Case 5:20-cv-05676-EJD Document 27-7 Filed 10/09/20 Page 1 of 3
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`REDACTED VERSION OF DOCUMENT SOUGHT TO BE SEALED
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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.
`
`CASE NO. 5:20-cv-05676-EJD
`DECLARATION OF THOMAS
`HERRGOTT IN SUPPORT OF
`APPLIED MATERIALS, INC.’S
`REPLY IN SUPPORT OF MOTION
`FOR PRELIMINARY INJUNCTION
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`I, Thomas Herrgott, hereby declare as follows:
`1.
`I am a Controller in the Corporate Financial Planning and Analysis Group at Intel
`Corporation (“Intel”). In this role, I am responsible for financial forecasting and reporting of Intel’s
`Legal, HR, Finance, and Executive Office budgets. Previously, I have served in a number of
`manufacturing-focused roles at Intel, most recently as Fab/Sort Manufacturing Roadmap Specialist,
`where I was responsible for long-range capacity and capital investment strategy for all of Intel’s
`fab manufacturing facilities. In total, I have worked at Intel for 22 years.
`2.
`I submit this declaration in support of Applied Materials, Inc.’s (“Applied”) Reply in
`Support of Its Motion for a Preliminary Injunction.
`3. The facts set forth in this declaration are based on my own knowledge and on research
`conducted under my supervision and direction. If sworn as a witness to testify in this matter, I
`would testify to the facts as set forth herein.
`4.
`I understand that Demaray LLC (“Demaray”) filed a lawsuit alleging Intel infringes U.S.
`Patent Nos. 7,544,276 and 7,381,657 in the Western District of Texas. I further understand that in
`that lawsuit, Demaray alleges that Intel infringes via Intel’s use of reactive magnetron sputtering
`(“RMS”) reactors, including the reactors in the Endura product line from Applied, purportedly
`using pulsed DC power for physical vapor deposition (“PVD”) of layers, identifying titanium
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`HERRGOTT DECL. IN SUPPORT OF
`APPLIED’S MOTION FOR PRELIMINARY
`INJUNCTION
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`Case 5:20-cv-05676-EJD Document 27-7 Filed 10/09/20 Page 2 of 3
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`nitride and tantalum nitride, in Intel’s semiconductor products. I understand that Demaray alleges
`that Intel uses infringing RMS reactors in the fabrication of its processors, including Intel’s
`Broadwell processors.
`5. I also understand that Applied filed a lawsuit seeking a declaratory judgment of
`non-infringement against Demaray in the Northern District of California. I further understand that
`Applied filed a motion for preliminary injunction in this case to enjoin Demaray from proceeding
`with its lawsuit against Intel during the pendency of the declaratory judgment action in the Northern
`District of California. I understand that Applied has requested that Intel provide certain information
`to assist the Court in considering the motion.
`6. Founded in 1968, Intel is a technology company that specializes in the design and
`development of semiconductor and microprocessor products. Intel has facilities worldwide.
`7. Intel’s worldwide headquarters are in Santa Clara, California.
`8. In addition to its Santa Clara campus, Intel has numerous facilities in the United States.
`One of those facilities is located in Austin, Texas.
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`10. Intel does not have a fabrication facility (i.e., “Fab”) in Texas.
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`13. I understand that Demaray has raised questions as to whether Intel would agree to be bound
`by Applied’s declaratory judgment action. I have authority to confirm that, if Applied’s Motion
`for a Preliminary Injunction is granted, Intel agrees to be bound by the results in this action
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`HERRGOTT DECL. IN SUPPORT OF
`APPLIED’S MOTION FOR PRELIMINARY
`INJUNCTION
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`Case 5:20-cv-05676-EJD Document 27-7 Filed 10/09/20 Page 3 of 3
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