Fairchild disputes PWM patent verdict

Fairchild Semiconductor continues to believe it will prevail in the patent infringement lawsuit brought against the company by Power Integrations.

Fairchild Semiconductor continues to believe it will prevail in the patent infringement lawsuit brought against the company by Power Integrations, despite a jury verdict to the contrary in the first of three phases of trial in the case.

The company also said it will continue offering its full line of pulsewidth modulation products.

The company says it was disappointed by the jury's verdict in the first phase, but that it has yet to present all of its defences to Power Integrations' claims.

The company believes that Power Integrations' patent claims are invalid, and its invalidity defences have yet to be heard by a jury.

The trial in the case has been divided into three phases.

The first phase, held last week, was on infringement, the wilfulness of any infringement, and damages.

The second phase, scheduled to begin on 4th December 2006 before a different jury, will be on the validity of the Power Integrations patents being asserted.

Unenforceability will be handled in a final phase before the court.

Fairchild believes it has identified inventions and publications, known as prior art, that predate the Power Integrations patents and that Fairchild believes would invalidate the Power Integrations patents.

On Tuesday, a jury in the first phase found that Fairchild wilfully infringed four patents asserted by Power Integrations and awarded approximately $34 million in damages.

For Power Integrations to prevail in the case and receive a judgment and injunction against Fairchild, the patents found to be infringed must also be found to be valid and enforceable in the remaining phases of trial scheduled for December.

Final resolution of the matter is not expected until 2007.

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