-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, TMLLlUkVAYFmE0FoMRsqnPYyo9IVJLxX1o1GOsoHr1v1UYb+8JZbce5aNKHFlb1v W51jwsL0FtHU7rtp7yQhmg== 0001181431-08-064950.txt : 20081202 0001181431-08-064950.hdr.sgml : 20081202 20081202163624 ACCESSION NUMBER: 0001181431-08-064950 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20081126 ITEM INFORMATION: Regulation FD Disclosure FILED AS OF DATE: 20081202 DATE AS OF CHANGE: 20081202 FILER: COMPANY DATA: COMPANY CONFORMED NAME: FAIRCHILD SEMICONDUCTOR INTERNATIONAL INC CENTRAL INDEX KEY: 0001036960 STANDARD INDUSTRIAL CLASSIFICATION: SEMICONDUCTORS & RELATED DEVICES [3674] IRS NUMBER: 043363001 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-15181 FILM NUMBER: 081225427 BUSINESS ADDRESS: STREET 1: 82 RUNNING HILL RD CITY: SOUTH PORTLAND STATE: ME ZIP: 04106 BUSINESS PHONE: 2077758100 MAIL ADDRESS: STREET 1: 82 RUNNING HILL RD CITY: SOUTH PORTLAND STATE: ME ZIP: 04106 FORMER COMPANY: FORMER CONFORMED NAME: FSC SEMICONDUCTOR CORP DATE OF NAME CHANGE: 19970424 8-K 1 rrd225198.htm INFINEON LITIGATION Prepared By R.R. Donnelley Financial -- Form 8-K
 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
Form 8-K
 
Current Report
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
 
Date of Report (Date of earliest event reported):  11/26/2008
 
Fairchild Semiconductor International, Inc.
(Exact name of registrant as specified in its charter)
 
Commission File Number:  001-15181
 
Delaware
  
043363001
(State or other jurisdiction of
  
(IRS Employer
incorporation)
  
Identification No.)
 
82 Running Hill Road
South Portland, Maine 04106
(Address of principal executive offices, including zip code)
 
207-775-8100
(Registrant’s telephone number, including area code)
 
(Former name or former address, if changed since last report)
 
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

[  ]   Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

[  ]   Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

[  ]   Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

[  ]   Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 

 
Item 7.01.    Regulation FD Disclosure
 
On November 28, 2008, we filed a patent infringement lawsuit against Infineon Technologies AG and Infineon Technologies North America Corporation in the United States District Court for the District of Maine. The lawsuit alleges that certain Infineon products, including without limitation certain power transistor products, infringe one or more claims of two Fairchild Semiconductor patents and seeks, among other relief, unspecified monetary damages, including enhanced damages for willful infringement, and a permanent injunction preventing Infineon from further infringement. On November 28, 2008, we also filed counterclaims and answered a lawsuit filed against us by Infineon Technologies AG, Infineon Technologies Austria AG and Infineon Technologies North America Corporation in the United States District Court for the District of Delaware. The Delaware action was served on us on November 26, 2008. In our counterclaims in the Delaware action, we allege that certain Infineon power transistor products, including without limitation certain CoolMOS, OptiMOS-T, OptiMOS-2, OptiMOS-3 and CanPAK branded products and certain other Infineon PWM converter and IGBT products, infringe one or more claims of six Fairchild patents. In the same action, Infineon alleges that certain Fairchild Semiconductor power transistor products, including without limitation certain DrMOS, PowerTrench, UltraFET, UniFET, SuperFET and SupreMOS brand products as well as certain other Fairchild IGBT and power MOSFET products, infringe one or more claims of five Infineon patents. Each side in the Delaware action seeks declaratory relief that its products do not infringe the other's asserted patents. Each side also seeks unspecified monetary damages, including enhanced damages for willful infringement, and a permanent injunction against further infringement, among other relief.

We believe we have strong defenses against Infineon's claims and intend to vigorously contest this litigation.

We issued a press release on November 28, 2008 regarding the above, which release is included in this report on Form 8-K and incorporated by reference.

 

 

Signature(s)
 
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
 
     
 
Fairchild Semiconductor International, Inc.
 
 
Date: December 02, 2008
     
By:
 
/s/    Paul D. Delva

               
Paul D. Delva
               
Sr. V.P., General Counsel & Corporate Secretary
 
 


 

Exhibit Index
 
Exhibit No.

  
Description

EX-99.1
  
Press Release dated December 2, 2008
EX-99.1 2 rrd225198_26647.htm PRESS RELEASE DATED DECEMBER 2, 2008 Fairchild Semiconductor's

Exhibit 99.1

 

 

Fairchild Semiconductor Files Patent Infringement Lawsuit Against Infineon Technologies

San Jose, California - November 28, 2008 - Fairchild Semiconductor (NYSE: FCS) announced it has filed a patent infringement lawsuit against Infineon Technologies AG.

Fairchild said it believes certain Infineon CoolMOS and OptiMOS branded products, as well as other Infineon IGBT and CanPAK products, infringe one or more claims of eight Fairchild patents.

Fairchild has brought claims against Infineon in the U.S. District Court for the District of Maine and the U.S. District Court for the District of Delaware.

The two companies have been involved in extended cross-license negotiations, and the dispute recently escalated to litigation.

"We are very confident in our position in this ongoing patent dispute and will fight to protect our intellectual property," said Justin Chiang, Fairchild's senior vice president and general manager, Power Conversion, Industrial and Automotive Products.

 

About Fairchild Semiconductor:

Fairchild Semiconductor (NYSE: FCS) is a global leader delivering energy-efficient power analog and power discrete solutions. Fairchild is The Power Franchise®, providing leading-edge silicon and packaging technologies, manufacturing strength and system expertise for consumer, communications, industrial, portable, computing and automotive systems. An application-driven, solution-based semiconductor supplier, Fairchild provides online design tools and design centers worldwide as part of its comprehensive Global Power ResourceSM. Please contact us on the web at www.fairchildsemi.com.

Editorial Contacts:

Fairchild Semiconductor

Patti Olson

Communications
1
(800) 341-0392 X 8728
Email: patti.olson@fairchildsemi.com

Agency Contact:

Topaz Partners

Paul R. Hughes

1-781-404-2416

Email: phughes@topazpartners.com

 

 

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