we prevailed on Dr. Eklund to sit for deposition this weekend (see Ex. A), within the window Fairchild previously requested and on a schedule Fairchild initially agreed would permit the parties to proceed with trial on June 4. (See Ex. B at 2 ("In order to have enough preparation time in advance of trial, we will need to take his deposition sometime next week.").) We believed Dr. Eklund's agreement to change his schedule to sit for a deposition would permit the parties to proceed as planned, but Fairchild now will not agree. (See Ex. C.) Power Integrations believes that Fairchild's refusal to agree to a proposal that meets its original demand for a deposition this week belies its claim of potential prejudice, particularly when Fairchild initially made no reference to the need for any satellite discovery (see Exs. B and D), and that as a result the Court should proceed with trial as currently scheduled. If the Court is inclined to move trial, though, there is no apparent disagreement among the parties as to what the proposed schedule should be: the parties agree that if trial moves, it should begin on August 13, subject to the Court's availability. In view of this contingent agreement, Power Integrations asks that the Court decide the trial date without the further briefing contemplated in yesterday's order, to permit everyone to finalize plans as soon as possible. Respectfully, /s/ William J. Marsden, Jr. William J. Marsden, Jr. cc: Clerk of Court (via ECF) Steven J. Balick, Esquire (By Hand) G. Hopkins Guy, III, Esquire (By Email) Bas de Blank, Esquire (By Email)

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