Free Redacted Document - District Court of Delaware - Delaware

Case 1:04-cv-01371-JJF

Document 374

Filed 09/14/2006

Page 1 of 4

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. DECLARATION OF SEAN P. HAYES IN SUPPORT OF POWER INTEGRATIONS' COMBINED OPPOSITION TO FAIRCHILD'S NINETEEN (19) MOTIONS IN LIMINE FISH & RICHARDSON P.C. William J. Marsden, Jr. (#2247) ([email protected]) Sean P. Hayes (#4413) ([email protected]) 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19899-1114 Telephone: (302) 652-5070 Facsimile: (302) 652-0607 Frank E. Scherkenbach 225 Franklin Street Boston, MA 02110-2804 Telephone: (617) 542-5070 Facsimile: (617) 542-8906 Michael R. Headley Howard G. Pollack 500 Arguello Street, Suite 500 Redwood City, CA 94063 Telephone: (650) 839-5070 Facsimile: (650) 839-5071 Attorneys for Plaintiff POWER INTEGRATIONS, INC. C.A. No. 04-1371 JJF PUBLIC VERSION

Dated: September 11, 2006

Case 1:04-cv-01371-JJF

Document 374

Filed 09/14/2006

Page 2 of 4

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. DECLARATION OF SEAN P. HAYES IN SUPPORT OF POWER INTEGRATIONS' COMBINED OPPOSITION TO FAIRCHILD'S NINETEEN (19) MOTIONS IN LIMINE I, Sean P. Hayes, declare as follows: 1. I am an attorney at Fish & Richardson P.C., counsel of record in this C.A. No. 04-1371-JJF PUBLIC VERSION

action for Plaintiff Power Integrations, Inc. ("Power Integrations"). I am a member of the Bar of the State of Delaware and of this Court. I have personal knowledge of the matters stated in this declaration and would testify truthfully to them if called upon to do so. 2. Attached hereto as Exhibit A is a true and correct copy of an excerpt of the

March 31, 2006 deposition of Shawn Slayton. 3. Attached hereto as Exhibit B is a true and correct copy of an excerpt of the

list of documents considered by Richard Troxel and the Highly Confidential ­ Outside Counsel Only document bearing Bates numbers PIF 53045-46, also from that report. 4. Attached hereto as Exhibit C is a true and correct copy of an excerpt of the

August 25, 2006 Highly Confidential deposition transcript of Richard B. Troxel. 5. Attached hereto as Exhibit D is a true and correct copy of a May 11, 2006

letter from Michael R. Headley to Bas de Blank re U.S. manufacturing.

Case 1:04-cv-01371-JJF

Document 374

Filed 09/14/2006

Page 3 of 4

6.

Attached hereto as Exhibit E is a true and correct copy of a May 22, 2006

letter from Michael R. Headley to Brian VanderZanden re U.S. manufacturing. 7. Attached hereto as Exhibit F is a true and correct copy of a June 7, 2006

email from Michael R. Headley to Brian VanderZanden re U.S. manufacturing discovery. 8. Attached hereto as Exhibit G is a true and correct copy of a July 10, 2006

letter from Michael R. Headley to Bas de Blank re U.S. manufacturing documents. 9. Attached hereto as Exhibit H is a true and correct copy of a July 15, 2006

letter from Michael R. Headley to Bas de Blank re U.S. manufacturing. 10. Attached hereto as Exhibit I is a true and correct copy of an excerpt of the

September 13, 2005 Attorneys' Eyes Only deposition of Chang-Sik Lim. 11. Attached hereto as Exhibit J is a true and correct copy of an excerpt of the

February 16, 2006 Highly Confidential ­ Outside Counsel Only deposition of Mike Shields. 12. Attached hereto as Exhibit K is a true and correct copy of a January 23,

2006 email from Jeff Bragalone re documents produced by Intersil. 13. Attached hereto as Exhibit L is a true and correct copy of an excerpt of the

October 27, 2005 Highly Confidential deposition transcript of Jan Brunnberg. 14. Attached hereto as Exhibit M is a true and correct copy of a May 2, 2006

email from Michael Headley to Brian VanderZanden re prior art dates. 15. Attached hereto as Exhibit N is a true and correct copy of a May 22, 2006

letter from Michael R. Headley to Brian VanderZanden re a prior art stipulation. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 11th day of September, 2006, at Wilmington, Delaware.

/s/ Sean P. Hayes Sean P. Hayes

Case 1:04-cv-01371-JJF

Document 374

Filed 09/14/2006

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on September 14, 2006, I served the PUBLIC VERSION OF DECLARATION OF SEAN P. HAYES IN SUPPORT OF POWER INTEGRATIONS' COMBINED OPPOSITION TO FAIRCHILD'S NINETEEN (19) MOTIONS IN LIMINE on the following:

BY ELECTRONIC MAIL Steven J. Balick, Esq. John G. Day, Esq. Ashby & Geddes 222 Delaware Avenue, 17th Floor P. O. Box 1150 Wilmington, DE 19899 BY ELECTRONIC MAIL G. Hopkins Guy, III Bas de Blank Orrick, Herrington & Sutcliffe, LLP 1000 Marsh Road Menlo Park, CA 94025

Attorneys for DefendantCounterclaimant FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC. and FAIRCHILD SEMICONDUCTOR CORPORATION Attorneys for Defendants FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC. and FAIRCHILD SEMICONDUCTOR CORPORATION

/s/ Sean P. Hayes Sean P. Hayes