Fairchild Semiconductor has announced the jury trial set to begin Monday, December 4th, against Power Integrations has been canceled by order of the Delaware U.S. District Court. The court questioned whether the KSR v. Teleflex case, currently pending before the U.S. Supreme Court, and argued on November 28, 2006, might impact the dispute between Fairchild and Power Integrations. The court found that the same issue of obviousness, a defense to the validity of the Power Integrations patents, “permeates the validity contentions in this case.”
At issue in the KSR case is whether the defense of obviousness has been improperly restricted by lower court rulings. The court has reset the Power Integrations v. Fairchild Semiconductor jury trial on validity issues to May 7, 2007.
Power Integrations has commented on the status of its patent-infringement lawsuit against Fairchild Semiconductor. Power Integrations believes the patents and patent claims at issue in the Fairchild case are valid over the prior art raised by Fairchild and that any potential change in the standard resulting from the Supreme Court case is not likely to affect the outcome in this case. If the validity of the patents is upheld, Power Integrations intends to seek an injunction against the continued manufacture, importation and sale of all infringing Fairchild parts. The company also intends to seek enhancement of the initial damage award based on the jury's finding of willful infringement.