Free Declaration - District Court of Delaware - Delaware

Case 1:04-cv-01371-JJF

Document 131

Filed 11/11/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE POWER INTEGRATIONS, INC., Plaintiff, v. FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC., and FAIRCHILD SEMICONDUCTOR CORPORATION Defendants. ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 04-1371-JJF

DECLARATION OF RICHARD C. WINGATE, GENERAL COUNSEL OF LG ELECTRONICS U.S.A. INC.

Of Counsel: Andrew C. Sonu Lionel M. Lavenue FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. Two Freedom Square 11955 Freedom Drive Reston, Virginia 20190 Telephone: (571) 203-2700 Facsimile: (202) 408-4400 [email protected] [email protected] Dated: November 11, 2005

ASHBY & GEDDES Steven J. Balick (I.D. #2114) John G. Day (I.D. #2403) Tiffany Geyer Lydon (I.D. #3950) 222 Delaware Avenue, 17th Floor P.O. Box 1150 Wilmington, DE 19899 302-654-1888 [email protected] [email protected] [email protected] Attorneys for LG Electronics U.S.A., Inc.

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I, Richard C. Wingate, declare as follows: I am employed by LO Electronics U.S.A., Inc. ("LOE-USA"), where I hold the position of Oeneral Counsel. I submit this declaration in support of LO Electronics U.S.A. Inc.'s combined (i) Objections to Subpoena Duces Tucem and (ii) Motion to Quash Subpoena Ad Testificandum and for a Protective Order. The statements made herein are based upon my personal knowledge, and if called on as a witness, I would testify as to the following: 1. On September 13,2005, Power Integrations, Inc. ("Power Integrations") served a Subpoena Duces Tucem and Subpoena Ad Testificandum (collectively "Subpoena") on LOEUSA. The Subpoena requested the production of documents and things on September 23,2005 and the deposition of LOE-USA on September 26,2005. Subsequently, on September 22, 2005,

I understand that Power Integrations stipulated to an extension oftime for the Subpoena, extending the time for any responses until September 30,2005, and that a second stipulation was subsequently entered, extending the time for any responses until October 14, 2005, and that a third stipulation was subsequently entered, again extending the time for any responses until November 11,2005. 2. LOE-USA has reviewed the Subpoena and concluded that it does not have any documents or things responsive to the document requests. Moreover, LOE-USA does not have any of the information that Power Integrations seeks through its noticed deposition topics, particularly as the information requested relates to the requested documents. 3. Specifically, LOE-USA has no familiarity with the 43 Fairchild integrated circuits listed in the Subpoena. Thus, LOE-USA has no responsive documents or information. 4. LOE-USA is primarily in the business of distributing and marketing consumer electronic products (such as audio and video devices, home appliances, and computer products) within the United States that are designed, manufactured, or assembled by LO Electronics, Inc. of Korea ("LOE-Korea"). LOE-USA purchases these consumer electronic products from LOE-

Korea and then imports, markets, and sells them in the United States. Although LOE-USA

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imports, markets, and sells consumer electronic products that are designed, manufactured, or assembled by LGE-Korea, LGE-USA does not have information about the design, manufacture, or assembly of those products, at least nothing that would identify the name of the circuit suppliers used by LGE-Korea. LGE-USA does have service manuals for the products that it imports, markets, and sells in the United States, but the service manuals do not identify the name of the circuit suppliers used by LGE-Korea to design, manufacture, or assemble those products. The parts listings in the service manuals simply contain "LG numbers," which do not identify the name of the circuit suppliers used by LGE-Korea for those products. Therefore, LGE-USA does not have documents or information for the products that it sells from LGE-Korea that identify the names of the suppliers for the components of any of those products. 5. In addition to the consumer electronic products imported, marketed, and sold by LGE-USA in the United States that are designed, manufactured, or assembled by LGE-Korea, LGE-USA also designs, manufactures, and sells a small number of television and televisionrelated products in the United States, such as television-related products sold to hotels, hospitals, and schools for television viewing and/or television programming control. LGE-USA has reviewed all parts lists, schematics, and any other documents and information regarding these television-related products, and LGE-USA does not have any information indicating that these products contain any of the 43 Fairchild integrated circuits listed in the Subpoena. 6. LGE-USA, a subsidiary ofLGE-Korea, is a Delaware corporation within the United

States, with a principal place of business at 1000 Sylvan Avenue, Englewood Cliffs, NJ 07632. 7. LGE-Korea is a Korean corporation headquartered in Seoul, Korea, with a principle place of business at LG Twin Towers 20, Yoido-dong, Youngdungpo-gu, Seoul 150-721, Korea. In the United States, LGE-Korea uses subsidiaries, including LGE-USA, to market its products. Other LGE-Korea subsidiaries in the United States include LG Electronics Alabama, Inc., LG Electronics MobileComm U.S.A., Inc., and LG Electronics Mobile Research U.S.A., LLC.

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8. LGE-USA and LGE-Korea are separate and independent legal entities. 9. LGE-USA does not have control over LGE-Korea, particularly as a subsidiary. 10. LGE-USA does not have possession, custody, or control of information pertaining to consumer electronic products designed, manufactured, or assembled by LGE-Korea, at least nothing that would identify the name of the circuit suppliers used by LGE-Korea, including approved parts lists and/or authorized suppliers and/or sub-contractors, and further including either bill of materials and/or specifications and/or schematics. For this reason, LGE-USA also does not have possession, custody, or control of information pertaining to the importation volumes of consumer electronic products designed, manufactured, or assembled by LGE-Korea, at least nothing that would identify the name of the circuit suppliers used by LGE-Korea. 11. Following a reasonable search, LGE-USA did not identify any responsive and/or relevant communications between LGE-USA and Fairchild Semiconductor Corporation, Fairchild Semiconductor International, Inc., and/or Fairchild Semiconductor Korea.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 1L-th day of November 2005, at

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CERTIFICATE OF SERVICE I hereby certify that on the 11h day of November, 2005, the attached DECLARATION OF RICHARD C. WINGATE, GENERAL COUNSEL OF LG ELECTRONICS U.S.A. INC. was served upon the below-named counsel of record at the address and in the manner indicated: William J. Marsden, Jr., Esquire Fish & Richardson P.C. 919 N. Market Street, Suite 1100 Wilmington, DE 19899 Frank E. Scherkenbach, Esquire Fish & Richardson P.C. 225 Franklin Street Boston, MA 02110-2804 Michael Kane, Esquire Fish & Richardson P.C. 60 South Sixth Street 3300 Dain Rauscher Plaza Minneapolis, MN 55402 Howard G. Pollack, Esquire Fish & Richardson P.C. 500 Arguello Street, Suite 500 Redwood City, CA 94063 Andre G. Bouchard, Esquire Bouchard Margules & Friedlander, P.A. 222 Delaware Avenue, Suite 1400 Wilmington, DE 19801 Bas de Blank, Esquire Orrick, Herrington & Sutcliffe LLP 1000 Marsh Road Menlo Park, CA 94025 HAND DELIVERY

VIA FEDERAL EXPRESS

VIA FEDERAL EXPRESS

VIA FEDERAL EXPRESS

HAND DELIVERY

VIA FEDERAL EXPRESS

/s/ Tiffany Geyer Lydon _____________________________ Tiffany Geyer Lydon
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