Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01371-JJF

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Document 358

Filed 09/05/2006

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VIA ECF AND HAND DELIVERY September 5, 2006 The Honorable Joseph J. Farnan, Jr. United States District Court for the District of Delaware 844 King Street Wilmington, DE 19801

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Re:

Power Integrations, Inc. v. Fairchild Semiconductor International USDC-D. Del. ­ C.A. No. 04-1371 JJF

Dear Judge Farnan: We write to request the Court's guidance in responding to the 60-page brief containing 19 motions in limine filed by Defendant Fairchild (D.I. 356). In addition to being excessive and untimely,1 the motions improperly seek to reargue several of Fairchild's unsuccessful motions for summary judgment (including motions regarding the validity of the '075 patent and "foreign sales") and the numerous other issues Fairchild has briefed these past few months. (See, e.g., Fairchild motions in limine Nos. 1-2 (occupying 19 of the 60 pages), 9, and 18.) In doing so, Fairchild has not even attempted to address the standard for reconsideration, which it cannot meet, and neither the Court nor Power Integrations should be required to address these issues again. Therefore, Power Integrations respectfully requests that the Court strike Fairchild's excessive and duplicative 60-page brief and direct Fairchild to select a small subset of non-duplicative issues on which it intends to proceed. In the meanwhile, Power Integrations requests the Court order it need not respond to Fairchild's motions in limine unless and until the Court orders otherwise. Respectfully, /s/ William J. Marsden, Jr. William J. Marsden, Jr. cc: Clerk of Court (via ECF) Steven J. Balick, Esquire (By Hand) Bas de Blank, Esquire (By Facsimile)

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Fairchild's motions in limine were e-filed at 3:44 a.m. on September 2, the Saturday of Labor Day weekend.