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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
`Attorneys for Plaintiff
`APPLIED MATERIALS, INC.
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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.
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`CASE NO. 5:20-cv-05676-EJD
`DECLARATION OF PHILIP OU IN
`SUPPORT OF APPLIED MATERIALS,
`INC.’S ADMINISTRATIVE MOTION
`TO CONSIDER WHETHER CASES
`SHOULD BE RELATED
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`DECL. OF PHILIP OU
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`Case 5:20-cv-05676-EJD Document 52-1 Filed 12/28/20 Page 2 of 2
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`I, Philip Ou, hereby declare as follows:
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`1. I am a partner with the law firm Paul Hastings LLP, counsel for the Plaintiff Applied
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`Materials, Inc. (“Applied”). I have personal knowledge of the facts contained in the declaration
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`and, if called upon to do so, I could and would testify competently to the matters set forth herein.
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`2. On December 24, 2020, I informed counsel for Demaray LLC (“Demaray”) that Applied
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`would be filing a new complaint for declaratory judgment of non-infringement based on the
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`present-day, substantial controversies between Applied and Demaray. In response, counsel for
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`Demaray stated that “[t]o the extent that Applied is allowed to file a new case in the Northern
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`District of California, we agree that it should be assigned to Judge Davila.” The same day,
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`Applied filed its new complaint, assigned case number Applied Material, Inc. v. Demaray LLC,
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`No. 3:20-cv-09341 (N.D. Cal.).
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`3. On December 28, 2020, counsel for Applied twice asked counsel for Demaray to confirm
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`its agreement that Applied Material, Inc. v. Demaray LLC, No. 5:20-cv-05676-EJD (N.D. Cal.),
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`and Applied Material, Inc. v. Demaray LLC, No. 3:20-cv-09341 (N.D. Cal.) should be considered
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`“related cases” under Local Rule 3-12. Counsel for Demaray did not respond to either
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`correspondence, despite the same counsel exchanging multiple other communications regarding
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`other matters.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`DATED: December 28, 2020
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`By: /s/ Philip Ou
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`Philip Ou
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`- 1 -
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`DECL. OF PHILIP OU
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