In Re Application for Order Enforcing a Subpoena

Filing 1

APPLICATION for an order enforcing a subpoena Filing fee: $ 39, receipt number 0101-3391886 (Fee Status: Filing Fee paid) (Attachments: # 1 Memorandum in Support of TriQuint Motion to Compel, # 2 Affidavit of Laura T. Ewbank in Support of TriQuint's Motion to Compel, # 3 Exhibit A to Ewbank Aff., # 4 Exhibit B to Ewbank Aff., # 5 Exhibit C to Ewbank Aff., # 6 Exhibit D to Ewbank Aff.) (Burroughs, Allison) (Entered: 05/05/2011)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS TriQuint Semiconductor, Inc., a Delaware corporation, CIVIL ACTION NO. 11-91114 Plaintiff/Counterdefendant, v. Avago Technologies Limited, a Singapore corporation; Avago Technologies U.S., Inc., a Delaware corporation, Avago Technologies Wireless IP (Singapore) Pte., Ltd., a Singapore corporation, Defendants/Counterclaimants. PLAINTIFF'S MOTION TO COMPEL NON-PARTY SKYWORKS SOLUTIONS, INC. TO PRODUCE DOCUMENTS REQUESTED IN THE SUBPOENA DUCES TECUM Plaintiff TriQuint Semiconductor, Inc., ("TriQuint") moves the Court to compel nonparty Skyworks Solutions, Inc. ("Skyworks") to produce documents requested in the subpoena duces tecum served on September 15, 2010. TriQuint has subpoenaed a narrow range of documents from Skyworks, but despite Skyworks' confirmation that it is in possession of documents responsive to the subpoena and numerous meet and confer conversations between the parties over the past seven months, Skyworks has refused to search for and produce all documents responsive to TriQuint's request. WHEREFORE, for the reasons set forth more fully in the accompanying memorandum and affidavit, Skyworks should ordered to produce documents responsive to the subpoena. Dated: May 5, 2011 Respectfully submitted, TRIQUINT SEMICONDUCTOR, INC., /s/ Allison D. Burroughs Allison D. Burroughs (BBO# 609346) NUTTER McCLENNEN & FISH LLP World Trade Center West 155 Seaport Boulevard Boston, Massachusetts 02210 Telephone: (617) 439-2000 Fax: (617) 310-9000 -and/s/ Debra R. Bernard Debra R. Bernard Laura T. Ewbank PERKINS COIE, LLP 131 South Dearborn St. Suite 1700 Chicago, IL 60603-5559 Telephone: (312) 324-8400 Fax: (312) 324-9400 LOCAL RULE 7.1 AND 37.1 CERTIFICATION I hereby certify that counsel for Plaintiff conferred with counsel for Skyworks and attempted in good faith to resolve or narrow the issues presented in this motion. Laura Ewbank, Katherine Galipeau, Susan Foster and/or Debra Bernard on behalf of TriQuint, and Robert Terry and/or Dan Sasse on behalf of Skyworks, conferred by telephone on October 5, 15, and 21, 2010, November 2, 2010, December 7, 2010, February 25, 2011, March 10, 2011, April 15 and 19, 2011, and May 3, 2011. /s/ Allison D. Burroughs CERTIFICATE OF SERVICE I hereby certify that, on May 5, 2011, a copy of the foregoing document was filed through the electronic filing system and served by email and first class mail to counsel for Skyworks and counsel for Avago Technologies. /s/ Allison D. Burroughs 2010039 2

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