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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.
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
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`APPLIED MATERIALS, INC.,
`Plaintiff,
`
`vs.
`DEMARAY LLC,
`Defendant.
`
`CASE NO. 5:20-cv-05676-EJD
`DECLARATION OF PHILIP OU IN
`SUPPORT OF APPLIED MATERIALS,
`INC.’S UNOPPOSED MOTION FOR
`EXTENSION OF TIME TO FILE
`REPLY
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`OU DECL. IN SUPPORT OF
`APPLIED’S UNOPPOSED MOTION
`FOR EXTENSION OF TIME
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`Case 5:20-cv-05676-EJD Document 24-1 Filed 09/28/20 Page 2 of 2
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`I, Philip Ou, hereby declare as follows:
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`1. I am a partner 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. Counsel for Applied has a claim construction hearing set for October 2, 2020 in a separate
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`case, Innovation Sciences LLC v. HTC Corporation, 4:18-cv-00476. Demaray’s extension of
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`time to file an Opposition moved Applied’s deadline to reply – now the same day as Applied’s
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`Counsel’s claim construction hearing. Moreover, Demaray’s Opposition raises arguments and
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`facts that require time to investigate, and Applied would be prejudiced by being required to
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`attempt to marshal the information necessary to fully respond in the provided timeframe.
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`Applied’s motion is noticed for hearing on November 12, 2020. Dkt. No. 15. The requested
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`extension will not impact the noticed hearing date, as briefing will still be completed nearly five
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`weeks in advance of the November 12, 2020 hearing.
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`3. To date there have been two extensions in this case: a stipulation to extend Demaray’s
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`deadline to answer or otherwise respond to the First Amended Complaint until November 23,
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`2020, Dkt. No. 20; and Demaray’s Unopposed Motion for an Extension of Time to respond to
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`Applied’s Preliminary Injunction, Dkt. No. 21. There have been no other extensions in this
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`matter.
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`4. The parties have met and conferred and have agreed to an extension of time for Applied to
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`file its reply to October 9, 2020.
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`DATED: September 28, 2020
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`By: /s/ Philip Ou
`Philip Ou
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`- 1 -
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`OU DECL. IN SUPPORT OF
`APPLIED’S UNOPPOSED MOTION
`FOR EXTENSION OF TIME
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