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`Case 5:20-cv-05676-EJD Document 30-1 Filed 10/19/20 Page 1 of 2
`
`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
`
`Attorneys for Defendant
`DEMARAY LLC
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`
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`Case No. 5:20-cv-05676-EJD
`
`DECLARATION OF C. MACLAIN
`WELLS IN SUPPORT OF DEMARAY
`LLC’S MOTION FOR LEAVE TO FILE
`
`SUR-REPLY TO APPLIED MATERIALS’
`MOTION FOR PRELIMINARY
`INJUNCTION
`
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`WELLS DECLARATION ISO DEMARAY’S MOTION
`FOR LEAVE TO FILE SUR-REPLY
`(Case No. 5:20-cv-05676-EJD)
`
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`APPLIED MATERIALS, INC.,
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`Plaintiff,
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`DEMARAY LLC,
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`
`vs.
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`Defendant.
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`Case 5:20-cv-05676-EJD Document 30-1 Filed 10/19/20 Page 2 of 2
`
`DECLARATION OF C. MACLAIN WELLS
`I, C. Maclain Wells, hereby declare as follows:
`1.
`I am counsel at the law firm of Irell & Manella LLP, counsel for Defendant
`
`Demaray LLC (“Demaray”). I am a member in good standing of the State Bar of California and
`have been duly licensed to practice law before all of the courts of the State of California. I submit
`this declaration in support of Demaray’s motion to file sur-reply to Applied Materials, Inc.’s
`(“Applied”) motion for preliminary injunction. I have personal knowledge of the matters set forth
`in this declaration and, if called as a witness, could testify to its contents.
`2.
`On October 14, 2020, I emailed Applied’s counsel expressing Demaray’s intent to
`request permission from the Court to file a 10-page sur-reply to Applied’s motion for preliminary
`injunction. I asked whether Applied would oppose this request.
`3.
`Later that day, counsel for Applied asked for further information about the
`arguments warranting a sur-reply. I provided a response to Applied’s counsel the next day on
`October 15, 2020, and again asked whether Applied would oppose Demaray’s request for a sur-
`reply.
`
`4.
`On October 19, 2020, Applied responded demanding unreasonable limitations on
`Demaray’s sur-reply, including (1) that Demaray only address the new evidence and not address
`new arguments relating to “comity, subject matter jurisdiction, Katz/eBay standard, and the
`customer suits,” (2) limiting the sur-reply to five pages, and (3) demanding the “opportunity to
`review the proposed sur-reply” before filing.
`
`Executed on October 19, 2020 in Sebastopol, California. I declare under penalty of perjury
`that the foregoing is true and correct.
`
`
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`By: /s/ C. Maclain Wells
`C. Maclain Wells
`Attorneys for Defendant DEMARAY LLC
`
`- 1 -
`
`WELLS DECLARATION ISO DEMARAY’S
`MOTION FOR LEAVE TO FILE SUR-REPLY
`(Case No. 5:20-cv-05676-EJD)
`
`
`
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