Free Trial Management Order - District Court of Delaware - Delaware


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Date: November 21, 2006
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State: Delaware
Category: District Court of Delaware
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Case1:O4-cv-01371-JJF Document 432 FiIed11/21/2006 Page10f3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
POWER INTEGRATIONS, INC., a :
Delaware corporation, g U
Plaintiff, i
v. i C.A. No. 04-1371-JJF
FAIRCHILD SEMICONDUCTOR i
INTERNATIONAL, INC., a Delaware :
corporation, and FAIRCHILD :
SEMICONDUCTOR CORPORATION, a :
Delaware corporation, :
Defendants. i
TRIAL MANAGEMENT ORDER
The Validity and Inequitable Conduct Trial in this matter g
will commence on Monday, December 4, 2006 at 9:30 a.m. The Court
has reviewed the Proposed Pretrial Order, specifically the
witness and exhibit lists submitted by each side and issues of
fact to be litigated. Based on this review, the Court has
determined that the following schedule and procedures will allow
for an efficient and fair presentation of each party’s case. i
1. nh
(a) Plaintiff is allocated nine and one half hours
(9.5) in court trial time for opening statement, direct and cross
examinations, and argument on evidence issues.
(b) Defendant is allocated nine and one half hours
(9.5) hours in court trial time for opening statement, direct and
cross examinations, and argument on evidence issues.

Case 1:04-cv-01371-JJF Document 432 Filed 11/21/2006 Page 2 of 3
(c) Opening statements are limited to one (l) hour.
(d) Closing arguments are not included in the time
allocations.
p (e) The trial schedule is as follows:
Monday, December 4, 2006 — 9:30 a.m. to 5:00 p.m.
Tuesday, December 5, 2006 - 9:00 a.m. to 5:00 p.m.
Wednesday, December 6, 2006 — 9:00 a.m. to 5:00 p.m.
Thursday, December 7, 2006 — 9:00 a.m. to the completion of
closing statements.
(f) Forty—five (45) minutes will be allotted for a
lunch break each day.
2. Witnesses
In accordance with Fed. R. Civ. P. 611 (a) the
examination of witnesses will be conducted as follows:
(a) Counsel shall not offer testimony or exhibits that
are duplicative or cumulative.
(b) Each witness is subject to direct, cross and re-
direct examination. No further examination is permitted.
(c) Rebuttal witnesses will be permitted only if:
(i) called by a party with the burden of proof and
noticed in the Pre—trial Order.
(ii) such a witness is necessary to avoid an
injustice and cause is established.
(d) One lawyer per party is permitted to examine a
witness.

Case 1:04-cv-01371-JJF Document 432 Filed 11/21/2006 Page3of3
3. Jury Instructions
Parties shall submit Proposed Jury Instructions, and
. Verdict Form on disk in WordPerfect Format, no later than 9:00
a.m. on Tuesday, December 5, 2006.
4. Exhibits
The parties shall premark and hand up any exhibits
_ admitted into evidence during the course of each trial day at the
end of that trial day.
C 5. Courtroom Demeanor
(a) Counsel may use the podium at his or her discretion.
(b) The Court does not conduct sidebar conferences. If
a matter needs to be addressed outside the hearing of the jury,
counsel shall bring it to the Court's attention at the conclusion
of the trial day. ~
n (c) Counsel should avoid requesting “read backs" by the
Court Reporter; however, if a read back is believed necessary, _
counsel shall address the request to the Court.
(d) Counsel shall stand whenever the jury enters or
exits the courtroom.
(e) Counsel shall stand whenever he or she speaks in the -
courtroom. U
(f) Food and beverages, other than the water provided by
the Court, are not permitted in the Courtroom at any time.
November 21, 2006 ~Aa;..•,. . »_ ,,,_,_ `..
DATE 6 ED TAT 9 DISTRICT •.~* °