Opinion
Case No. 09-cv-05235-MMC
03-19-2013
POWER INTEGRATIONS, INC., a Delaware corporation, Plaintiff, v. FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC., a Delaware corporation, FAIRCHILD SEMICONDUCTOR CORPORATION, a Delaware corporation, and SYSTEM GENERAL CORPORATION, a Taiwanese corporation, Defendant.
Frank E. Scherkenbach (SBN 142549) FISH & RICHARDSON P.C. Howard G. Pollack (SBN 162897) Michael R. Headley (SBN 220834) FISH & RICHARDSON P.C. Attorneys for Plaintiff POWER INTEGRATIONS, INC. Terrence P. McMahon (SBN 71910) McDERMOTT WILL & EMERY LLP Blair M. Jacobs (admitted pro hac vice ) Christina Ondrick (admitted pro hac vice ) McDERMOTT WILL & EMERY LLP Jeremy T. Elman (SBN 223696) McDERMOTT WILL & EMERY LLP Attorneys for Defendants FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC., FAIRCHILD SEMICONDUCTOR CORP., and SYSTEM GENERAL CORPORATION
Frank E. Scherkenbach (SBN 142549)
FISH & RICHARDSON P.C.
Howard G. Pollack (SBN 162897)
Michael R. Headley (SBN 220834)
FISH & RICHARDSON P.C.
Attorneys for Plaintiff
POWER INTEGRATIONS, INC.
Terrence P. McMahon (SBN 71910)
McDERMOTT WILL & EMERY LLP
Blair M. Jacobs (admitted pro hac vice)
Christina Ondrick (admitted pro hac vice)
McDERMOTT WILL & EMERY LLP
Jeremy T. Elman (SBN 223696)
McDERMOTT WILL & EMERY LLP
Attorneys for Defendants FAIRCHILD
SEMICONDUCTOR INTERNATIONAL, INC.,
FAIRCHILD SEMICONDUCTOR CORP., and
SYSTEM GENERAL CORPORATION
STIPULATED NOTICE OF
WITHDRAWAL AND UNOPPOSED
MOTION AND [PROPOSED] ORDER
FOR LEAVE EXTENDING PAGE LIMITS
ON CLAIM CONSTRUCTION BRIEFING
RE '700 PATENT; ORDER THEREON
Date: N/A
Time: N/A
Before: Hon. Judge Maxine Chesney
The parties have reached an agreement with regard to claim construction briefing with respect to Fairchild's U.S. Patent No. 8,179,700 ("the '700 patent") to resolve an issue that has arisen over their differing interpretations of the Court's order as to the procedure and schedule for such briefing. Specifically:
• Fairchild understood the Court's order and the local rules to require Fairchild to file an opening brief, Power Integrations to file an opposition brief, and Fairchild to file a reply brief (three briefs in total on the single patent with five disputed terms) (Fairchild understood the "s" after "brief" to be typographical error in direct conflict with local rules and parties' negotiations.).To resolve this dispute, the parties, by and through their respective counsel, have reached the following agreement:
• Power Integrations understood the Court's order [D.I. 170] incorporating the parties' proposed scheduling order [D.I. 163 at 13] to provide for both parties to file opening briefs, both parties to file opposition briefs, and both parties to file reply briefs (six briefs in total).
• Power Integrations agrees to and hereby does withdraw its opening claim construction brief regarding the '700 patent [D.I. 198-199]; Power Integrations will instead submit a responsive claim construction brief on Monday, March 25, 2013. Fairchild will then submit its reply brief on April 1, 2013.
• To permit the parties to more fully address the issues and the relevant technical background, Power Integrations hereby requests the Court to allow Power Integrations up to an additional five (5) pages for its responsive claim construction brief and allow Fairchild up to an additional three (3) pages for its reply brief on claim construction. Fairchild does not oppose this motion. Fairchild only seeks the additional three pages of briefing to the extent Power Integrations is granted an additional five pages of briefing.
IT IS SO STIPULATED.
FISH & RICHARDSON P.C.
By: _________________
Michael R. Headley
Attorneys for Plaintiff
POWER INTEGRATIONS, INC.
MCDERMOTT, WILL & EMERY LLP
By: ___________
Blair Jacobs
Attorneys for Defendants FAIRCHILD
SEMICONDUCTOR INTERNATIONAL,
INC., FAIRCHILD SEMICONDUCTOR
CORPORATION, and SYSTEM GENERAL
CORPORATION
Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of this document has been obtained from counsel for Defendants.
FISH & RICHARDSON P.C.
By: ___________
Michael R. Headley
Attorneys for Plaintiff
POWER INTEGRATIONS, INC.
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED, with the exception of the request for additional pages, no specific need having been shown.
______________________
Judge Maxine Chesney