Free Amended Complaint - District Court of Delaware - Delaware

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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. 07-633 JJF-LPS

BCD SEMICONDUCTOR CORPORATION, a JURY TRIAL REQUESTED California corporation, and SHANGHAI SIMBCD SEMICONDUCTOR MANUFACTURING CO., LTD., a China corporation, Defendants.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Power Integrations, Inc. hereby alleges as follows:

THE PARTIES 1. Power Integrations, Inc. ("Power Integrations") is incorporated under the

laws of the state of Delaware, and has a regular and established place of business at 5245 Hellyer Avenue, San Jose, California, 95138. 2. Upon information and belief, defendant BCD Semiconductor Corporation

is incorporated under the laws of the state of California, and has a regular and established place of business at 30920 Huntswood Avenue, Suite D, Hayward, California, 94544. 3. Upon information and belief, defendant Shanghai SIM-BCD

Semiconductor Manufacturing Co., Ltd. is incorporated under the laws of the People's Republic of China, with its headquarters located at 800 Yishan Road, Shanghai 200233, China. 4. Defendant BCD Semiconductor Corporation and defendant Shanghai

SIM-BCD Semiconductor Manufacturing Co., Ltd. will hereinafter be collectively referred to as the "Defendants." 1

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JURISDICTION AND VENUE 5. This action arises under the patent laws of the United States, Title 35

U.S.C. § 1 et seq. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a). 6. Upon information and belief, this Court has personal jurisdiction over

Defendants because Defendants have purposely availed themselves of the privilege of conducting activities within this State and District. 7. Upon information and belief, venue is proper in this Court pursuant to 28

U.S.C. §§ 1391(b), 1391(c), and 1400 because Defendants are subject to personal jurisdiction in this judicial District. GENERAL ALLEGATIONS 8. Power Integrations' products include its TOPSwitch®, TinySwitch®,

LinkSwitch®, and DPA-Switch® families of power conversion integrated circuit devices which are used in power supplies for electronic devices such as cellular telephones, LCD monitors, and computers. These products are sold throughout the United States, including Delaware. 9. Upon information and belief, Defendants manufacture pulse width

modulation (" PWM" ) controller integrated circuits devices (e.g., devices intended for use in power conversion applications such as off-line power supplies or battery chargers for portable electronics), and directly and through their affiliates, import, sell, and offer to sell the same throughout the United States, including Delaware. FIRST CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO. 6,107,851 10. forth herein. 11. Power Integrations is now, and has been since its issuance, the assignee The allegations of paragraphs 1-9 are incorporated as though fully set

and sole owner of all right, title, and interest in United States Patent No. 6,107,851, 2

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entitled " Offline Converter with Integrated Softstart and Frequency Jitter" (" the '851 patent" ), which was duly and legally issued on August 22, 2000. A true and correct copy of the '851 patent is attached hereto as Exhibit A. 12. Upon information and belief, Defendants have been and are now

infringing, inducing infringement, and contributing to the infringement of the '851 patent in this District and elsewhere by making, using, selling, offering to sell, and/or importing devices, including PWM integrated circuit devices, covered by one or more claims of the '851 patent, and/or contributing to or inducing the same by third-parties, all to the injury of Power Integrations. 13. Integrations. 14. Defendants' infringement has caused irreparable injury to Power Defendants' acts of infringement have injured and damaged Power

Integrations and will continue to cause irreparable injury until Defendants are enjoined from further infringement by this Court. SECOND CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO. 6,249,876 15. forth herein. 16. Power Integrations is now, and has been since its issuance, the assignee The allegations of paragraphs 1-9 are incorporated as though fully set

and sole owner of all right, title, and interest in United States Patent No. 6,249,876, entitled " Frequency Jittering Control for Varying the Switching Frequency of a Power Supply" (" the '876 patent" ), which was duly and legally issued on June 19, 2001. A true and correct copy of the '876 patent is attached hereto as Exhibit B. 17. Upon information and belief, Defendants have been and are now

infringing, inducing infringement, and contributing to the infringement of the '876 patent in this District and elsewhere by making, using, selling, offering to sell, and/or importing devices, including PWM integrated circuit devices, covered by one or more claims of the 3

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' 876 patent, and/or contributing to or inducing the same by third-parties, all to the injury of Power Integrations. 18. Integrations. 19. Defendants' infringement has caused irreparable injury to Power Defendants' acts of infringement have injured and damaged Power

Integrations and will continue to cause irreparable injury until Defendants are enjoined from further infringement by this Court.

PRAYER FOR RELIEF WHEREFORE, Plaintiff requests the following relief: (a) (b) (c) judgment against Defendants as to infringement of the ' 851 patent; judgment against Defendants as to infringement of the ' 876 patent; a permanent injunction preventing Defendants and their officers, directors,

agents, servants, employees, attorneys, licensees, successors, assigns, and customers, and those in active concert or participation with any of them, from making, using, importing, offering to sell or selling any devices that infringe any claim of the ' 851 or ' 876 patents; (d) judgment against Defendants for money damages sustained as a result of

Defendants' infringement of the ' 851 and ' 876 patents in an amount to be determined at trial; (e) an accounting for infringing sales not presented at trial and an award by

the court of additional damages for any such infringing sales; (f) costs and reasonable attorneys' fees incurred in connection with this action

pursuant to 35 U.S.C § 285; and (g) such other and further relief as this Court finds just and proper. JURY DEMAND Plaintiff requests trial by jury.

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Dated: March 13, 2008

FISH & RICHARDSON P.C.

By: /s/ William J. Marsden, Jr. William J. Marsden, Jr. (#2247) Kyle Wagner Compton (#4693) 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19801 Telephone: (302) 652-5070 Facsimile: (302) 652-0607 Frank E. Scherkenbach 225 Franklin Street Boston, MA 02110-2804 Telephone: (617) 542-5070 Facsimile: (617) 542-8906 Howard G. Pollack Michael R. Headley 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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CERTIFICATE OF SERVICE I hereby certify that on March 13, 2008, I electronically filed with the Clerk of Court the attached FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT using CM/ECF which will send electronic notification of such filing(s) to the following counsel: John G. Day Steven J. Balick Tiffany Geyer Lydon Ashby & Geddes 500 Delaware Avenue, 8th Floor Wilmington, DE 19899 Erik R. Puknys Finnegan, Henderson, Farabow, Garrett & Dunner LLP Stanford Research Park 3300 Hillview Avenue Palo Alto, CA 94304-1203 Attorneys for Defendants BCD SEMICONDUCTOR MANUFACTURING CORPORATION and SHANGHAI SIM-BCD SEMICONDUCTOR MANUFACTURING, CO., LTD Attorneys for Defendants BCD SEMICONDUCTOR MANUFACTURING CORPORATION and SHANGHAI SIM-BCD SEMICONDUCTOR MANUFACTURING, CO., LTD

I hereby certify that on March 13, 2008, I have mailed by United States Postal Service, the document(s) to the following non-registered participants: Robert L. Burns Finnegan, Henderson, Farabow, Garrett & Dunner LLP Two Freedom Square 11955 Freedom Drive Reston, VA 20190-5675 E. Robert Yoches Finnegan, Henderson, Farabow, Garrett & Dunner LLP 901 New York Avenue, NW Washington, DC 20001-4413 Attorney for Defendants BCD SEMICONDUCTOR MANUFACTURING CORPORATION and SHANGHAI SIM-BCD SEMICONDUCTOR MANUFACTURING, CO., LTD Attorneys for Defendants BCD SEMICONDUCTOR MANUFACTURING CORPORATION and SHANGHAI SIM-BCD SEMICONDUCTOR MANUFACTURING, CO., LTD

/s/ William J. Marsden, Jr. William J. Marsden, Jr. (#2247) [email protected]
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Exhibit A

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Exhibit B

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