Power Integrations, Inc. v. On Semiconductor Corporation et al

MOTION for Leave to File Supplemental Material

N.D. Cal.October 13, 2017

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ON SEMICONDUCTOR’S MOT. FOR LEAVE TO FILE SUPP. MATERIALS Case Nos. 16-cv-06371-BLF and 17-cv-03189-BLF Roger Fulghum (Pro hac vice) roger.fulghum@bakerbotts.com BAKER BOTTS L.L.P. 910 Louisiana Street Houston, TX 77002 Telephone: (713) 229-1234 Facsimile: (713) 229-1522 John Neukom (CA BAR No. 275887) johnneukom@quinnemanuel.com QUINN EMANUEL URQUHART & SULLIVAN, LLP 50 California Street, 22nd Floor San Francisco, California 94111-4788 Telephone: (415) 875-6600 Facsimile: (415) 875-6700 Attorneys for ON SEMICONDUCTOR CORP. and SEMICONDUCTOR COMPONENTS INDUSTRIES, LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION POWER INTEGRATIONS, INC., Plaintiff and Counter- Defendant, vs. ON SEMICONDUCTOR CORP. AND SEMICONDUCTOR COMPONENTS INDUSTRIES, LLC, Defendants and Counter- Claimants. CASE NO. 16-cv-06371-BLF ON SEMICONDUCTOR CORP. and SEMICONDUCTOR COMPONENTS INDUSTRIES, LLC’S MOTION FOR LEAVE TO FILE SUPPLEMENTAL MATERIAL IN FURTHER OPPOSITION TO POWER INTEGRATIONS’ MOTION TO DISMISS DEFENDANTS’ CLAIMS RE ’876, ’272, AND ’601 PATENTS FOR FAILURE TO STATE A CLAIM Date: January 11, 2018 Time: 9:00 a.m. The Hon. Beth Labson Freeman CASE NO. 17-cv-03189-BLF ON SEMICONDUCTOR CORP. AND SEMICONDUCTOR COMPONENTS INDUSTRIES, LLC, Plaintiffs, vs. POWER INTEGRATIONS, INC., Defendant. Case 5:16-cv-06371-BLF Document 68 Filed 10/13/17 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1- ON SEMICONDUCTOR’S MOT. FOR LEAVE TO FILE SUPP. MATERIALS Case Nos. 16-cv-06371-BLF and 17-cv-03189-BLF TO ALL PARTIES AND THEIR COUNSEL OF RECORD: Please take notice that, pursuant to Civil Local Rule 7, Defendants (“ON”) respectfully move this Court for leave to file the attached supplemental materials, in further opposition to Power Integrations’ (“PI”) Motion to Dismiss Defendants’ Claims Re ’876, ’272, and ’601 Patents for Failure to State a Claim (Dkt. No. 55). The hearing on PI’s Motion to Dismiss is scheduled for January 11, 2018 at 9:00 a.m. I. ARGUMENT ON moves for leave to file the attached supplemental materials, specifically: (i) a pleading that PI recently filed in federal court in Delaware, dated September 29, 2017 (Ex. A); (ii) a letter motion that ON recently filed in that proceeding, dated October 6, 2017 (Ex. B); and (iii) PI’s responsive letter brief, dated October 13, 2017 (Ex. C). In the pleading, Exhibit A, PI has asserted a claim for patent infringement, against ON, for US Patent No. 6,249,876 (the “’876 patent”). In ON’s letter, Exhibit B, ON has notified the court in Delaware that PI’s assertion of the ’876 patent in that case violates the first-to-file rule and evidences forum shopping in a way that is unlawful. That is because the ’876 patent has been in dispute in this case, between these same parties, now before this Court, for over 14 months. In PI’s responsive letter brief, Exhibit C, PI acknowledges that it has violated the first-to-file rule, and nonetheless asks the court in the second-filed suit for exceptional treatment. ON submits that these materials—and the conduct of PI evidenced by the same—are relevant to this Court’s adjudication of PI’s currently pending motion to dismiss ON’s declaratory judgment claims on the ’876 patent. In particular, these materials suggest (ON submits) that PI’s currently pending motion in this Court has been filed for improper—forum shopping—purposes. These events and filings took place after PI filed its Reply Brief on this motion, on September 21, 2017. II. CONCLUSION For the foregoing reasons, ON respectfully requests that the Court grant ON’s motion for leave to file the attached supplemental materials. Case 5:16-cv-06371-BLF Document 68 Filed 10/13/17 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- ON SEMICONDUCTOR’S MOT. FOR LEAVE TO FILE SUPP. MATERIALS Case Nos. 16-cv-06371-BLF and 17-cv-03189-BLF DATED: October 13, 2017 Respectfully submitted, QUINN EMANUEL URQUHART & SULLIVAN, LLP By /s/ John Neukom John Neukom (CA BAR No. 275887) Attorneys for ON SEMICONDUCTOR CORP. and SEMICONDUCTOR COMPONENTS INDUSTRIES, LLC Case 5:16-cv-06371-BLF Document 68 Filed 10/13/17 Page 3 of 3