Free Motion for Preliminary Injunction - District Court of Delaware - Delaware

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

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE POWER INTEGRATIONS, INC., a Delaware corporation, Plaintiff, v. BCD SEMICONDUCTOR CORPORATION, a California corporation, SHANGHAI SIM-BCD SEMICONDUCTOR MANUFACTURING, CO., LTD, a China corporation, Defendants. POWER INTEGRATIONS' MOTION FOR ENTRY OF A PRELIMINARY INJUNCTION Plaintiff Power Integrations, Inc. ("Power Integrations") hereby respectfully moves this Court to enter an Order ENJOINING and RESTRAINING Defendants BCD Semiconductor Corporation and Shanghai SIM-BCD Semiconductor Manufacturing Co., LTD (collectively, "BCD") and their successors, assigns, officers, agents, servants, employees, attorneys, and persons in active concert or participation with them (including any affiliated entities) from inducing, contributing to, or otherwise causing the infringement of claim 1 of U.S. Patent No. 6,249,876 B1 by (1) making, using, selling, offering to sell in the United States, or importing into the United States infringing devices, including specifically the AP3700, AP3700A, AP3700E and any other integrated circuit products not more than colorably different from these products, and/or power converters or other components or products containing such an integrated circuit, and (2) inducing, contributing to, or otherwise causing the same by third-parties. C.A. No. 07-633-JJF

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Dated: January 25, 2008

FISH & RICHARDSON P.C.

By: /s/ Kyle Wagner Compton William J. Marsden, Jr. (#2247) Kyle Wagner Compton (#4693) 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19899-1114 Telephone: (302) 652-5070 Email: [email protected] Frank E. Scherkenbach 225 Franklin Street Boston, MA 02110-2804 Telephone: (617) 542-5070 Howard G. Pollack Michael Headley 500 Arguello Street, Suite 500 Redwood City, CA 94063 Telephone: (650) 839-5070 ATTORNEYS FOR PLAINTIFF POWER INTEGRATIONS, INC.

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CERTIFICATE OF SERVICE I hereby certify that on January 25, 2008, I electronically filed POWER INTEGRATIONS' MOTION FOR ENTRY OF A PRELIMINARY INJUNCTION with the Clerk of Court using CM/ECF which will send notification of such filing(s) to the following, who was also served via hand delivery: Steven J. Balick John G. Day Tiffany Geyer Lydon 500 Delaware Avenue, 17th Floor P.O. Box 1150 Wilmington, DE 19899 Attorneys for Defendants BCD SEMICONDUCTOR CORPORATION and SHANGHAI SIM-BCD SEMICONDUCTOR MANUFACTURING, CO., LTD

I also certify that on January 25, 2008, I sent the document to the following individuals via electronic and first class mail: E. Robert Yoches Joyce Craig Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. 901 New York Avenue, NW Washington, DC 20001-4413 Erik R. Puknys Finnegan, Henderson, Farabow, Garrett & Dunner LLP Stanford Research Park 3300 Hillview Avenue Palo Alto, CA 94304-1203 Robert L. Burns Finnegan, Henderson, Farabow, Garrett & Dunner LLP Two Freedom Drive Reston, VA 20190-5675 Attorneys for Defendants BCD SEMICONDUCTOR CORPORATION and SHANGHAI SIM-BCD SEMICONDUCTOR MANUFACTURING, CO., LTD Attorneys for Defendants BCD SEMICONDUCTOR CORPORATION and SHANGHAI SIM-BCD SEMICONDUCTOR MANUFACTURING, CO., LTD Attorneys for Defendants BCD SEMICONDUCTOR CORPORATION and SHANGHAI SIM-BCD SEMICONDUCTOR MANUFACTURING, CO., LTD /s/ Kyle Wagner Compton Kyle Wagner Compton
50461505.doc

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE POWER INTEGRATIONS, INC., a Delaware corporation, v. Plaintiff, C.A. No. 07-633-JJF

BCD SEMICONDUCTOR CORPORATION, a California corporation, SHANGHAI SIM-BCD SEMICONDUCTOR MANUFACTURING, CO., LTD, a China corporation, Defendants.

[PROPOSED] ORDER GRANTING PRELIMINARY INJUNCTION GOOD CAUSE HAVING BEEN SHOWN, the Court hereby finds as follows: 1. Plaintiff Power Integrations, Inc. ("Power Integrations") has demonstrated a

reasonable likelihood of success on the merits of proving that Defendants BCD Semiconductor Corporation and Shanghai SIM-BCD Semiconductor Manufacturing Co., LTD (collectively, "BCD") infringe claim 1 of Power Integrations' U.S. Patent No. 6,249,876 B1. 2. Power Integrations will be irreparably harmed if a preliminary injunction is not

granted to prevent further infringement by BCD. 3. 4. 5. The balance of the hardships favors Power Integrations. There is no public interest in permitting further infringement by BCD at this time. IT IS HEREBY ORDERED that pursuant to 35 U.S.C. § 283, BCD and its

successors, assigns, officers, agents, servants, employees, attorneys, and persons in active concert or participation with them (including any affiliated entities), during the period commencing on the date hereof and through and including the date of expiration of the patent, are hereby

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ENJOINED and RESTRAINED from infringing and from inducing or contributing to the infringement of Claim 1 of U.S. Patent No. 6,249,876 B1 by (1) making, using, selling, offering to sell in the United States, or importing into the United States infringing devices, including specifically the AP3700, AP3700A, AP3700E, and any other integrated circuit products not more than colorably different from these products, and/or power converters or other components or products containing such an integrated circuit, and (2) inducing, contributing to, or otherwise causing the same by third-parties. 6. BCD is required, within 10 business days of its issuance, to provide notice of this

Order to all distributors, customers, or other third-parties who have ordered, received or purchased any of the parts enumerated in paragraph 5 above from BCD or any affiliated entity. IT IS SO ORDERED.

Judge Joseph J. Farnan, Jr.

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