Case 5:20-cv-09341-EJD Document 116 Filed 01/14/22 Page 1 of 6
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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-09341-EJD-NMC
`[PROPOSED] ORDER REGARDING
`CASE SCHEDULE
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`[PROPOSED] ORDER
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`

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`Case 5:20-cv-09341-EJD Document 116 Filed 01/14/22 Page 2 of 6
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`[PROPOSED] ORDER
`Pursuant to Magistrate Judge Cousins’ directive during the January 12, 2022 hearing, the
`parties submit the following table of their respective proposals regarding case deadlines and the
`Court orders the following deadlines as indicated. Applied is amenable to proceeding with the
`claim construction hearing before Magistrate Judge Cousins. Demaray believes that Judge Davila
`should address any claim construction issues and respectfully declines to have the claim
`construction before Magistrate Judge Cousins.
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`Event
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`Applied’s
`Proposal
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`Proposed Deadline
`Demaray’s
`Proposal
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`January 26, 2022
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`Court Ordered
`Deadline
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`N/A2
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`January 31, 2022
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`January 28, 2022
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`February 14, 2022
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`N/A; see PLR 4-1;
`Dkt. No. 66
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`or
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`TBD4
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`February 14, 2022
`(if applicable)
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`Deadline to File Proposed
`ESI Order and Proposed
`Protective Order
`(AGREED)
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`Demaray’s Proposal for
`Applied to Provide
`Targeted Product
`Disclosures as detailed in
`Section 8 the 12/22/21
`Joint CMC Statement1
`Applied’s Proposed
`Deadline for Demaray to
`File Motion for Leave to
`Amend Answer to Assert
`Affirmative Infringement
`Claims3
`Patent L.R. 3-1/3-2:
`Disclosure of Asserted
`Claims and Infringement
`Contentions and associated
`document production
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`1 Demaray states that its proposed deadlines for Patent L.R. 3-1/3-2/3-3/3-4/3-8/3-9 and
`Applied’s proposed deadline for Demaray to move for leave are contingent on Applied providing
`complete Targeted Product Disclosures by Jan. 31, 2022. Applied states it has already provided
`complete disclosures for Demaray to determine if it will assert infringement.
`2 Applied does not agree that this deadline is applicable as detailed during the 1/12/22 hearing and
`in Sections 3 and 8 of the 12/22/21 Joint CMC Statement.
`3 Applied does not agree that leave should be granted if requested and will oppose the motion.
`4 Applied does not agree that these deadlines are applicable to the case and believes that they will
`only be applicable if (1) Demaray files a motion for leave to amend its answer to assert
`affirmative claims of infringement and (2) the Court grants leave. Applied proposes that if the
`Court grants leave, the parties at that time should meet and confer regarding any applicable Patent
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`- 1 -
`[PROPOSED] ORDER
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`

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`Case 5:20-cv-09341-EJD Document 116 Filed 01/14/22 Page 3 of 6
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`Event
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`Patent L.R. 3-3/3-4:
`Invalidity Contentions and
`associated document
`production
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`Patent L.R. 3-8: Damages
`Contentions
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`Patent L.R. 3-9:
`Responsive Damages
`Contentions
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`Patent L.R. 4-1: Parties
`Served Proposed Terms for
`Construction on the
`Following Dates
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`October 14, 2021
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`Patent L.R. 4-2: Parties
`Served Preliminary Claim
`Constructions and
`Extrinsic Evidence on the
`Following Dates
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`November 4, 2021
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`Patent L.R. 4-3: Joint
`Claim Construction and
`Prehearing Statement
`(JCCPS)
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`Patent L.R. 4-4:
`Completion of Claim
`Construction Discovery
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`January 21, 2022
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`January 28, 2022
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`Applied’s
`Proposal
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`Proposed Deadline
`Demaray’s
`Proposal
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`March 31, 2022 (if
`applicable)
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`Court Ordered
`Deadline
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`May 20, 2022 (if
`applicable)
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`June 20, 2022 (if
`applicable)
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`December 27, 2021
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`(reset to April 4,
`2022 if affirmative
`infringement
`claims are allowed)
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`January 7, 2022
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`(reset to April 25,
`2022 if affirmative
`infringement
`claims are allowed)
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`February 1, 2022
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`(reset to May 30,
`2022 if affirmative
`infringement
`claims are allowed)
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`March 3, 2022
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`(reset to June 29,
`2022 if affirmative
`infringement
`claims are allowed)
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`L.R. deadlines. Demaray proposes that the parties’ file a discovery letter with Magistrate Judge
`Cousins on February 14, 2022, on this issue contingent on Applied providing complete Targeted
`Product Disclosures by Jan. 31, 2022 and Demaray making a determination that affirmative
`infringement claims are appropriate and requests that the motion be heard at the Court’s earliest
`convenience. Applied does not oppose Magistrate Judge Cousins addressing whether Demaray
`should be allowed to amend its answer and make compulsory counterclaims of infringement, but
`does not agree that claim construction or other case deadlines should be further delayed pending
`resolution of that issue or that those deadlines should be reset if infringement claims are allowed.
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`- 2 -
`[PROPOSED] ORDER
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`Case 5:20-cv-09341-EJD Document 116 Filed 01/14/22 Page 4 of 6
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`Court Ordered
`Deadline
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`Applied’s
`Proposal
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`February 3, 2022
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`Proposed Deadline
`Demaray’s
`Proposal
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`March 18, 2022
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`(reset to July 15
`2022 if affirmative
`infringement
`claims are allowed)
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`February 17, 2022 April 1, 2022
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`(reset to July 28,
`2022 if affirmative
`infringement
`claims are allowed)
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`February 24, 2022 April 8, 2022
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`(reset to Aug. 4,
`2022 if affirmative
`infringement
`claims are allowed)
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`April 15, 2022
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`(reset to Aug. 11,
`2022 if affirmative
`infringement
`claims are allowed)
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`April 29, 2022 or at
`the Court’s earliest
`convenience
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`(reset to August 25,
`2022 or at the
`Court’s earliest
`convenience if
`affirmative
`infringement
`claims are allowed)
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`March 3, 2022
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`March 17, 2022 or
`at the Court’s
`earliest
`convenience
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`Event
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`Patent L.R. 4-5(a):
`Applied’s Opening Claim
`Construction Brief5
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`Patent L.R. 4-5(b):
`Demaray’s Responsive
`Claim Construction Brief
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`Patent L.R. 4-5(c):
`Applied’s Reply Claim
`Construction Brief
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`Demaray’s Sur-Reply
`Claim Construction Brief
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`Patent L.R. 4-6:
`Claim Construction
`Hearing and Tutorial
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`5 Patent L.R. 4-5 states that “… the party claiming patent infringement, or the party asserting
`invalidity if there is no infringement issue present in the case, shall serve and file an opening brief
`and any evidence supporting its claim construction.” As neither circumstance applies to the
`current posture of the case, the parties met and conferred and propose, subject to Court approval,
`equal briefing with Applied filing an opening brief, Demaray filing a response, Applied filing a
`reply and Demaray filing a sur-reply. If the Court does not approve of this proposal, the parties
`have a dispute regarding the ordering of the briefing.
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`- 3 -
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`[PROPOSED] ORDER
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`Case 5:20-cv-09341-EJD Document 116 Filed 01/14/22 Page 5 of 6
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`Event
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`Applied’s
`Proposal
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`Proposed Deadline
`Demaray’s
`Proposal
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`30 days after Markman order or at the
`Court’s earliest convenience
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`30 days after Markman order
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`30 days after Markman order
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`No later than 7 days before the Trial
`Setting Conference pursuant to Court’s
`Standing Order For Civil Cases
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`Post-Markman Status
`Conference (AGREED)
`Patent L.R. 3-7: Advice of
`Counsel (AGREED)
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`Last Day to Move to
`Amend Pleadings or Add
`Parties (AGREED)
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`Joint Trial Setting
`Conference Statement
`(AGREED)
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`Trial Setting Conference
`Close of Fact Discovery
`May 13, 2022
`Expert Disclosures (Initial) May 20, 2022
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`April 13, 2022
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`June 3, 2022
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`December 14, 2022
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`January 13, 2023
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`February 17, 2023
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`March 17, 2023
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`June 17, 2022
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`June 24, 2022
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`April 21, 2023
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`May 19, 2023
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`July 8, 2022
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`June 16, 2023
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`July 15, 2022
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`June 30, 2023
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`TBD at Trial Setting Conference
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`TBD at Trial Setting Conference
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`TBD at Trial Setting Conference
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`Expert Disclosures
`(Rebuttal)
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`Close of Expert Discovery
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`Last Day to File Daubert
`and Summary Judgment
`Motions
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`Daubert and Summary
`Judgment Opposition
`Briefs
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`Daubert and Summary
`Judgment Reply Briefs
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`Serve Pretrial Disclosures
`(Witness List, Deposition
`Designations, and Exhibit
`List) (AGREED)
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`Serve Objections to
`Pretrial Disclosures
`(AGREED)
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`Last Day to Serve Motions
`In Limine (AGREED)
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`Court Ordered
`Deadline
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`- 4 -
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`[PROPOSED] ORDER
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`Case 5:20-cv-09341-EJD Document 116 Filed 01/14/22 Page 6 of 6
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`Event
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`Last Day to Serve
`Responses to Motions In
`Limine (AGREED)
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`Last Day to submit
`“Pretrial Filings” (Joint
`Pretrial Statement, Trial
`Briefs, Compiled Briefing
`on Motions In Limine,
`Proposed Jury Instructions,
`Proposed Verdict Form,
`Proposed Voir Dire
`Questions, Witness List,
`and Exhibit List)
`(AGREED)
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`Final Pretrial Conference
`(AGREED)
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`Trial (AGREED)
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`Applied’s
`Proposal
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`Proposed Deadline
`Demaray’s
`Proposal
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`TBD at Trial Setting Conference
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`TBD at Trial Setting Conference
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`TBD at Trial Setting Conference
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`TBD at Trial Setting Conference
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`Court Ordered
`Deadline
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`IT IS SO ORDERED.
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`Dated:
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`NATHANAEL M. COUSINS
`United States Magistrate Judge
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`- 5 -
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`[PROPOSED] ORDER
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