Case 5:20-cv-05676-EJD Document 14-1 Filed 09/04/20 Page 1 of 4
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`YAR R. CHAIKOVSKY (SB# 175421)
`yarchaikovsky@paulhastings.com
`PHILIP OU (SB# 259896)
`philipou@paulhastings.com
`ANDY LEGOLVAN (SB# 292520)
`andylegolvan@paulhastings.com
`JOSEPH J. RUMPLER, II (SB# 296941)
`josephrumpler@paulhastings.com
`BERKELEY FIFE (SB# 325293)
`berkeleyfife@paulhastings.com
`BORIS LUBARSKY (SB# 324896)
`borislubarsky@paulhastings.com
`PAUL HASTINGS LLP
`1117 S. California Avenue
`Palo Alto, California 94304-1106
`Telephone: 1(650) 320-1800
`Facsimile: 1(650) 320-1900
`Attorneys for Plaintiff
`APPLIED MATERIALS, INC.
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`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
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`APPLIED MATERIALS, INC.,
`Plaintiff,
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`vs.
`DEMARAY LLC,
`Defendant.
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`CASE NO. 5:20-cv-05676-EJD
`DECLARATION OF BORIS
`LUBARSKY IN SUPPORT OF
`APPLIED MATERIALS, INC.’S
`MOTION FOR PRELIMINARY
`INJUNCTION
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`LUBARSKY DECL. IN SUPPORT OF
`APPLIED’S MOTION FOR PRELIMINARY
`INJUNCTION
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`Case 5:20-cv-05676-EJD Document 14-1 Filed 09/04/20 Page 2 of 4
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`I, Boris Lubarsky, hereby declare as follows:
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`1. I am an associate with the law firm Paul Hastings LLP, counsel for the Plaintiff Applied
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`Materials, Inc. (“Applied”). I have personal knowledge of the facts contained in the declaration
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`and, if called upon to do so, I could and would testify competently to the matters set forth herein.
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`2. Applied Materials is headquartered in Santa Clara, California. Attached hereto as Exhibit
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`A is a true and correct copy of Applied’s registration with the California Secretary of State.
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`3. According to Demaray LLC’s website, Demaray LLC is based in Silicon Valley and
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`Earnest Demaray resides in Northern California. Attached hereto as Exhibit B is a true and
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`correct copy of a printout from Demaray LLC’s website, which I obtained on September 4, 2020
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`from the following URL: https://www.edemaray.com/bios.html.
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`4. According to his LinkedIn profile, Ravi Mullapudi, one of the named inventors of the
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`Asserted Patents, resides in Northern California. Attached hereto as Exhibit C is a true and
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`correct copy of a printout from Mr. Mullapudi’s LinkedIn page, which I obtained on September 4,
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`2020 from the following URL: https://www.linkedin.com/in/ravi-mullapudi-03638115.
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`5. According to her LinkedIn profile, Hongmei Zhang, one of the named inventors of the
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`Asserted Patents, resided in Massachusetts. Attached hereto as Exhibit D is a true and correct
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`copy of a printout from Ms. Zhang’s LinkedIn page, which I obtained on September 4, 2020 from
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`the following URL: https://www.linkedin.com/in/hmzhang?trk=people-guest_people_search-
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`card.
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`6. According to his LinkedIn profile, Mukundan Narasimhan, one of the named inventors of
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`the Asserted Patents, resides in India. Attached hereto as Exhibit E is a true and correct copy of
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`Mr. Narasimhan’s LinkedIn page, which I obtained on September 4, 2020 from the following
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`URL: https://in.linkedin.com/in/mukundan-narasimhan-809ab79?trk=people-
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`guest_people_search-card.
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`- 1 -
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`LUBARSKY DECL. IN SUPPORT OF
`APPLIED’S MOTION FOR PRELIMINARY
`INJUNCTION
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`Case 5:20-cv-05676-EJD Document 14-1 Filed 09/04/20 Page 3 of 4
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`7. According to the contract between Demaray’s predecessor, Symmorphix, and Applied’s
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`affiliate, Applied Komatsu, the contract was negotiated, executed, and performed in Northern
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`California. Attached hereto as Exhibit F is a true and correct copy of the Sales and Relationship
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`Agreement between Symmorphix and Applied Komatsu. The exhibit has been redacted to remove
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`confidential financial information and to remove hand-written notes from the copy of the
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`agreement maintained by Applied in its business records.
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`8. Gary Edwards was the attorney who prosecuted the parent patent application to the
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`Asserted Patents. Attached as Exhibit G is a true and correct copy an excerpt of the file history
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`for Patent Application No. 10/101863. According to his work profile page, he resides and works
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`in Northern California. Attached as Exhibit H is a true and correct copy of Mr. Edward’s work
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`profile page, which I obtained on September 4, 2020 from the following URL:
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`https://www.haynesboone.com/people/e/edwards-gary.
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`9. According to Intel’s website, Intel has its headquarters in Northern California. Attached as
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`Exhibit I is a true and correct copy of a printout of Intel’s corporate website, which I obtained on
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`September 4, 2020 from the following URL:
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`https://www.intel.com/content/www/us/en/support/articles/000015107/programs.html.
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`10. According to Samsung’s website, it conducts business operations in Northern California
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`out of its Silicon Valley office. Attached as Exhibit J is a true and correct copy of a printout
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`Samsung’s corporate website, which I obtained on September 4, 2020 from the following URL:
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`https://www.samsung.com/us/ssic/location/san-jose-ca/.
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`LUBARSKY DECL. IN SUPPORT OF
`APPLIED’S MOTION FOR PRELIMINARY
`INJUNCTION
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`Case 5:20-cv-05676-EJD Document 14-1 Filed 09/04/20 Page 4 of 4
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`DATED: September 4, 2020
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`By: /s/
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`Boris Lubarsky
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`LUBARSKY DECL. IN SUPPORT OF
`APPLIED’S MOTION FOR PRELIMINARY
`INJUNCTION
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