IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`C.A. No. 08-309 LPS
`
` JURY TRIAL REQUESTED
`
`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,
`
`
`
` Defendants.
`
`
`
`
`AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Power Integrations, Inc. hereby alleges as follows:
`
`
`
`THE PARTIES
`
`1.
`
`Power Integrations, Inc. (“Power Integrations”) is incorporated under the laws of
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`the state of Delaware, and has a regular and established place of business at 5245 Hellyer
`
`Avenue, San Jose, California, 95138.
`
`2.
`
`Upon information and belief, defendant Fairchild Semiconductor International,
`
`Inc. is incorporated under the laws of the state of Delaware, with its headquarters located at 3030
`
`Orchard Parkway, San Jose, CA 95134.
`
`3.
`
`Upon information and belief, defendant Fairchild Semiconductor Corporation is
`
`incorporated under the laws of the state of Delaware, with its headquarters located at 3030
`
`Orchard Parkway, San Jose, CA 95134.
`
`4.
`
`Upon information and belief, defendant System General Corporation (hereinafter
`
`“SG”) is incorporated under the laws of Taiwan, with its headquarters located at 5F, No. 9, Alley
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`6, Lane 45 Bao Shing Road, Shin Dian, Taipei, Taiwan. Upon information and belief, SG is a
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`wholly owned subsidiary of Fairchild Semiconductor International, Inc.
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`5.
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`Defendant Fairchild Semiconductor International, Inc., defendant Fairchild
`
`Semiconductor Corporation, and defendant SG will hereinafter be collectively referred to as
`
`“Defendants.”
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`JURISDICTION AND VENUE
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`6.
`
`This action arises under the patent laws of the United States, Title 35 U.S.C. § 1 et
`
`seq., and the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202. This Court has subject matter
`
`jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
`
`7.
`
`Upon information and belief, this Court has personal jurisdiction over Defendants
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`because Defendants have purposely availed themselves of the privilege of conducting activities
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`within this State and District.
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`8.
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`Upon information and belief, venue is proper in this Court pursuant to 28 U.S.C.
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`§§ 1391(b), 1391(c), and 1400 because Defendants are subject to personal jurisdiction in this
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`judicial District.
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`GENERAL ALLEGATIONS
`
`9.
`
`Power Integrations’ products include its TOPSwitch®, TinySwitch®,
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`LinkSwitch®, and DPA-Switch® families of power conversion integrated circuit devices, which
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`are used in power supplies for electronic devices such as cellular telephones, LCD monitors, and
`
`computers. These products are sold throughout the United States, including Delaware.
`
`10.
`
`Defendants manufacture pulse width modulation (“PWM”) controller integrated
`
`circuit devices (e.g., devices intended for use in power conversion applications such as LCD
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`monitor power supplies, off-line power supplies or battery chargers for portable electronics), and
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`directly, and through their affiliates, make, use, import, sell, and offer to sell the same throughout
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`the United States, including Delaware. Defendants also support and encourage others to import,
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`use, offer for sale, and sell throughout the United States, including Delaware, products
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`incorporating Defendants’ integrated circuit devices.
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`FIRST CAUSE OF ACTION
`
`INFRINGEMENT OF U.S. PATENT NO. 6,107,851 AND REEXAMINATION
`CERTIFICATE U.S. 6,107,851 C1
`
`11.
`
`The allegations of paragraphs 1-10 are incorporated as though fully set forth
`
`herein.
`
`12.
`
`Power Integrations is now, and has been since its issuance, the assignee and sole
`
`owner of all right, title, and interest in United States Patent No. 6,107,851, entitled “Offline
`
`Converter with Integrated Softstart and Frequency Jitter” (“the ’851 patent”), which was duly
`
`and legally issued on August 22, 2000. On November 9, 2010, the Patent Office issued a
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`reexamination certificate confirming the patentability of the ’851 patent. A true and correct copy
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`of the ’851 patent and associated reexamination certificate is attached hereto as Exhibit A.
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`13.
`
`Defendants have been and are now infringing, inducing infringement, and
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`contributing to the infringement of the ’851 patent and associated reexamination certificate in
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`this District and elsewhere by making, using, selling, offering to sell, and/or importing devices,
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`including PWM integrated circuit devices, covered by one or more claims of the ’851 patent,
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`and/or contributing to or inducing the same by third-parties, all to the injury of Power
`
`Integrations.
`
`14.
`
`Defendants’ acts of infringement have injured and damaged Power Integrations.
`
`15.
`
`Prior to beginning and continuing Defendants’ acts of infringement, Defendants
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`had knowledge of the ’851 patent and the issues of infringement related thereto, including at
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`least by virtue of the facts and circumstances raised during the prior adjudged infringement of
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`the ’851 patent by Fairchild. Accordingly, Defendants’ acts of infringement have been, and
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`continue to be, willful, so as to warrant the enhancement of damages awarded as a result of their
`
`infringement.
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`16.
`
`Defendants’ infringement has caused irreparable injury to Power Integrations and
`
`will continue to cause irreparable injury until Defendants are enjoined from further infringement
`
`by this Court.
`
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`SECOND CAUSE OF ACTION
`
`INFRINGEMENT OF U.S. PATENT NO. 6,249,876
`
`17.
`
`The allegations of paragraphs 1-10 are incorporated as though fully set forth
`
`herein.
`
`18.
`
`Power Integrations is now, and has been since its issuance, the assignee and sole
`
`owner of all right, title, and interest in United States Patent No. 6,249,876, entitled “Frequency
`
`Jittering Control for Varying the Switching Frequency of a Power Supply” (“the ’876 patent”),
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`which was duly and legally issued on June 19, 2001. A true and correct copy of the ’876 patent
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`is attached hereto as Exhibit B.
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`19.
`
`Defendants have been and are now infringing, inducing infringement, and
`
`contributing to the infringement of the ’876 patent in this District and elsewhere by making,
`
`using, selling, offering to sell, and/or importing devices, including PWM integrated circuit
`
`devices, covered by one or more claims of the ’876 patent, and/or contributing to or inducing the
`
`same by third-parties, all to the injury of Power Integrations.
`
`20.
`
`Defendants’ acts of infringement have injured and damaged Power Integrations.
`
`21.
`
`Prior to beginning and continuing Defendants’ acts of infringement, Defendants
`
`had knowledge of the ’876 patent and the issues of infringement related thereto, including at
`
`least by virtue of the facts and circumstances raised during the prior adjudged infringement of
`
`the ’876 patent by Fairchild. Accordingly, Defendants’ acts of infringement have been, and
`
`continue to be, willful, so as to warrant the enhancement of damages awarded as a result of their
`
`infringement.
`
`22.
`
`Defendants’ infringement has caused irreparable injury to Power Integrations and
`
`will continue to cause irreparable injury until Defendants are enjoined from further infringement
`
`by this Court.
`
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`THIRD CAUSE OF ACTION
`
`INFRINGEMENT OF U.S. PATENT NO. 7,110,270
`
`23.
`
`The allegations of paragraphs 1-10 are incorporated as though fully set forth
`
`herein.
`
`24.
`
`Power Integrations is now, and has been since its issuance, the assignee and sole
`
`owner of all right, title, and interest in United States Patent No. 7,110,270, entitled “Method and
`
`Apparatus for Maintaining a Constant Load Current with Line Voltage in a Switch Mode Power
`
`Supply” (“the ’270 patent”), which was duly and legally issued on September 19, 2006. A true
`
`and correct copy of the ’270 patent is attached hereto as Exhibit C.
`
`25.
`
`Upon information and belief, Defendants have been and are now infringing,
`
`inducing infringement, and contributing to the infringement of the ’270 patent in this District and
`
`elsewhere by making, using, selling, offering to sell, and/or importing devices, including PWM
`
`integrated circuit devices, covered by one or more claims of the ’270 patent, and/or contributing
`
`to or inducing the same by third-parties, all to the injury of Power Integrations.
`
`26.
`
`Defendants’ acts of infringement have injured and damaged Power Integrations.
`
`27.
`
`Defendants’ infringement has caused irreparable injury to Power Integrations and
`
`will continue to cause irreparable injury until Defendants are enjoined from further infringement
`
`by this Court.
`
`FOURTH CAUSE OF ACTION
`
`INFRINGEMENT OF U.S. PATENT NO. 7,834,605
`
`28.
`
`The allegations of paragraphs 1-10 are incorporated as though fully set forth
`
`herein.
`
`29.
`
`Power Integrations is now, and has been since its issuance, the assignee and sole
`
`owner of all right, title, and interest in United States Patent No. 7,834,605, entitled “Method and
`
`Apparatus for Maintaining a Constant Load Current with Line Voltage in a Switch Mode Power
`
`Supply” (“the ’605 patent”), which was duly and legally issued on November 16, 2010. A true
`
`and correct copy of the ’605 patent is attached hereto as Exhibit D.
`
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`30.
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`The ’605 patent is a continuation in the same family as Power Integrations’
`
`asserted ’270 patent. The’270 patent has been the subject of reexamination proceedings in the
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`U.S. Patent and Trademark Office (see reexamination control number 90/009,393), which were
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`initiated by Fairchild itself. On April 7, 2011, the Patent Office confirmed the patentability of all
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`four of the asserted claims of the Power Integrations’ ’270 patent over all of the prior art cited by
`
`Fairchild in the reexamination proceedings.
`
`31.
`
`During the prosecution of the ’605 patent, Power Integrations submitted the same
`
`prior art to the Patent Office that Fairchild cited in the reexamination proceedings for the related
`
`’270 patent. Having considered all of those materials, the Patent Office nevertheless found the
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`claimed subject matter in the ’605 patent to be patentable, and the Patent Office issued the ’605
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`patent over the same Fairchild-cited art.
`
`32.
`
`Upon information and belief, Defendants have been and are now infringing,
`
`inducing infringement, and contributing to the infringement of the ’605 patent in this District and
`
`elsewhere by making, using, selling, offering to sell, and/or importing devices, including PWM
`
`integrated circuit devices, covered by one or more claims of the ’605 patent, and/or contributing
`
`to or inducing the same by third-parties, all to the injury of Power Integrations.
`
`33.
`
`Fairchild has, and has had, actual knowledge of the ’605 patent, and its
`
`infringement has been and continues to be willful. In particular, Fairchild monitored the
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`progress of the prosecution of the patent application that issued as the ’605 patent, submitted
`
`portions of the prosecution history of the ’605 patent to the Court in this case, and yet continued
`
`to infringe the ’605 patent despite Fairchild's awareness that the Patent Office confirmed the
`
`patentability of the claims of the ’605 patent over all of the art Fairchild cited in its prior
`
`unsuccessful challenge to the validity of the related ’270 patent. Accordingly, Fairchild’s acts of
`
`infringement have been and continue to be willful, so as to make this case exceptional and
`
`warrant the enhancement of damages awarded as a result of Fairchild’s infringement.
`
`34.
`
`Defendants’ acts of infringement have injured and damaged Power Integrations.
`
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`Defendants’ infringement has caused irreparable injury to Power Integrations and will continue
`
`to cause irreparable injury until Defendants are enjoined from further infringement by this Court.
`
`
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff requests the following relief:
`
`(a)
`
`judgment that Defendants infringe the ’851 patent;
`
`(b)
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`judgment that Defendants infringe the ’876 patent;
`
`(c)
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`judgment that Defendants infringe the ’270 patent;
`
`(d)
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`judgment that Defendants infringe the ’605 patent;
`
`(e)
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`a permanent injunction preventing Defendants and their officers, directors, agents,
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`servants, employees, attorneys, licensees, successors, assigns, and customers, and those in active
`
`concert or participation with any of them, from making, using, offering to sell, or selling in the
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`United States or importing into the United States any devices that infringe any claim of the ’851,
`
`’876,’270, or ’605 patents, or contributing to or inducing the same by others;
`
`(f)
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`judgment against Defendants for money damages sufficient to compensate Power
`
`Integrations for Defendants’ infringement of the ’851, ’876,’270, and ’605 patents in an amount
`
`to be determined at trial;
`
`(g)
`
`that any such money judgment against Defendants be trebled as a result of the
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`willful nature of Defendants’ infringement;
`
`(h)
`
`an accounting for Defendants’ infringing sales not presented at trial and an award
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`by the court of additional damages for any such infringing sales;
`
`(i)
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`costs and reasonable attorneys’ fees incurred in connection with this action
`
`pursuant to 35 U.S.C § 285; and
`
`(j)
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`such other and further relief as this Court finds just and proper.
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`Plaintiff Power Integrations requests trial by jury.
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`JURY DEMAND
`
`
`
`Dated: June 6, 2011
`
`FISH & RICHARDSON P.C.
`
`By: /s/ William J. Marsden, Jr.
` William J. Marsden, Jr. (#2247)
`222 Delaware Avenue, 17th Floor
`P.O. Box 1114
`Wilmington, DE 19899-1114
`Telephone: (302) 652-5070
`Facsimile: (302) 652-0607
`Email: marsden@fr.com
`
`
`Frank E. Scherkenbach
`225 Franklin Street
`Boston, MA 02110-2804
`Telephone: (617) 542-5070
`Facsimile: (617) 542-8906
`
`Howard G. Pollack
`Michael R. Headley
`500 Arguello Street, Suite 500
`Redwood City, CA 94063
`Telephone: (650) 839-5070
`Facsimile: (650) 839-5071
`
`Attorneys for Plaintiff
`POWER INTEGRATIONS, INC.
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