Power Integrations Inc. v. Fairchild Semiconductor International Inc. et al

Filing 1000

MEMORANDUM ORDER re decision on customer letters and "Facts". Signed by Judge Leonard P. Stark on 11/5/18. (ntl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
POWER INTEGRATIONS, INC.,
Plaintiff,

C.A. No. 08-309 LPS

V.

FAIRCHILD SEMICONDUCTOR
INTERNATIONAL, INC., FAIRCHILD
SEMICONDUCTOR CORPORATION and
FAIRCHILD (TAIWAN) CORPORATION,
Defendants,

MEMORANDUM ORDER
At Wilmington this 5th day of November, 2018:
Having reviewed the parties ' recent submissions (D.I. 987-90), IT IS HEREBY
ORDERED that:
Fairchild ' s objection to the Court' s October 31 Order (D.I. 984) excluding the customer
letters is OVERRULED. While there is relevance to these communications (though notably the
2014 letters post-date approximately 90% of the damages period), the strong countervailing
concerns identified in the Court's earlier Order (see id. at 2-3) substantially outweigh their
probative value. At bottom, the Court' s decision is the logical result of how Fairchild handled
privilege issues during discovery, an issue Fairchild fails to address in its recent letters.
Fairchild's objections to the substance and procedure of the "Facts" contained in the
October 31 Order are OVERRULED, with the exception of a few edits contained in the attached,
revised version of the Facts. For the reasons stated in the earlier Order, the Court believes its
plan to read certain established facts to the jury is the most appropriate approach under the

applicable circumstances. Substantively, the Facts the Court will read to the jury are those that
are supported in the record and that, for one or more reasons, Fairchild is not able to contest, and
are also necessary to permitting both sides to have a full and fair opportunity to present their
cases to the jury, without the trial being derailed by distractions or unfair prejudice.

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HO ORABLE LEONARD P. STARK
UNITED STATES DISTRICT COURT

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
POWER TNTEGRA TIONS, INC.,

Plaintiff,
C.A. No. 08-309 LPS

V.

FAIRCHILD SEMICONDUCTOR
INTERNATIONAL, INC., FAIRCHILD
SEMICONDUCTOR CORPORATION and
FAIRCHILD (TAIWAN) CORPORATION,

Defendants.

FACTS
1.

Fairchild has recognized the importance of Power Integrations ' patents to the industry,
describing them as key patents with epoch making technology.

2.

The importance of frequency jitter technology was known in the industry and to
Fairchild.

3.

Customers in the industry sought the Power Integrations' jitter technology in the
products that they purchased before 2006.

4.

It has not been determined whether customers of Fairchild sought frequency jitter
technology in the products at issue in this case.

5.

Prior to 2004, a particular business unit of Fairchild in Korea not at issue in this case
reverse-engineered Power Integrations ' products with the patented jitter technology.

6.

Prior to 2004, a particular business unit of Fairchild in Korea not at issue in this case
copied the technology in the ' 876 patent.

7.

It has not been determined whether Fairchild reverse-engineered or copied any
technology or products of Power Integrations with respect to the products at issue in this
case.