Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1:04-cv-01371-JJF

Document 573-2

Filed 10/24/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE POWER INTEGRATIONS, INC., a Delaware corporation, Plaintiff, V. FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC., a Delaware corporation, and FAIRCHILD SEMICONDUCTOR CORPORATION, a Delaware corporation, Defendants. C.A. No. 04-1371-JJF

[PROPOSED ] ORDER GRANTING POWER INTEGRATIONS ' MOTION FOR ENTRY OF JUDGMENT OF NO INEQUITABLE CONDUCT RE U.S. PATENT NO. 6,249,876 Having considered Plaintiff Power Integrations, Inc.'s ("Power Integrations") Post-Trial Motion for Entry of Judgment of No Inequitable Conduct re U.S. Patent No. 6,249,876, the parties' respective briefing, and arguments thereon, and pursuant to Federal Rule of Civil Procedure 52, IT IS HEREBY ORDERED that: 1. Defendants Fairchild Semiconductor Corp. and Fairchild Semiconductor

International, Inc. (collectively, "Fairchild") have failed to prove inequitable conduct with respect to U.S. Patent No. 6,249,876 (the "'876 Patent"); 2. Fairchild has not established that Power Integrations withheld any material

information from the Patent Office during the prosecution of the application that resulted in issuance of the '876 Patent;

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Case 1:04-cv-01371-JJF

Document 573-2

Filed 10/24/2007

Page 2 of 2

3.

Given that there was no failure to disclose any material information during the

prosecution of the application that resulted in issuance of the ' 876 Patent, the Court need not reach the issue of intent; 4. 5. the ' 876 Patent is enforceable; and judgment is hereby entered AGAINST Fairchild on its claim that the '876 Patent

is unenforceable. This day of , 2007.

Joseph J. Farnan, Jr. United States District Judge

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