Free Verdict Sheet - District Court of Delaware - Delaware

Case 1:04-cv-01371-JJF

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Filed 09/01/2006

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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, Defendants. C.A. No. 04-1371 JJF

POWER INTEGRATIONS' [PROPOSED] SPECIAL VERDICT AND INTERROGATORIES TO THE JURY ­ INFRINGEMENT AND DAMAGES We, the jury, unanimously find as follows: INFRINGEMENT OF POWER INTEGRATIONS' '876 PATENT Infringement of the '876 Patent 1. Do you find by a preponderance of the evidence that Fairchild has literally infringed Claim 1 of the ' 876 Patent? (A "YES" answer to this question is a finding for Power Integrations. A "NO" answer is a finding for Fairchild.) YES NO

2. If you answered "NO" to question 1, do you find by a preponderance of the evidence that Fairchild nevertheless infringes Claim 1 of the ' 876 patent under the doctrine of equivalents? (A "YES" answer to this question is a finding for Power Integrations. A "NO" answer is a finding for Fairchild.) YES NO

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Willful Infringement of the '876 Patent 3. If you answered " YES" to either question 1 or question 2, do you find by clear and convincing evidence that Fairchild' s infringement of Claim 1 of the ' 876 patent was willful? (A " YES" answer to this question is a finding for Power Integrations. A " NO" answer is a finding for Fairchild.) YES NO

INFRINGEMENT OF POWER INTEGRATIONS' '851 PATENT Infringement of the '851 Patent 4. Do you find by a preponderance of the evidence that Fairchild has literally infringed Claim 1 of the ' 851 Patent? (A " YES" answer to this question is a finding for Power Integrations. A " NO" answer is a finding for Fairchild.) YES NO

5. If you answered " NO" to question 4, do you find by a preponderance of the evidence that Fairchild nevertheless infringes Claim 1 of the ' 851 patent under the doctrine of equivalents? (A " YES" answer to this question is a finding for Power Integrations. A " NO" answer is a finding for Fairchild.) YES NO

Willful Infringement of the '851 Patent 6. If you answered " YES" to either question 4 or question 5, do you find by clear and convincing evidence that Fairchild' s infringement of Claim 1 of the ' 851 patent was willful? (A " YES" answer to this question is a finding for Power Integrations. A " NO" answer is a finding for Fairchild.)

YES

NO

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INFRINGEMENT OF POWER INTEGRATIONS' '366 PATENT Infringement of the '366 Patent 7. Do you find by a preponderance of the evidence that Fairchild has literally infringed Claim 14 of the ' 366 Patent? (A " YES" answer to this question is a finding for Power Integrations. A " NO" answer is a finding for Fairchild.) YES NO

8. If you answered " NO" to question 7, do you find by a preponderance of the evidence that Fairchild nevertheless infringes Claim 14 of the ' 366 patent under the doctrine of equivalents? (A " YES" answer to this question is a finding for Power Integrations. A " NO" answer is a finding for Fairchild.) YES NO

Willful Infringement of the '366 Patent 9. If you answered " YES" to either question 7 or question 8, do you find by clear and convincing evidence that Fairchild' s infringement of Claim 14 of the ' 366 patent was willful? (A " YES" answer to this question is a finding for Power Integrations. A " NO" answer is a finding for Fairchild.)

YES

NO

INFRINGEMENT OF POWER INTEGRATIONS' '075 PATENT 10. Do you find by a preponderance of the evidence that Fairchild has literally infringed Claim 5 of the ' 075 Patent? (A " YES" answer to this question is a finding for Power Integrations. A " NO" answer is a finding for Fairchild.)

YES

NO

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Willful Infringement of the '075 Patent 11. If you answered " YES" as to question 10, do you find by clear and convincing evidence that Fairchild' s infringement of Claim 5 of the ' 075 patent was willful? (A " YES" answer to this question is a finding for Power Integrations. A " NO" answer is a finding for Fairchild.) YES NO

DAMAGES DUE TO POWER INTEGRATIONS Damages for Infringement of the'876, '851,'366, and/or '075 Patents 12. If you have found that Fairchild has infringed at least one asserted claim from any of the ' 876, ' 851, ' 366, and/or ' 075 Patents, do you find by a preponderance of the evidence that Power Integrations suffered actual damages as a result of Fairchild' s infringement? (A " YES" answer to this question is a finding for Power Integrations. A " NO" answer is a finding for Fairchild.) YES NO

13. If you answered " YES" to question 12, state the type and amount of damages you find Power Integrations to have proven by a preponderance of the evidence: (A) Lost Profits from Lost Sales (' 876 and/or ' 851 patent only): __________________________________________________________________ (B) Past Lost Profits from Price Erosion: ______________________________

(C) Future Lost Profits from Price Erosion: ______________________________ (D1) Reasonable Royalty (in addition to Lost Profits from Lost Sales): _____________________________________________________________ (or) (D2) Reasonable Royalty (if no Lost Profits from Lost Sales): __________________________________________________________________ TOTAL DAMAGES 4

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14. If you answered " YES" to question 12, please state the applicable royalty rates that should apply to each patent you found Fairchild infringed: ' 876 Patent ' 366 Patent: __________ __________ ' 851 Patent ' 075 Patent __________ __________

You must each sign this Verdict Form: (foreperson)

Dated: ______________

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CERTIFICATE OF SERVICE I hereby certify that on September 1, 2006, I electronically filed with the Clerk of Court POWER INTEGRATIONS' [PROPOSED] SPECIAL VERDICT AND INTERROGATORIES TO THE JURY ­ INFRINGEMENT AND DAMAGES using CM/ECF which will send electronic notification of such filing(s) to the following Delaware counsel. In addition, the filing will also be sent via hand delivery: Steven J. Balick, Esq. John G. Day, Esq. Ashby & Geddes 222 Delaware Avenue, 17th Floor P. O. Box 1150 Wilmington, DE 19899

I hereby certify that on September 1, 2006, I have served by Federal Express, the document(s) to the following non-registered participants: G. Hopkins Guy, III Bas de Blank Orrick, Herrington & Sutcliffe, LLP 1000 Marsh Road Menlo Park, CA 94025 Attorneys for Defendants FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC. and FAIRCHILD SEMICONDUCTOR CORPORATION

/s/ William J. Marsden, Jr. William J. Marsden, Jr. ([email protected])