Free Declaration - District Court of Delaware - Delaware

Case 1 :04-cv-01371-JJF Document 140 Filed 12/O2/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
POWER INTEGRATIONS, H\IC., a
Delaware corporation,
Plaintiff,
v.
FAIRCHILD sEM1coN1>UcroR C·A· N°· °4‘l37l‘UF
INTERNATIONAL, INC., a Delaware
corporation, and FAIRCHILD
SEMICONDUCTOR CORPORATION, a
Delaware corporation,
Defendants.
DECLARATION OF MICHAEL R. HEADLEY IN SUPPORT OF POWER
INTEGRATIONS, INC.’S MOTION TO COMPEL DAMAGES DISCOVERY
I, Michael R. Headley, declare as follows:
l. I am an associate of Fish & Richardson P.C., counsel of record in this
action for Plaintiff Power Integrations ("Power Integrations"). I am a member of the Bar
of the State of California. 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 hereto as Exhibit A is a true and correct copy of Power
Integrations, Inc.’s First Notice of Deposition of Fairchild Semiconductor International,
Inc. and Fairchild Semiconductor Corporation ("Fairchild") Pursuant to Federal Rule of
Civil Procedure 30(b)(6).
3. Attached hereto as Exhibit B is a true and correct copy of a letter from
Bas de Blank, counsel for Fairchild, to Howard Pollack, counsel for Power Integrations,
dated August 30, 2005. In Exhibit B, Mr. de Blank designated Mr. S.T. Im to testify with
respect to topics related to sales, pricing, profits, and distribution of Fairchild’s accused
infringing products.

Case 1:O4—cv—O1371-JJF Document 140 Filed 12/O2/2005 Page 2 of 4
4. Attached hereto as Exhibit C is a true and correct copy of a letter from
Howard Pollack to Bas de Blank, dated September 22, 2005. This copy of the letter does
not attach a chart that was attached to the original letter, as that chart contains
information designated confidential by Fairchild under the protective order.
5. Attached hereto as Exhibit D is a true and correct copy of a letter from
Gina Steele sent to Bas de Blank, dated October 25, 2005, setting forth a number of
deficiencies in the Fairchild witnesses’ testimony.
6. Attached hereto as Exhibit E is a true and correct copy of a letter from
Frank Scherkenbach to G. Hopkins Guy and Bas de Blank, dated October 26, 2005,
setting forth a number of deficiencies in Fairchild’s production of financial data and
documents.
7. Attached hereto as Exhibit F is a true and correct copy of an e-mail I sent
Bas de Blank on October 21, 2005 regarding the production of documents and the
schedule for depositions, among other issues.
8. Attached hereto as Exhibit G is a true and correct copy of an e-mail I sent
Bas de Blank on November 14, 2005 regarding long-standing deficiencies in Fairchild’s
production of financial information.
9. Attached hereto as Exhibit H is a true and correct copy of a letter I sent G.
Hopkins Guy and Bas de Blank on November 17, 2005 regarding outstanding financial
data and testimony from Fairchild.
10. Attached hereto as Exhibit I is a true and correct copy of a letter I sent
Bas de Blank on November 26, 2005 regarding outstanding financial data and testimony
from Fairchild. In this letter I asked for production of documents and the identification of
witnesses by November 30, 2005, but I have yet to receive any response to my letter.
11. Attached hereto as Exhibit J is a true and correct copy of a letter from Bas
de Blank dated November 14, 2005.
2

Case 1 :04-cv-01371-JJF Document 140 Filed 12/02/2005 Page 3 of 4
12. Fairchild has produced only a few useful financial doctunents in this case,
and all of Fairchild’s financial information to date has been produced on paper. The vast
majority of Fairchild’s financial information produced to date consists of tens of
thousands of pages of useless printouts hom tmidentified databases.
I3. January presents an unusually busy month for Power Integrations and its
counsel. In addition to the cutoff for expert technical depositions (Jan. 9), January also
contains the deadline for Power Integrations’ opening expert damages report (Jan. l0)
and the deadline for responsive Markman briefs (Jan. 17). At the same time, Power
Integrations and its counsel are preparing for and will be attending a trial before the
Intemational Trade Commission, currently scheduled to begin in mid-January.
I declare under penalty of perjury under the laws of the United States of America
that the foregoing is true and correct. ‘
Executed this'24 day of December, 2005, at GQ, .
dichael R. Headley
3

Case 1:04—cv—01371-JJF Document 140 Filed 12/02/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on December 2, 2005, 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. Attorneys for Defendant-
John G. Day, Esq. Counterclaimant
Ashby & Geddes FAIRCHILD SEMICONDUCTOR
222 Delaware Avenue, 17th Floor INTERNATIONAL, INC. and
P. O. Box 1150 FAIRCHILD SEMICONDUCTOR
Wilmington, DE 19899 CORPORATION
I hereby certify that on December 2, 2005, I have mailed by United States Postal
Service, the document(s) to the following non—registered participants:
G. Hopkins Guy, III Attorneys for Defendants
Bas de Blank FAIRCHILD SEMICONDUCTOR
Duo Chen INTERNATIONAL, INC. and
Orrick, Herrington & Sutcliffe, LLP FAIRCHILD SEMICONDUCTOR
1000 Marsh Road CORPORATION
Menlo Park, CA 94025
/s/ Sean P. Hayes
Sean P. Hayes
10575604.doc