Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1:04-cv-01371-JJF

Document 240

Filed 04/13/2006

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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

PLAINTIFF POWER INTEGRATIONS, INC.'S OPPOSITION TO FAIRCHILD'S MOTION TO SHORTEN TIME FOR BRIEFING ON MOTION TO POSTPONE PRETRIAL CONFERENCE Defendant Fairchild's Motion to Shorten Time (D.I. 238) should be denied. Fairchild stipulated to the current case schedule months ago, and should not now--at the eleventh hour--be heard on an expedited basis as to why that schedule should be changed. The pretrial conference has been scheduled since November 3, 2005 (D.I. 128), and Fairchild further agreed to the modified schedule for summary judgment briefing in a stipulation entered on March 7 (D.I. 199). Nevertheless, Fairchild now, more than a month later, argues that its Motion to Postpone the Pretrial Conference should be briefed on an expedited basis that would provide Power Integrations with a mere 48 hours to address the issue. There is no urgency sufficient to distract the parties from their pretrial preparation efforts. To the extent Fairchild claims otherwise, any urgency is entirely of Fairchild's own creation and the Court should not permit it any alleged urgency to be used to prejudice Power Integrations.

Case 1:04-cv-01371-JJF

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Fairchild' s assertion that Power Integrations has "refused to meet and confer" is false. Power Integrations has been trying to work out a schedule and process for exchanging information for the pretrial submissions, but Fairchild has chosen instead to waste time with accusations and needless motion practice. There is nothing standing in the way of Fairchild' s working on its portions of the pretrial order. Fairchild also says the summary judgment briefing should excuse its preparation of the pretrial papers, but Fairchild brought that burden on itself when it filed seven such motions (Power Integrations filed none), and Fairchild must live with its decision. Finally, without suggesting that addressing Fairchild' s motion on the merits is a gargantuan task, expediting the briefing on this issue would prejudice Power Integrations to some degree, as several of Power Integrations attorneys are on vacation with their families this week of Easter and Spring Break. The remaining Power Integrations attorneys (all two of us) should be (and are) working on its pre-trial submissions. Fairchild' s attorneys should be doing the same, rather than wasting time and their client' s money on a letter and motion-writing campaign. Power Integrations should not be forced to divert its resources on short notice to address Fairchild' s motion, particularly in light of the fact that the Court' s normal briefing schedule will allow the issue to be addressed before the pretrial conference in any event. Therefore, the Court should decline to revisit the issue of the schedule for the pretrial conference, a schedule that has been set for more than five months now, in the expedited manner Fairchild suggests.

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Case 1:04-cv-01371-JJF

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Dated: April 12, 2006

FISH & RICHARDSON P.C.

By:

/s/ William J. Marsden, Jr. 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, Massachusetts 02110-2804 Telephone: (617) 542-5070 Facsimile: (617) 542-8906 Howard G. Pollack Michael R. Headley 500 Arguello Street, Suite 500 Redwood City, California 94063 Telephone: (650) 839-5070 Facsimile: (650) 839-5071

Attorneys for Plaintiff POWER INTEGRATIONS, INC.

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Case 1:04-cv-01371-JJF

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CERTIFICATE OF SERVICE I hereby certify that on April 13, 2006, I electronically filed with the Clerk of Court Plaintiff Power Integrations, Inc.' s Opposition to Fairchild' s Motion to Shorten Time for Briefing on Motion to Postpone Pretrial Conference 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. Ashby & Geddes 222 Delaware Avenue, 17th Floor P. O. Box 1150 Wilmington, DE 19899 Attorneys for Defendants FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC. and FAIRCHILD SEMICONDUCTOR CORPORATION

I hereby certify that on April 13, 2006, I have mailed by sent via electronic mail and 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 Attorneys for Defendants FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC. and FAIRCHILD SEMICONDUCTOR CORPORATION

50341700.doc

/s/ William J. Marsden, Jr. William J. Marsden, Jr.