Case 5:20-cv-05676-EJD Document 42-2 Filed 12/07/20 Page 1 of 4
`
`
`
`
`
`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
`
`APPLIED MATERIALS, INC.,
`Plaintiff,
`
`vs.
`DEMARAY LLC,
`Defendant.
`
`CASE NO. 5:20-cv-05676-EJD
`DECLARATION OF BORIS
`LUBARSKY IN SUPPORT OF
`APPLIED MATERIALS, INC.’S
`OPPOSITION TO DEMARAY LLC’S
`MOTION TO DISMISS
`
`
`
`
`
`
`
`
`
`
`
`
`
`LUBARSKY DECL. IN SUPPORT OF
`APPLIED’S OPPOSITION TO
`MOTION TO DISMISS
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`

`

`Case 5:20-cv-05676-EJD Document 42-2 Filed 12/07/20 Page 2 of 4
`
`
`
`I, Boris Lubarsky, hereby declare as follows:
`
`1. I am an associate with the law firm Paul Hastings LLP, counsel for the Plaintiff Applied
`
`Materials, Inc. (“Applied”). I have personal knowledge of the facts contained in the declaration
`
`and, if called upon to do so, I could and would testify competently to the matters set forth herein.
`
`2. Attached hereto as Exhibit A is a true and correct copy of an October 2, 2020 letter from
`
`Maclain Wells, counsel for Demaray, to Steve Ravel, Counsel for Intel.
`
`3. Attached hereto as Exhibit B is a true and correct copy of an October 2, 2020 letter from
`
`Maclain Wells, counsel for Demaray, to Brian Nash, Counsel for Samsung.
`
`4. Attached hereto as Exhibit C is a true and correct copy of Intel’s First Amended Answer
`
`in Demaray LLC v. Intel Corp., 6:20-cv-00634-ADA, Dkt No. 22.
`
`5. Attached hereto as Exhibit D is a true and correct copy of Samsung’s First Amended
`
`Answer in Demaray LLC v. Samsung Electronics Co. et. al.., 6:20-cv-00636-ADA, Dkt No. 29.
`
`6. Attached hereto as Exhibit E is a true and correct public copy of Demaray LLC’s
`
`Preliminary Infringement Contentions in Demaray LLC v. Intel Corp., 6:20-cv-00634-ADA.
`
`7. Attached hereto as Exhibit F is a true and correct public copy of Demaray LLC’s
`
`Preliminary Infringement Contentions in Demaray LLC v. Samsung Electronics Co. et. al.., 6:20-
`
`cv-00636-ADA.
`
`8. Attached hereto as Exhibit G is a true and correct copy of the Sales and Relationship
`
`Agreement between Symmorphix and Applied Komatsu. The exhibit has been redacted to remove
`
`confidential financial information and to remove hand-written notes from the copy of the
`
`agreement maintained by Applied in its business records.
`
`9. Attached hereto as Exhibit H is a true and correct copy of a January 11, 1999 Interoffice
`
`Memorandum from Bob Conner, from Symmorphix, to Dave Sponseller, from Applied Komatsu.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`
`- 1 -
`
`LUBARSKY DECL. IN SUPPORT OF
`APPLIED’S OPPOSITION TO
`MOTION TO DISMISS
`
`

`

`Case 5:20-cv-05676-EJD Document 42-2 Filed 12/07/20 Page 3 of 4
`
`
`
`10. Attached hereto as Exhibit H is a true and correct copy of a January 11, 1999 Interoffice
`
`Memorandum from Bob Conner, from Symmorphix, to Dave Sponseller, from Applied Komatsu.
`
`11. Attached hereto as Exhibit I is a true and correct copy of an e-mail chain between counsel
`
`for Demaray and counsel for Intel and Samsung in Demaray’s customer suits in the Western
`
`District of Texas, Demaray LLC v. Intel Corp., 6:20-cv-00634-ADA and Demaray LLC v.
`
`Samsung Electronics Co. et. al.., 6:20-cv-00636-ADA regarding the scope of the accused RMS-
`
`PVD reactors for venue discovery and technical document production as required by Local Rules,
`
`and specifically limiting the original request of “each RMS PVD reactor used by Intel/Samsung
`
`for the production of semiconductor devices” to RMS PVD reactors “that provide, or have the
`
`option of providing, (1) pulsed DC to the target and (2) RF bias to the substrate”.
`
`12. Attached hereto as Exhibit J is a true and correct copy of a Demaray’s Transfer-Related
`
`Interrogatories to Intel in Demaray LLC v. Intel Corp., 6:20-cv-00634-ADA, served today,
`
`December 7, 2020, which seeks discovery on “Intel RMS PVD chamber[s]” defined as “any
`
`reactor chamber used for physical vapor deposition (“PVD”) of a thin film using reactive
`
`magnetron sputtering (“RMS”) used in the production of Intel semiconductor products, or
`
`research related thereto, in the last six years from the filing of Demaray’s Complaint.”
`
`13. Attached hereto as Exhibit K is a true and correct copy of a Demaray’s Transfer-Related
`
`Interrogatories to Samsung in Demaray LLC v. Samsung Electronics Co. et. al.., 6:20-cv-00636-
`
`ADA, served today, December 7, 2020, which seeks discovery on “Samsung RMS PVD
`
`chamber[s]” defined as “any reactor chamber used for physical vapor deposition (“PVD”) of a
`
`thin film using reactive magnetron sputtering (“RMS”) used in the production of Samsung
`
`semiconductor products, or research related thereto, in the last six years from the filing of
`
`Demaray’s Complaint.”
`
`
`
`
`
`
`
`- 2 -
`
`LUBARSKY DECL. IN SUPPORT OF
`APPLIED’S OPPOSITION TO
`MOTION TO DISMISS
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`

`

`Case 5:20-cv-05676-EJD Document 42-2 Filed 12/07/20 Page 4 of 4
`
`
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`DATED: December 7, 2020
`
`
`
`
`By: /s/ Boris Lubarsky
`
`Boris Lubarsky
`
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`
`- 3 -
`
`LUBARSKY DECL. IN SUPPORT OF
`APPLIED’S OPPOSITION TO
`MOTION TO DISMISS
`
`