Free Declaration - District Court of Delaware - Delaware

Case 1:04-cv-01371-JJF

Document 270

Filed 06/12/2006

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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. DECLARATION OF SEAN P. HAYES IN SUPPORT OF POWER INTEGRATIONS' OPPOSITION TO INTERSIL'S MOTION TO QUASH AND MOTION FOR A PROTECTIVE ORDER FISH & RICHARDSON P.C. William J. Marsden, Jr. (#2247) ([email protected]) Sean P. Hayes (#4413) ([email protected]) 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19899-1114 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 R. Headley Howard G. Pollack 500 Arguello Street, Suite 500 Redwood City, CA 94063 Telephone: (650) 839-5070 Facsimile: (650) 839-5071 Attorneys for Plaintiff POWER INTEGRATIONS, INC. C.A. No. 04-1371 JJF

Date: June 12, 2006

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I, Sean P. Hayes, declare as follows: 1. I am an associate of Fish & Richardson P.C., counsel of record in this

action for Plaintiff Power Integrations, Inc. ("Power Integrations"). I am a member of the Bar of the State of Delaware and of this Court. I have personal knowledge of the matters stated in this declaration and would testify truthfully to them if called upon to do so. 2. Attached as Exhibit A is a true and correct copy of Fairchild's Complaint

against Power Integrations, filed in the Eastern District of Texas on April 11, 2006. 3. Attached as Exhibit B is true and correct copy of a Patent License

Agreement dated March 30, 2006, bearing Bates numbers I704-706. 4. Attached as Exhibit C is true and correct copy of Supplemental Agreement

dated March 30, 2006, bearing Bates number I703. 5. Attached as Exhibit D is a true and correct copy of Fairchild's Amended

Complaint, filed in the Eastern District of Texas on May 19, 2006. 6. Attached as Exhibit E is a true and correct copy of Brian VanderZanden's

April 20, 2006 letter to Michael Headley. 7. Attached as Exhibit F is a true and correct copy of Brian VanderZanden's

April 24, 2006 letter to Michael Headley. 8. Attached as Exhibit G is a true and correct copy of Michael Headley's

April 25, 2006 to Brian VanderZanden. 9. Attached as Exhibit H is a true and correct copy of Michael Headley's

April 26, 2006 email to G. Hop Guy. 10. Attached as Exhibit I is a true and correct copy of Michael Headley's May

5, 2006 email to Brian VanderZanden. 11. Despite numerous phone calls to Intersil-Fairchild's counsel, Mike Jones,

Power Integrations' local counsel in Texas, could not obtain the Intersil-Fairchild license.

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12.

Attached as Exhibit J is a true and correct copy of Jeffrey Bragalone' s

May 19, 2006 letter to Michael Headley. 13. Attached as Exhibit K is a true and correct copy of Jeffrey Bragalone' s

May 22, 2006 letter to Michael Headley. 14. Attached as Exhibit L is a true and correct copy of Intersil Corporation' s

Objections and Responses To Subpoena From Power Integrations, Inc. 15. Attached as Exhibit M is a true and correct copy of Ruth Lee' s May 26,

2006 letter to Michael Headley enclosing Intersil document production. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 12th day of June, 2006, at Wilmington, Delaware.

/s/ Sean P. Hayes Sean P. Hayes

2

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CERTIFICATE OF SERVICE I hereby certify that on June 12, 2006, I electronically filed with the Clerk of Court using CM/ECF which will send notification of such filing(s) to the following: Steven J. Balick, Esq. John G. Day, Esquire Ashby & Geddes 222 Delaware Avenue, 17th Floor P. O. Box 1150 Wilmington, DE 19899 Attorneys for DefendantCounterclaimant FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC. and FAIRCHILD SEMICONDUCTOR CORPORATION and INTERSIL CORPORATION

I hereby certify that on June 12, 2006, I have mailed by United States Postal Service, 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 Michael W. Shore Alfonso Garcia Chan Jeffrey Bragalone Joseph F. DePumpo Shore Chan Bragalone LLP 325 N. St. Paul Street, Suite 4450 Dallas, TX 75201 Attorneys for Defendants FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC. and FAIRCHILD SEMICONDUCTOR CORPORATION Attorneys for Intersil Corporation

/s/ Sean P. Hayes Sean P. Hayes ([email protected])
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