Free Memorandum and Order - District Court of Delaware - Delaware

Case 1:04-cv-01371-JJF Document 483 Filed 05/22/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
POWER INTEGRATIONS, INC., a :
Delaware corporation, :
Plaintiff, E
v. E C.A. No. O4-1371-JJF
FAIRCHILD SEMICONDUCTOR ;
INTERNATIONAL, INC., a Delaware :
corporation, and FAIRCHILD :
SEMICONDUCTOR CORPORATION, a :
Delaware corporation, :
Defendants. i
MEMORANDUM ORDER
The Court has received e~mail submissions from the parties
regarding a dispute that has arisen in connection with the
production of 225 pages of new documents by Plaintiff, Power
Integrations, Inc. (“Power lntegrations”). In light of this late
production, Defendants, Fairchild Semiconductor International,
Inc. and Fairchild Semiconductor Corporation (“Fairchild”), have
requested a 90 day continuance of the trial scheduled to commence
on June 4, 2007, so that they may have an adequate opportunity to
conduct discovery on these new materials.
Because this request arises from the production of documents
that Power Integrations was required to produce long ago, I find
that any delay in the upcoming trial is chargeable to the lapse
in performance by Power Integrations. However, I am unable to
assess the reasonableness of Fairchild's request for a 90 day
continuance without some sense of the prejudice Fairchild might

Case 1:04-cv-01371-JJF Document 483 Filed 05/22/2007 Page 2 of 2
suffer because of the late production. Such an assessment must
wait until after Fairchild deposes Dr. Eklund, particularly in
light of Power Integrations' representation that it will not rely
on the subject documents during trial.
My concern is that, while the parties engage in further
discovery with respect to this late document production, the
trial calendar becomes tentative and the summoning of jurors is
impacted until a decision can be made on the continuance request.
Unless the parties advise me by the close of business on May 23,
2007, that both agree to the trial beginning on June 4, 2007, I
will continue the trial for one (l) to eight (8) weeks from June
4, 2007. The parties shall submit memoranda on their positions
concerning the start date for trial by Thursday, May 31, 2007.
IT IS SO ORDERED.
May 2007 —
DATE M JAT DISTRICT GE
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