Free Notice (Other) - District Court of Delaware - Delaware

Case 1:08-cv-00309-JJF-LPS

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Filed 05/23/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

POWER INTEGRATIONS, INC., a Delaware corporation, Plaintiff,
V.

C.A. No. FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC., a Delaware corporation, FAIRCHILD SEMICONDUCTOR CORPORATION, a Delaware corporation, and SYSTEM GENERAL CORPORATION, a Taiwanese corporation, Defendants. JURY TRIAL REQUESTED

NOTICE OF RELATED CASES UNDER DELAWARE LOCAL RULE 3.1 1. RELATED CASES

Power Integrations, Inc. v. Fairchild Semiconductor International, Inc. and Fairchild Semiconductor Corporation, Civil Action No. 04-1371 JJF (D. Del.) ("Fairchild 1") Power Integrations, Inc. v. BCD Semiconductor Corporation and Shanghai SIM-BCD Semiconductor Manufacturing, Co., Ltd., Civil Action No. 07-633 JJF- LPS (D. Del.) BCD Semiconductor Corporation and Shanghai SIM-BCD Semiconductor Manufacturing, Co. v. Power Integrations, Inc., Case No. 3:08-cv-00372 MMC (N.D. Cal.) Power Integrations, Inc. v. System General Corp. and System General USA, Case No. 3:04-cv02581-JSW (N.D. Cal.) and In the Matter of CERTAIN POWER SUPPLY CONTROLLERS AND PRODUCTS CONTAINING SAME, ITC Investigation No. 337-TA-541 II. DISCUSSION Delaware Civil Local Rule 3.1 (b) provides that "[c]ounsel for a plaintiff in a civil action shall indicate on the civil cover sheet of such action and one or more other civil actions or proceedings previously decided or currently filed in this District or any other court .... (2) involve the same or substantially the same parties ... [or] (3) involve the same patent or the

Case 1:08-cv-00309-JJF-LPS

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Filed 05/23/2008

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same trademark." Pursuant to this Rule, Plaintiff Power Integrations, Inc. ("Power Integrations") submits the following statement. This case is an action for infringement of United States Patent Nos. 6,107,851 ("the '851 patent"); 6,249,876 ("the '876 patent"); and 7,110,270 ("the '270 patent"), all of which are owned by Power Integrations . At present, Power Integrations has two pending cases before Judge Joseph J. Farnan , Jr., both of which involve both the '876 patent and the '851 patent. During the course of the Fairchild I case, Judge Farnan construed the claims of the '8 76 and '851 patents , and presided over two jury trials on the ' 876 and ' 851 patents . In those trials, Delaware juries found that the patents were valid and infringed, including during a recent jury trial in September 2007, which affirmed the validity of the '876 and '851 patents. Power Integrations, Inc. v. System General Corp. and System General USA , Case No. 3:04-cv-02581 -JSW (N.D . Cal.) and In the Matter of CERTAIN POWER SUPPLY CONTROLLERS AND PRODUCTS CONTAINING SAME , ITC Investigation No. 337-TA-541 are both previous actions with overlapping parties but different patents; both proceedings have concluded. The ITC confirmed that the Power Integrations patents asserted in those matters are valid, enforceable , and infringed and issued an exclusion order prohibiting the importation of infringing System General chips and certain downstream products incorporating the infringing chips. The Federal Circuit affirmed the ITC's findings in all respects, and Power Integrations and System General subsequently dismissed the California case without prejudice , subject to the condition that any suit on the four patents at issue in that case (none of which are at issue in this case) be brought in the Northern District of California.

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Case 1:08-cv-00309-JJF-LPS

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Filed 05/23/2008

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Dated: May 23, 2008

FISH & RICHARDSON P.C.

By: Kyle Wagner Campton (#4693) 919 N. Market Street,--Suite 1100 P.O. Box 1114 Wilmington, DE 19801 Telephone: (302) 652-5070 Facsimile: (302) 652-0607 Email: marsdenra-,;fr.com kcompton(@fr.com Frank E. Scherkenbach 225 Franklin Street Boston, MA 02 1 1 0-2804 Telephone: (617) 542-5070 Facsimile: (617) 542-8906 Howard G. Pollack Michael R. Headley Scott A. Penner 500 Arguello Street, Suite 500 Redwood City, CA 94063 Telephone: (650) 839-5070 Facsimile: (650) 839-5071
ATTORNEYS FOR PLAINTIFF POWER INTEGRATIONS, INC.

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