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`YAR R. CHAIKOVSKY (SB# 175421)
`yarchaikovsky@paulhastings.com
`PHILIP OU (SB# 259896)
`philipou@paulhastings.com
`JOSEPH J. RUMPLER, II (SB# 296941)
`josephrumpler@paulhastings.com
`DAVID OKANO (SB#278485)
`davidokano@paulhastings.com
`ANDY LEGOLVAN (SB# 292520)
`andylegolvan@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
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`MATTHIAS KAMBER (SB#232147)
`matthiaskamber@paulhastings.com
`PAUL HASTINGS LLP
`101 California Street, 48th Floor
`San Francisco, California 94111
`Telephone: 1(415) 856-7000
`Facsimile: 1(415)856-7100
`Attorneys for Plaintiff
`APPLIED MATERIALS, INC.
`
`
`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
`DECLARATION OF BORIS
`LUBARSKY IN SUPPORT OF
`PLAINTIFF APPLIED MATERIALS,
`INC.’S MOTION TO STRIKE
`DEFENDANT DEMARAY LLC’S
`LETTER BRIEF FOR LEAVE TO
`AMEND ITS ANSWER
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`DECL. OF BORIS LUBARSKY
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`Case 5:20-cv-09341-EJD Document 130-1 Filed 03/02/22 Page 2 of 2
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`I, Boris Lubarsky, hereby declare as follows:
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`1.
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`I am an associate with the law firm Paul Hastings LLP, counsel for the Plaintiff
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`Applied Materials, Inc. (“Applied”). 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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`2.
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`On February 3, 2022, counsel for Applied informed Demaray LLC (“Demaray”),
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`by telephone and email, that Demaray needed to file a noticed motion pursuant to the Local Rules
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`in order to seek leave to amend. Demaray refused to do so, filing its letter brief instead.
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`3.
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`Attached hereto as Exhibit A is a true and correct copy of excerpts from the
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`December 15, 2021 hearing transcript.
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`4.
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`Attached hereto as Exhibit B is a true and correct copy of excerpts from the
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`January 12, 2022 hearing transcript.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`DATED: March 2, 2022
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`By: /s/ Boris Lubarsky
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`Boris Lubarsky
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`- 1 -
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`DECL. OF BORIS LUBARSKY
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