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`Case 5:20-cv-05676-EJD Document 28-12 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@pau1hastings.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
`Avenue
`1 1 17 S. California
`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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`Defendant.
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`DECLARATION OF TERRENCE H.
`CROSS IN SUPPORT OF APPLIED
`MATERIALS, INC.’S REPLY IN
`SUPPORT OF MOTION FOR
`PRELIMINARY INJUNCTION
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`Case 5:20-cv-05676-EJD Document 28-12 Filed 10/14/20 Page 2 of 3
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`Case 5:20-cv-05676-EJD Document 28-12 Filed 10/14/20 Page 2 of 3
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`I, Terrence H. Cross, hereby declare:
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`1.
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`I am currently an employee of Samsung Semiconductor, Inc. (“SSI”) and have been since
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`September, 2004. I am currently Vice President & General Counsel, head of the legal
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`department, IP, and compliance for SS1.
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`2.
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`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.
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`I understand that Demaray LLC (“Demaray”) sued Samsung Semiconductor,
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`Inc.,
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`Samsung Electronics Co., Ltd., Samsung Electronics America,
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`Inc., and Samsung Austin
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`Semiconductor, LLC (collectively, the “Samsung Defendants”) in Case No. 6:20-CV-00636-
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`ADA in the United States District Court for the Western District of Texas (“Demaray-Samsung
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`Litigation”), alleging infringement of US. Patent Nos. 7,544,276 and 7,381,657.
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`5.
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`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.
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`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.
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`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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`Case 5:20-cv-05676-EJD Document 28-12 Filed 10/14/20 Page 3 of 3
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`Case 5:20-cv-05676—EJD Document 28-12 Filed 10/14/20 Page 3 of 3
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`7.
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`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.
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`I have authority to confirm that, if
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`Applied’s motion for a preliminary injunction is granted, Samsung Semiconductor, Inc. does
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`agree to be bound by the decisions in this action (including appeals) regarding the declaratory
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`judgment causes of action asserted in Applied’s First Amended Complaint, including, Without
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`limitation, the non-infringement causes of action—whether based on license, assignment, or
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`technical non—infringement questions—and any patent invalidity causes of action to be asserted in
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`the future.
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`8. Samsung Semiconductor, Inc.
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`(S S1)
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`is a corporation organized and existing under the
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`laws of the State of California.
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`9. SSI’s headquarters are located in San Jose, California.
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`10. SSI does not operate any semiconductor fabrication facility.
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`11. SSI does not perform any semiconductor fabrication or manufacturing.
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`12. SSI does not manufacture any semiconductor products.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`DATED: October 9, 2020
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`/
`By: tfi‘
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`Terr nce H. Cross
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