Case 5:20-cv-05676-EJD Document 28-11 Filed 10/14/20 Page 1 of 3
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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
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`Attorneys for Plaintiff
`APPLIED MATERIALS, INC.
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`APPLIED MATERIALS, INC.,
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`CASE NO. 5:20-cv-05676-EJD
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`Plaintiff,
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`vs.
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`DEMARAY LLC,
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`DECLARATION OF BRITTANY
`MCELMURY DIETZ IN SUPPORT OF
`APPLIED MATERIALS, INC.’S
`REPLY IN SUPPORT OF MOTION
`FOR PRELIMINARY INJUNCTION
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`Defendant.
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`BRITTANY MCELMURY DIETZ DECL. IN
`SUPPORT OF APPLIED’S MOTION FOR
`PRELIMINARY INJUNCTION
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`Case 5:20-cv-05676-EJD Document 28-11 Filed 10/14/20 Page 2 of 3
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`I, Brittany McElmury Dietz, hereby declare:
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`1. I am currently an employee of Samsung Electronics America, Inc. (“SEA”). I have been
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`employed by SEA since October 2019, and I am currently Senior Legal Counsel, Litigation at
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`SEA.
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`2. I submit this declaration in support of Applied Materials, Inc.’s (“Applied”) Reply in
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`support of its motion for preliminary injunction.
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`3. Unless indicated otherwise, I have personal knowledge of the facts contained in the
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`declaration and, if called upon to do so, I could and would testify competently to the matters set
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`forth herein.
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`4. I understand that Demaray LLC (“Demaray”) sued Samsung Electronics Co., Ltd.,
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`Samsung Electronics America, Inc., Samsung Austin Semiconductor, LLC, and Samsung
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`Semiconductor, Inc. (collectively, the “Samsung Defendants”) in Case No. 6:20-cv-00636-ADA
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`in the United States District Court for the Western District of Texas (“Demaray-Samsung
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`Litigation”), alleging infringement of U.S. Patent Nos. 7,544,276 and 7,381,657.
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`5. I understand that Demaray alleges that the Samsung Defendants infringe by using and/or
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`configuring reactive magnetron sputtering reactors, including reactors in Applied’s Endura
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`product line, for the deposition of layers, which Demaray identifies as metal nitride layers such as
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`TaN and/or TiN, in Samsung semiconductor products, including memory products such as
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`Samsung’s DDR4 SDRAM.
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`6. I also understand that Applied filed an action for declaratory judgment of non-
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`infringement against Demaray in the United States District Court for the Northern District of
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`California. I understand that, in that declaratory judgment action, Applied filed a motion for
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`preliminary injunction to enjoin Demaray from proceeding with the Demaray-Samsung Litigation
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`while the declaratory judgment action is pending.
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`- 1 -
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`BRITTANY MCELMURY DIETZ DECL. IN
`SUPPORT OF APPLIED’S MOTION FOR
`PRELIMINARY INJUNCTION
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`Case 5:20-cv-05676-EJD Document 28-11 Filed 10/14/20 Page 3 of 3
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`7. I understand that Demaray has raised questions as to whether the Samsung Defendants
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`would agree to be bound by this declaratory judgment action. I have authority to confirm that, if
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`Applied’s motion for a preliminary injunction is granted, Samsung Electronics America, Inc.
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`does agree to be bound by the decisions in this action (including appeals) regarding the
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`declaratory judgment causes of action asserted in Applied’s First Amended Complaint, including,
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`without limitation, the non-infringement causes of action—whether based on license, assignment,
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`or technical non-infringement questions—and any patent invalidity causes of action to be asserted
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`in the future.
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`8. SEA is a corporation organized and existing under the laws of the State of New York.
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`9. SEA’s headquarters are located in Ridgefield Park, New Jersey.
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`10. SEA does not operate any semiconductor fabrication facility.
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`11. SEA does not perform any semiconductor fabrication or manufacturing.
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`12. SEA does not manufacture any semiconductor products.
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` I
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` declare under penalty of perjury that the foregoing is true and correct.
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`DATED: October 8, 2020
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`By:
`Brittany McElmury Dietz
`Senior Legal Counsel, Litigation
`Samsung Electronics America, Inc.
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`- 2 -
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`BRITTANY MCELMURY DIETZ DECL. IN
`SUPPORT OF APPLIED’S MOTION FOR
`PRELIMINARY INJUNCTION
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