Case 5:20-cv-05676-EJD Document 23-1 Filed 09/25/20 Page 1 of 4
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`IRELL & MANELLA LLP
`Morgan Chu (70446)
`MChu@irell.com
`Benjamin W. Hattenbach (186455)
`BHattenbach@irell.com
`C. Maclain Wells (221609)
`MWells@irell.com
`1800 Avenue of the Stars, Suite 900
`Los Angeles, California 90067-4276
`Telephone: (310) 277-1010
`Facsimile:
`(310) 203-7199
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`Attorneys for Defendant
`DEMARAY LLC
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN JOSE DIVISION
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`APPLIED MATERIALS, INC.,
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`Plaintiff,
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`vs.
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`DEMARAY LLC,
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`Defendant.
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`Case No. 5:20-cv-05676-EJD
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`DECLARATION OF DR. RICHARD
`ERNEST DEMARAY IN SUPPORT OF
`DEMARAY LLC’S OPPOSITION TO
`APPLIED MATERIALS’ MOTION FOR
`PRELIMNARY INJUNCTION
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`DECL OF DR DEMARAY ISO OPP TO APPLIED MOT
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`Case 5:20-cv-05676-EJD Document 23-1 Filed 09/25/20 Page 2 of 4
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`I, Dr. Richard Earnest Demaray, hereby declare as follows:
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`1.
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`I have personal knowledge of the facts contained in the declaration and, if called
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`upon to do so, I could and would testify competently to the matters set forth herein.
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`2.
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`I have been working in and with the semiconductor industry for more than fifty
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`years since I began my training in chemical physics and experimental ultraviolet
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`photoconductivity of materials. My doctoral work focused on cross-supersonic molecular and
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`atomic beams with which I demonstrated lossless conversion of 1 molecular vibration to one
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`photon of light in vacuum crossed atomic and molecular beams. During my post-doctoral
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`fellowship, I designed and built some of the first pulsed excimer laser driven tunable dye lasers for
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`resonant multiphoton photoionization of single molecular states in the cooled beams. That work
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`became instrumental to understanding the photo-physics of the high lying electronic states of
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`small and aromatic molecules now used routinely in semiconductor device manufacture.
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`3.
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`Much of my work in industry has involved advances in thin film technology. In the
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`1980s, I worked as a senior physicist at BOC Group on electron beam evaporation technology
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`used to deposit thermal barrier coatings. My work on adherent electron beam evaporation thermal
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`barrier coatings revolutionized high-temperature jet engine performance, efficiency and longevity.
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`My zirconia coatings are in worldwide production today on military, commercial and power
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`generation turbine hot section blades and vanes. Later that decade and continuing into the early
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`1990s, I worked at Varian Associates, where I served as Varian’s R&D Director for thin film
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`systems, and developed full-face erosion and sputter physical vapor deposition manufacturing
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`technology now used extensively in semiconductor manufacturing worldwide.
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`4.
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`In the late 1990s, I helped form Applied Komatsu Technology, Inc. (“Applied
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`Komatsu”), a joint venture between Applied and Komatsu Ltd., where I served as General
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`Manager of the physical vapor deposition (“PVD”) division and developed wide-area magnetron
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`sputter machines. In 1998, Applied Komatsu decided to discontinue sales of PVD systems. As part
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`of this shift, Applied Komatsu executed a reduction in force of their PVD staff including myself
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`5.
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`To continue making new developments in thin film technologies, I formed
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`Symmorphix, Inc. (“Symmorphix”) shortly thereafter, where I served as Chief Technology Officer
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`DECL OF DR DEMARAY ISO OPP TO APPLIED MOT
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`Case 5:20-cv-05676-EJD Document 23-1 Filed 09/25/20 Page 3 of 4
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`and Chairman of the Board. Joining me at Symmorphix were several other individuals formerly
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`employed at Applied Komatsu in the PVD division.
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`Given restrictive covenants in Applied Komatsu’s employment agreements, among
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`other issues, I approached Applied Komatsu with my plans to form Symmorphix. Symmorphix
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`and Applied Komatsu entered into the Sales and Relationship Agreement on December 11, 1998.
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`As part of the agreement, Applied Komatsu agreed to release me and the other former employees
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`joining Symmorphix from assignment provisions in certain employment agreements.
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`7.
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`On March 16, 2002, myself and three other Symmorphix employees, filed the
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`application leading to U.S. Patent Nos. 7,544,276 (“the ’276 patent”) and 7,381,657 (“the ’657
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`patent”) (the “Demaray patents”) reflecting innovations in advanced thin film deposition that we
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`developed at Symmorphix. The patents generally relate to a method of depositing thin films, for
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`example in semiconductor devices, by pulsed DC reactive sputtering in a PVD system using “a
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`pulsed DC power supply coupled to the target” and “an RF bias power supply coupled to the
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`substrate.”
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`8.
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`Magnetron sputtering is a PVD technique that, as practiced in modern commercial
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`operations, generally involves the use of magnets behind the negative cathode in the reactor to
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`create magnetic and electrical fields superimposed on the metal target. An inert gas, e.g., Argon,
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`can be introduced into the chamber to create a magnetically confined ionized plasma. The plasma
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`may be located near the surface of the metal target such that the positively charged plasma ions
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`collide with the negatively charged metal target material ejecting atoms from the metal target,
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`which then deposit on the substrate. One form of magnetron sputtering is RF biased pulsed DC
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`sputtering. As that process is practiced in semiconductor industry today, a DC power supply that
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`provides alternating negative and positive voltages is generally applied to the metal target while an
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`RF voltage is generally applied to the substrate.
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`9.
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`The Demaray patents describe the use of “a narrow band-rejection filter that rejects
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`at a frequency of the RF bias power supply coupled between the pulsed DC power supply and the
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`target area” when using reactive magnetron sputtering. The narrow band rejection filter allows the
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`Case 5:20-cv-05676-EJD Document 23-1 Filed 09/25/20 Page 4 of 4
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`power sources to properly function, but prevents damaging feedback to the pulsed DC power
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`source from the RF bias.
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`10.
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`I founded Demaray LLC in order to focus on research, development, and
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`commercialization of new product applications based on technologies I have developed, including
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`technologies protected by the Demaray patents. Much of that work—which remains ongoing—
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`relates to the production of low-defect thin films for advanced electronic devices.
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`During my continued work with the semiconductor industry, I discovered that Intel
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`and Samsung were using the patented technology in the Demaray patents, without authorization,
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`to manufacture thin films in electronic devices. Intel and Samsung semiconductor products consist
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`almost entirely of layer-upon-layer of thin films engineered and processed to create a very large
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`number of interconnected transistors that together form microprocessors, memories or other
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`semiconductor devices.
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`12.
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`The Demaray patents are directed generally at methods of depositing high quality
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`thin films in products by using a particular PVD reactor configuration. They do not cover all PVD
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`reactor configurations. For example, reactors provided by Applied Materials, Inc. have many
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`configurations unrelated to bias pulsed DC sputtering. Neither I, nor anyone at Demaray LLC, has
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`approached Applied Materials demanding that they take a license to the Demaray patents for their
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`reactors or accused Applied of infringement of the Demaray patents.
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`I declare under the penalty of perjury that the foregoing is true and correct. Executed in
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`Portola Valley, CA, on September 25, 2020
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`10878774
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`By:
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`Dr. Richard Ernest Demaray
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`DECL OF DR DEMARAY ISO OPP TO APPLIED MOT
`FOR PRELIMNARY INJUNCTION
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