Free Motion to Amend/Correct - District Court of Delaware - Delaware

Case 1:04-cv-01371-JJF

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Exhibit A

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE POWER INTEGRATIONS, INC., a Delaware corporation, Plaintiff, v. FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC., a Delaware corporation, and FAIRCHILD SEMICONDUCTOR CORPORATION, a Delaware corporation, FAIRCHILD SEMICONDUCTOR KOREA, a Korean corporation, Defendants. C.A. No. 047-1371-JJF JURY TRIAL REQUESTED

SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Power Integrations, Inc. hereby alleges as follows:

THE PARTIES 1. Power Integrations, Inc. ("Power Integrations") is incorporated under the

laws of the state of Delaware, and has a regular and established place of business at 5245 Hellyer Avenue, San Jose, California, 95138. 2. Upon information and belief, defendant Fairchild Semiconductor

International, Inc. is incorporated under the laws of the state of Delaware, with its headquarters located at 82 Running Hill Road, South Portland, Maine, 04106. Upon information and belief, defendant Fairchild Semiconductor Corporation is incorporated under the laws of the state of Delaware, with its headquarters located at 82 Running Hill Road, South Portland, Maine, 04106. Upon information and belief, defendant Fairchild Semiconductor Korea is a Korean corporation and wholly-owned subsidiary of Fairchild Semiconductor Corporation and Fairchild Semiconductor International, Inc., both of which are incorporated under the laws of the state of Delaware, with headquarters located 1

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at 82 Running Hill Road, South Portland, Maine, 04106. (Fairchild Semiconductor International, Inc., Fairchild Semiconductor Corporation, and Fairchild Semiconductor Korea hereinafter collectively "Fairchild Semiconductor.") JURISIDICTION AND VENUE 3. This action arises under the patent laws of the United States, Title 35

U.S.C. § 1 et seq. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a). 4. Upon information and belief, this Court has personal jurisdiction over

defendants because defendants are incorporated, doing business and advertising in this judicial District. 5. Upon information and belief, venue is proper in this Court pursuant to 28

U.S.C. §§ 1391(b), (c) and 1400 because the defendants are subject to personal jurisdiction in this judicial District. GENERAL ALLEGATIONS 6. Power Integrations' products include its integrated pulse width modulation

("PWM") integrated circuits that are used in power supplies for electronic devices such as cellular telephones, LCD monitors and computers. These products are sold throughout the United States, including Delaware. 7. Upon information and belief, defendants manufacture PWM integrated

circuits devices (e.g., devices intended for use in power conversion applications such as LCD monitor power supplies or battery chargers for portable electronics), and directly and through their affiliates, uses, imports, sells, and offers to sell the same throughout the United States, including Delaware. FIRST CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO. 6,107,851 8. forth herein. 2 The allegations of paragraphs 1-7 are incorporated as though fully set

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9.

Power Integrations is now, and has been since its issuance, the assignee

and sole owner of all right, title, and interest in United States Patent No. 6,107,851, entitled " Offline Converter with Integrated Softstart and Frequency Jitter" (" the '851 patent" ), which was duly and legally issued on August 22, 2000. A true and correct copy of the '851 patent is attached hereto as Exhibit A. 10. Upon information and belief, defendants have been and are now

infringing, inducing infringement, and contributing to the infringement of the '851 patent by making, using, importing, selling, and offering to sell devices, including PWM integrated circuit devices, and/or inducing or contributing to the importation, use, offer for sale and sale by others of such devices covered by one or more claims of the '851 patent, all to the injury of Power Integrations. 11. Integrations. 12. Defendants' infringement has caused irreparable injury to Power Defendants' acts of infringement have injured and damaged Power

Integrations and will continue to cause irreparable injury until defendants are enjoined from further infringement by this Court. 13. Upon information and belief, Defendants' infringement has been, and

continues to be, willful so as to warrant enhancement of damages awarded as a result of its infringement. SECOND CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO. 6,249,876 14. forth herein. 15. Power Integrations is now, and has been since its issuance, the assignee The allegations of paragraphs 1-7 are incorporated as though fully set

and sole owner of all right, title, and interest in United States Patent No. 6,249,876, entitled " Frequency Jittering Control for Varying the Switching Frequency of a Power

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Supply" (" the ' 876 patent" ), which was duly and legally issued on June 19, 2001. A true and correct copy of the ' 876 patent is attached hereto as Exhibit B. 16. Upon information and belief, defendants have been and are now

infringing, inducing infringement, and contributing to the infringement of the ' 876 patent by making, using, importing, selling, and offering to sell devices, including PWM integrated circuit devices and/or inducing or contributing to the importation, use, offer for sale and sale by others of such devices covered by one or more claims of the ' 876 patent, all to the injury of Power Integrations. 17. Integrations. 18. Defendants' infringement has caused irreparable injury to Power Defendants' acts of infringement have injured and damaged Power

Integrations and will continue to cause irreparable injury until defendants are enjoined from further infringement by this Court. 19. Upon information and belief, Defendants' infringement has been, and

continues to be, willful so as to warrant enhancement of damages awarded as a result of its infringement.

THIRD CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO. 6,229,366 20. forth herein. 21. Power Integrations is now, and has been since its issuance, the assignee The allegations of paragraphs 1-7 are incorporated as though fully set

and sole owner of all right, title, and interest in United States Patent No. 6,229,366, entitled " Off-Line Converter with Integrated Softstart and Frequency Jitter" (" the ' 366 patent" ), which was duly and legally issued on May 8, 2001. A true and correct copy of the ' 366 patent is attached hereto as Exhibit C.

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22.

Upon information and belief, defendants have been and are now

infringing, inducing infringement, and contributing to the infringement of the ' 366 patent by making, using, importing, selling, and offering to sell devices, including PWM integrated circuit devices and/or inducing or contributing to the importation, use, offer for sale and sale by others of such devices covered by one or more claims of the ' 366 patent, all to the injury of Power Integrations. 23. Integrations. 24. Defendants' infringement has caused irreparable injury to Power Defendants' acts of infringement have injured and damaged Power

Integrations and will continue to cause irreparable injury until defendants are enjoined from further infringement by this Court. 25. Upon information and belief, Defendants' infringement has been, and

continues to be, willful so as to warrant enhancement of damages awarded as a result of its infringement. FOURTH CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO. 4,811,075 26. forth herein. 27. Power Integrations is now, and has been since its issuance, the assignee The allegations of paragraphs 1-7 are incorporated as though fully set

and sole owner of all right, title, and interest in United States Patent No. 4,811,075, entitled " High Voltage MOS Transistors" (" the ' 075 patent" ), which was duly and legally issued on March 7, 1989. A true and correct copy of the ' 075 patent is attached hereto as Exhibit D. 28. Upon information and belief, defendants have been and are now

infringing, inducing infringement, and contributing to the infringement of the ' 075 patent by making, using, importing, selling, and offering to sell devices, including PWM integrated circuit devices and/or inducing or contributing to the importation, use, offer for 5

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sale and sale by others of such devices covered by one or more claims of the ' 075 patent, all to the injury of Power Integrations. 29. Integrations. 30. Defendants' infringement has caused irreparable injury to Power Defendants' acts of infringement have injured and damaged Power

Integrations and will continue to cause irreparable injury until defendants are enjoined from further infringement by this Court. 31. Upon information and belief, Defendants' infringement has been, and

continues to be, willful so as to warrant enhancement of damages awarded as a result of its infringement.

PRAYER FOR RELIEF WHEREFORE, Plaintiff requests the following relief:

(a) (b) (c) (d) (e)

judgment against defendants as to willful infringement of the ' 851 patent; judgment against defendants as to willful infringement of the ' 876 patent; judgment against defendants as to willful infringement of the ' 366 patent; judgment against defendants as to willful infringement of the ' 075 patent; a permanent injunction preventing defendants and their officers, directors,

agents, servants, employees, attorneys, licensees, successors, assigns, and customers, and those in active concert or participation with any of them, from making, using, importing, offering to sell or selling any devices that infringe any claim of the ' 851, ' 876, ' 366, or ' 075 patents; (f) judgment against defendants for money damages sustained as a result of

defendants' infringement of the ' 851, ' 876, ' 366, and ' 075 patents; (g) that any such money judgment be trebled as a result of the willful nature

of Defendants' infringement; 6

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(h)

costs and reasonable attorneys' fees incurred in connection with this action

pursuant to 35 U.S.C § 285; and (i) such other and further relief as this Court finds just and proper.

JURY DEMAND Plaintiff requests trial by jury.

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Dated: August 8, 2005

FISH & RICHARDSON P.C.

By: /s/ Sean P. Hayes William J. Marsden, Jr. (#2247) Sean P. Hayes (#4413) John F. Horvath (#4557) 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19801 Telephone: (302) 652-5070 Facsimile: (302) 652-0607 Frank E. Scherkenbach 225 Franklin Street Boston, MA 02110-2804 Telephone: (617) 542-5070 Facsimile: (617) 542-8906 Michael Kane 60 South Sixth Street 3300 Dain Rauscher Plaza Minneapolis, MN 55402 Telephone: (612) 335-5070 Facsimile: (612) 288-9696 Howard G. Pollack Gina M. Steele Michael R. Headley 500 Arguello Street, Suite 500 Redwood City, CA 94063 Telephone: (650) 839-5070 Facsimile: (650) 839-5071 Attorneys for Plaintiff POWER INTEGRATIONS, INC.
50290875.doc

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Exhibit B

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE POWER INTEGRATIONS, INC., a Delaware corporation, Plaintiff, v. FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC., a Delaware corporation, FAIRCHILD SEMICONDUCTOR CORPORATION, a Delaware corporation, and FAIRCHILD SEMICONDUCTOR KOREA, a Korean corporation, Defendants. C.A. No. 047-1371-JJF JURY TRIAL REQUESTED

FIRSTSECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Power Integrations, Inc. hereby alleges as follows:

THE PARTIES 1. Power Integrations, Inc. ("Power Integrations") is incorporated under the

laws of the state of Delaware, and has a regular and established place of business at 5245 Hellyer Avenue, San Jose, California, 95138. 2. Upon information and belief, defendant Fairchild Semiconductor

International, Inc. is incorporated under the laws of the state of Delaware, with its headquarters located at 82 Running Hill Road, South Portland, Maine, 04106. Upon information and belief, defendant Fairchild Semiconductor Corporation is incorporated under the laws of the state of Delaware, with its headquarters located at 82 Running Hill Road, South Portland, Maine, 04106. Upon information and belief, defendant Fairchild Semiconductor Korea is a Korean corporation and wholly-owned subsidiary of Fairchild Semiconductor Corporation and Fairchild Semiconductor International, Inc., both of which are incorporated under the laws of the state of Delaware, with headquarters located 1

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at 82 Running Hill Road, South Portland, Maine, 04106. (Fairchild Semiconductor International, Inc., Fairchild Semiconductor Corporation, and Fairchild Semiconductor Korea hereinafter collectively "Fairchild Semiconductor.") JURISIDICTION AND VENUE 3. This action arises under the patent laws of the United States, Title 35

U.S.C. § 1 et seq. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a). 4. Upon information and belief, this Court has personal jurisdiction over

defendants because defendants are incorporated, doing business and advertising in this judicial District. 5. Upon information and belief, venue is proper in this Court pursuant to 28

U.S.C. §§ 1391(b), (c) and 1400 because the defendants are subject to personal jurisdiction in this judicial District. GENERAL ALLEGATIONS 6. Power Integrations' products include its integrated pulse width modulation

("PWM") integrated circuits that are used in power supplies for electronic devices such as cellular telephones, LCD monitors and computers. These products are sold throughout the United States, including Delaware. 7. Upon information and belief, defendants manufacture PWM integrated

circuits devices (e.g., devices intended for use in power conversion applications such as LCD monitor power supplies or battery chargers for portable electronics), and directly and through their affiliates, uses, imports, sells, and offers to sell the same throughout the United States, including Delaware. FIRST CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO. 6,107,851 8. forth herein. 2 The allegations of paragraphs 1-7 are incorporated as though fully set

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9.

Power Integrations is now, and has been since its issuance, the assignee

and sole owner of all right, title, and interest in United States Patent No. 6,107,851, entitled " Offline Converter with Integrated Softstart and Frequency Jitter" (" the '851 patent" ), which was duly and legally issued on August 22, 2000. A true and correct copy of the '851 patent is attached hereto as Exhibit A. 10. Upon information and belief, defendants have been and are now

infringing, inducing infringement, and contributing to the infringement of the '851 patent by making, using, importing, selling, and offering to sell devices, including PWM integrated circuit devices, and/or inducing or contributing to the importation, use, offer for sale and sale by others of such devices covered by one or more claims of the '851 patent, all to the injury of Power Integrations. 11. Integrations. 12. Defendants' infringement has caused irreparable injury to Power Defendants' acts of infringement have injured and damaged Power

Integrations and will continue to cause irreparable injury until defendants are enjoined from further infringement by this Court. 13. Upon information and belief, Defendants' infringement has been, and

continues to be, willful so as to warrant enhancement of damages awarded as a result of its infringement. SECOND CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO. 6,249,876 14. forth herein. 15. Power Integrations is now, and has been since its issuance, the assignee The allegations of paragraphs 1-7 are incorporated as though fully set

and sole owner of all right, title, and interest in United States Patent No. 6,249,876, entitled " Frequency Jittering Control for Varying the Switching Frequency of a Power

3

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Supply" (" the ' 876 patent" ), which was duly and legally issued on June 19, 2001. A true and correct copy of the ' 876 patent is attached hereto as Exhibit B. 16. Upon information and belief, defendants have been and are now

infringing, inducing infringement, and contributing to the infringement of the ' 876 patent by making, using, importing, selling, and offering to sell devices, including PWM integrated circuit devices and/or inducing or contributing to the importation, use, offer for sale and sale by others of such devices covered by one or more claims of the ' 876 patent, all to the injury of Power Integrations. 17. Integrations. 18. Defendants' infringement has caused irreparable injury to Power Defendants' acts of infringement have injured and damaged Power

Integrations and will continue to cause irreparable injury until defendants are enjoined from further infringement by this Court. 19. Upon information and belief, Defendants' infringement has been, and

continues to be, willful so as to warrant enhancement of damages awarded as a result of its infringement.

THIRD CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO. 6,229,366 20. forth herein. 21. Power Integrations is now, and has been since its issuance, the assignee The allegations of paragraphs 1-7 are incorporated as though fully set

and sole owner of all right, title, and interest in United States Patent No. 6,229,366, entitled " Off-Line Converter with Integrated Softstart and Frequency Jitter" (" the ' 366 patent" ), which was duly and legally issued on May 8, 2001. A true and correct copy of the ' 366 patent is attached hereto as Exhibit C.

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22.

Upon information and belief, defendants have been and are now

infringing, inducing infringement, and contributing to the infringement of the ' 366 patent by making, using, importing, selling, and offering to sell devices, including PWM integrated circuit devices and/or inducing or contributing to the importation, use, offer for sale and sale by others of such devices covered by one or more claims of the ' 366 patent, all to the injury of Power Integrations. 23. Integrations. 24. Defendants' infringement has caused irreparable injury to Power Defendants' acts of infringement have injured and damaged Power

Integrations and will continue to cause irreparable injury until defendants are enjoined from further infringement by this Court. 25. Upon information and belief, Defendants' infringement has been, and

continues to be, willful so as to warrant enhancement of damages awarded as a result of its infringement. FOURTH CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO. 4,811,075 26. forth herein. 27. Power Integrations is now, and has been since its issuance, the assignee The allegations of paragraphs 1-7 are incorporated as though fully set

and sole owner of all right, title, and interest in United States Patent No. 4,811,075, entitled " High Voltage MOS Transistors" (" the ' 075 patent" ), which was duly and legally issued on March 7, 1989. A true and correct copy of the ' 075 patent is attached hereto as Exhibit D. 28. Upon information and belief, defendants have been and are now

infringing, inducing infringement, and contributing to the infringement of the ' 075 patent by making, using, importing, selling, and offering to sell devices, including PWM integrated circuit devices and/or inducing or contributing to the importation, use, offer for 5

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sale and sale by others of such devices covered by one or more claims of the ' 075 patent, all to the injury of Power Integrations. 29. Integrations. 30. Defendants' infringement has caused irreparable injury to Power Defendants' acts of infringement have injured and damaged Power

Integrations and will continue to cause irreparable injury until defendants are enjoined from further infringement by this Court. 31. Upon information and belief, Defendants' infringement has been, and

continues to be, willful so as to warrant enhancement of damages awarded as a result of its infringement.

PRAYER FOR RELIEF WHEREFORE, Plaintiff requests the following relief:

(a) (b) (c) (d) (e)

judgment against defendants as to willful infringement of the ' 851 patent; judgment against defendants as to willful infringement of the ' 876 patent; judgment against defendants as to willful infringement of the ' 366 patent; judgment against defendants as to willful infringement of the ' 075 patent; a permanent injunction preventing defendants and their officers, directors,

agents, servants, employees, attorneys, licensees, successors, assigns, and customers, and those in active concert or participation with any of them, from making, using, importing, offering to sell or selling any devices that infringe any claim of the ' 851, ' 876, ' 366, or ' 075 patents; (f) judgment against defendants for money damages sustained as a result of

defendants' infringement of the ' 851, ' 876, ' 366, and ' 075 patents; (g) that any such money judgment be trebled as a result of the willful nature

of Defendants' infringement; 6

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(h)

costs and reasonable attorneys' fees incurred in connection with this action

pursuant to 35 U.S.C § 285; and (i) such other and further relief as this Court finds just and proper.

JURY DEMAND Plaintiff requests trial by jury.

7

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Dated: August 8, 2005

FISH & RICHARDSON P.C.

By: /s/ Sean P. Hayes William J. Marsden, Jr. (#2247) Sean P. Hayes (#4413) John F. Horvath (#4557) 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19801 Telephone: (302) 652-5070 Facsimile: (302) 652-0607 Frank E. Scherkenbach 225 Franklin Street Boston, MA 02110-2804 Telephone: (617) 542-5070 Facsimile: (617) 542-8906 Michael Kane 60 South Sixth Street 3300 Dain Rauscher Plaza Minneapolis, MN 55402 Telephone: (612) 335-5070 Facsimile: (612) 288-9696 Howard G. Pollack Gina M. Steele Michael R. Headley 500 Arguello Street, Suite 500 Redwood City, CA 94063 Telephone: (650) 839-5070 Facsimile: (650) 839-5071 Attorneys for Plaintiff POWER INTEGRATIONS, INC.

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