Free Waiver of Service Executed - District Court of Delaware - Delaware

Case 1 :07-cv—O0633-JJ F-LPS Document 5 Filed 1 1/09/2007 Page 1 of 1
AO399 (Delaware Rev. 7/00)
WAIVER OF SERVICE OF SUMZMON S
TO: William J. Marsden, Jr. (#2247)
Kyle Wagner Compton (#4693)
919 N. Market Street, Suite 1100
P.O. Box ll 14
Wilmington, DE 19899-1114
I, Erik Puknys, acknowledge receipt of your request that I waive service of summons
in the action POWER lNTEGRATIONS, INC. v. BCD SEMICONDUCTOR CORPORATION
AND SHANGHAI SIIVI-BCD SENHCONDUCTOR MANUFACTURING CO., LTD., which is
case number 07-633 in the United States District Court for the District of Delaware.
I have received a copy of the Complaint in the action, two copies of this instrument, and a
means by which I can return the signed waiver to you without cost to me.
I agree to save the cost of service of a summons and an additional copy of the complaint in
this lawsuit by not requiring that I (or the entity on whose behalf I am acting) be served with
judicial process in the manner provided by Rule 4.
I (or the entity on whose behalf I am acting) will retain all defenses or objections to the
lawsuit or to the jurisdiction or venue of the court except for objections based on a defect in the
summons or in the service of the summons.
I understand that a judgment may be entered against me (or the party on whose behalf I am
acting) if an answer or motion under Rule l2 is not served upon you within 60 days after
November 5, 2007.
bbuexn {fen Z0 U ______
(DATE) (SIGNATURE)
Erik Puknys, Esquire, as attorney for
BCD SEMICONDUCTOR CORPORATION
AND SHANGHAI SIM-BCD
SEMICONDUCT OR MANUFACTURING
CO., LTD.
Stanford Research Park
3300 Hillview Avenue
Palo Alto, CA 94304-1203
Duty to Avoid Unnecessary Costs of Service of Summons
Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in saving unnecessary costs of service of the
summons and complaint. A defendant located in the United States who, after being notified of an action and asked by a plaintiff
located in the United States to waive service of summons, fails to do so will be required to bear the cost of such service unless good
cause be shown for its failure to sign and retum the waiver.
lt is not good cause for a failure to waive service that a party believes that the complaint is unfounded, or that the action has been
brought in an improper place or in a court that lacks jurisdiction over the subject matter of the action or over its person or property. A
party who waives service ofthe summons retains all defenses and objections (except any relating to the summons or to the service of
the summons), and may later object to the jurisdiction of the court or to the place where the action has been brought.
A defendant who waives service must within the time specified on the waiver fomr serve on the plaintiffs attomey (or
unrepresented plaintiff) a response to the complaint and must also file a signed copy of the response with the court. [fthe answer or
motion is not served within this time, a default judgment may be taken against that defendant. By waiving service, a defendant is
allowed more time to answer than if the summons had been actually served when the request for waiver of service was received.
80051116.doc

Case 1:07-cv-00633-JJF-LPS

Document 5

Filed 11/09/2007

Page 1 of 1