Case 5:20-cv-09341-EJD Document 133-5 Filed 03/09/22 Page 1 of 7
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`Exhibit 4
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`Exhibit 4
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`Case 5:20-cv-09341-EJD Document 133-5 Filed 03/09/22 Page 2 of 7
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`1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`DEMARAY LLC,
`PLAINTIFF,
`
`
`)(
`CIVIL ACTION NO.
`)(
`6:20-CV-634-ADA
`)(
`WACO, TEXAS
`)(
`VS.
`)(
`NOVEMBER 4, 2021
`)(
`INTEL CORPORATION,
`10:30 A.M.
`)(
`DEFENDANT.
`___________________________________________________________
`DEMARAY LLC,
`)(
`
`PLAINTIFF,
`)(
`CIVIL ACTION NO.
`)(
`6:20-CV-636-ADA
`)(
`WACO, TEXAS
`)(
`)(
`NOVEMBER 4, 2021
`)(
`10:30 A.M.
`
`VS.
`INTEL CORPORATION,
`DEFENDANT.
`
`
`DISCOVERY HEARING
`BEFORE THE HONORABLE JUDGE ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`FOR THE PLAINTIFF: Mr. C. Maclain Wells
`Irell & Manella LLP
`1800 Avenue of the Stars
`Suite 900
`Los Angeles, CA 90067
`Ms. Shelly Holmes, CSR, TCRR
`Certified Shorthand Reporter
`2593 Myrtle Road
`Diana, TX 75640
`(903) 720-6009
`shellyholmes@hotmail.com
`
`COURT REPORTER:
`
`(Proceedings recorded by mechanical stenography, transcript
`produced on a CAT system.)
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`Case 5:20-cv-09341-EJD Document 133-5 Filed 03/09/22 Page 3 of 7
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`2
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`FOR THE PLAINTIFF: Mr. Rick Milvenan
`McGinnis Lochridge, LLP
`1111 W. 6th Street
`Suite 400
`Austin, TX 78703
`
`
`FOR INTEL:
`
`Mr. Philip Ou
`Paul Hastings, LLP
`1117 South California Avenue
`Palo Alto, CA 94304
`Ms. Claire M. Specht
`WilmerHale
`60 State Street
`Boston, MA 02109
`Mr. J. Stephen Ravel
`Kelly Hart & Hallman, LLP
`303 Colorado Street
`Suite 2000
`Austin, TX 78701
`
`FOR THE SAMSUNG:
`
`Mr. Brian C. Nash
`Pillsbury Winthrop Shaw Pittman, LLP
`401 Congress Avenue
`Suite 1700
`Austin, TX 78701-3797
`
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`Case 5:20-cv-09341-EJD Document 133-5 Filed 03/09/22 Page 4 of 7
`Case 5:20-cv-09341-EJD Document 133-5 Filed 03/09/22 Page 4 of 7
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`and we don't understand why.
`
`So now we're back with you, Your Honor, asking
`
`that you order, one,
`
`them to tell us where the alternative
`
`reactors,
`
`two,
`
`to go to their power
`
`protective mechanisms are, wherever they may be, and these
`rc
`if there is one; and,
`
`the Northern District of California where it does
`
`
`
`source suppliers and ask them what
`
`they recommend using as
`
`
`
`a protective mechanism, whether it's an RF filter or an
`
`alternative protective mechanism, and let us know what
`
`they
`
`Say.
`
`THE COURT: Okay.
`
`A response?
`
`MR. OU: Yes, Your Honor.
`
`Phil Ou on behalf of
`
`Intel and Samsung.
`
`Thank you, Your Honor.
`
`Your Honor, back in the hearing that we had back
`
`in September, Your Honor, we agreed to do an inspection
`
`of -- of our reactors.
`
`We did exactly what Mr. Wells asked
`
`us to do.
`
`I can read verbatim the specific instructions
`
`you gave us.
`
`You said, go look at the DC power supply,
`
`follow
`
`the connections to the target, and see if there were any
`
`filters.
`
`We asked Samsung to do that.
`
`We asked Intel to do
`
`that.
`
`We even asked Applied Materials to do that.
`
`As Your
`
`Honor knows, Applied Materials has a large laboratory in
`
`
`
`demonstrations for its customers.
`
`And we had someone go in, spend two days --
`
`actually go into the lab,
`
`inspect representative chambers,
`
`and gave them a detailed declaration of what
`
`the -- of what
`
`our engineer saw, and there is no -- and there is no
`
`filter, Your Honor, nor is there an alternative protect --
`
`alternative protection mechanism.
`
`I think the problem here, Your Honor,
`
`is Mr. Wells
`
`said they're still not getting what
`
`they need. And the
`
`reason they're not getting what
`
`they need is because there
`
`is no filter. And we've given them discovery time and time
`
`again that shows that.
`
`
`
`Case 5:20-cv-09341-EJD Document 133-5 Filed 03/09/22 Page 5 of 7
`Case 5:20-cv-09341-EJD Document 133-5 Filed 03/09/22 Page 5of7
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`There is no filter. And this notion of
`
`This latest regquest, Your Honor,
`
`is now for us to
`
`go to the power supply manufacturers. We've done that
`
`also, Your Honor. Mr. Wells's statement that we've only
`
`gone to one,
`
`that's simply not true. We've supplemented
`
`our interrogatory responses. We've gone to every single
`
`one of them.
`
`And the reality is, Your Honor,
`
`that Mr. Wells has
`
`subpoenaed these power supply manufacturers. They've
`
`produced documents,
`
`they've produced schematics.
`
`They have
`
`the information, meaning Demaray has the information, and
`
`they're just not getting what they're looking for.
`
`And that's because there is no narrowband
`
`rejection filter.
`
`
`
`10
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`an alternative protection mechanism,
`
`that's something that
`
`Mr. Wells and their -- their team has frankly made up, Your
`
`Honor.
`
`Dr. Demaray had a problem 20 years ago where his
`
`power supplies burned, and we're not sure why that
`
`happened. But that doesn't mean that all the power
`
`supplies going forward today -- there is no warning.
`
`There's never been a problem.
`
`We've asked everybody what alternative protection
`
`mechanisms there are, and they say, we don't have a problem
`
`with this.
`
`These are power supplies.
`
`The power supply
`
`designs haven't changed for -- for two decades.
`
`And so, Your Honor, we're honestly not sure what
`
`more we can do. We've supplemented our interrogatory
`
`response --
`
` THE COURT:
`
`Let me interrupt a second.
`
`MR. OU: Yes, Your Honor.
`
`THE COURT: And ask Mr. Maze
`
`(sic) -- give me one
`
`second.
`
`So, Mr. Maze, tell me specifically what you want
`
`
`me to order them to do because I -- counsel is representing
`
`
`
`
`
`Case 5:20-cv-09341-EJD Document 133-5 Filed 03/09/22 Page 6 of 7
`Case 5:20-cv-09341-EJD Document 133-5 Filed 03/09/22 Page 6 of 7
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`do?
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`that they -- that everything they can do in-house,
`
`they've
`
`done everything they can do at the suppliers.
`
`So what --
`
`what is it that you're asking me to order the Defendants to
`
`
`
`Case 5:20-cv-09341-EJD Document 133-5 Filed 03/09/22 Page 7 of 7
`
`47
`
`CERTIFICATION
`
`I HEREBY CERTIFY that the foregoing is a true and
`correct transcript from the stenographic notes of the
`proceedings in the above-entitled matter to the best of my
`ability.
`
` /S/ Shelly Holmes
`SHELLY HOLMES, CSR, TCRR
`CERTIFIED SHORTHAND REPORTER
`State of Texas No.: 7804
`Expiration Date: 10/31/2023
`
`11/30/2021
`Date
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