Free Order on Motion to Compel - District Court of Delaware - Delaware

Case 1:04-cv-01371-JJF Document 189 Filed 02/07/2006 Page 1 014
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
POWER INTEGRATIONS, INC., a z
Delaware corporation, ;
Plaintiff, :
v. : C.A. No. 04-1371-JJF
FAIRCHILD SEMICONDUCTOR :
INTERNATIONAL, INC., a Delaware :
corporation, and FAIRCHILD :
SEMICONDUCTOR CORPORATION, a :
Delaware corporation, :
Defendants. :
MEMORANDUM ORDER
Presently before the Court is a Motion To Compel The
Deposition Of Leif Lund And Balu Balakrishnan (D.I. 177) filed by
Defendants, Fairchild Semiconductor International, Inc., and
Fairchild Semiconductor Corporation (collectively, “Fairchild”).
By its Motion, Fairchild seeks to continue the depositions of two
inventors of the patents asserted by Power Integrations, Inc.
(“Power Integrations”). Fairchild contends that on the eve of
the final day of Mr. Balakrishnan's deposition and three months
after Mr. Lund’s deposition, Power Integrations produced
schematics sought by Fairchild during the initial stages of
discovery that Power Integrations had represented were
destroyed.l In light of this late production, Fairchild contends
l Document production was to be completed by June 30,
2005, but these schematics were not produced until November 1,
2006. The late production consisted of 726 pages of schematics
and other technical documents.

Case 1:04-cv-01371-JJF Document 189 Filed O2/07/2006 Page 2 of 4
that it should have the opportunity to continue its deposition of
these witnesses. Specifically, Fairchild requests the
opportunity to question Mr. Lund and Mr. Balakrishnan about the
late produced documents and to explore with Mr. Balakrishnan
other areas that Fairchild was forced to forgo during the
deposition so that it could begin its questioning about the late
produced documents.
In response, Power Integrations contends Fairchild did not
request these documents until its Second Set of Requests for
Production on May 31, 2005. Power Integrations contends that it
provided these schematics promptly upon learning that one
employee, David Kung, who had been out on medical leave with a
serious illness, had a few small binders containing these
documents. Power Integrations contends that Fairchild did not
request a continuance of Mr. Balakrishnan’s deposition and did
not raise the issue of prejudice related to these documents until
December 21, 2005, a month after the deposition of Mr.
Balakrishnan. Power Integrations contends that Fairchild took
extensive testimony from both Mr. Balakrishnan and Mr. Lund about
the SMP products, and that further testimony is not necessary and
would be cumulative. Power Integrations further contends that
Fairchild can have its own experts read and interpret these
documents.
Fairchild requested the documents in question during the
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Case 1:04-cv-01371-JJF Document 189 Filed O2/07/2006 Page 3 of 4
discovery process, and regardless of the reason, it is undisputed
that Power Integrations produced this discovery well beyond the
document production deadline. As a result, Fairchild was
deprived of the opportunity to question witnesses about documents
it believes are important to its case. Accordingly, the Court
concludes that additional deposition time is necessary to provide
Fairchild with the opportunityito discuss these documents with
Mr. Lund and Mr. Balakrishnan.? Power Integrations contends that
Mr. Lund already testified about his recollection of the SMP
parts; however, Fairchild has the right to test and/or refresh
his recollection with the late produced documents. In addition,
the Court concludes that Fairchild is entitled to further time
with Mr. Balakrishnan to finish its questioning about the late
produced documents and to cover those areas of testimony that
Fairchild was forced to forgo so as to be able to begin exploring
the late produced documents. To ensure that the continuation of
these depositions is narrowly tailored to the above—described
purposes and to avoid Power Integrations' concerns about
cumulative testimony, the Court will limit Fairchild to five (5)
additional hours with Mr. Lund and seven (7) additional hours
with Mr. Balakrishnan.
NOW THEREFORE, IT IS HEREBY ORDERED this §?_ day of February
2006 that:
1. Defendants' Motion To Compel The Deposition Of Leif
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Case 1:04-cv-01371-JJF Document 189 Filed O2/07/2006 Page 4 of 4
Lund And Balu Balakrishnan (D.I. 177) is GRANTED.
2. The parties shall meet and confer on dates for the
continued depositions of Leif Lund and Balu Balakrishnan.
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