Case 5:20-cv-09341-EJD Document 144-2 Filed 03/30/22 Page 1 of 6
`Case 5:20-cv-09341-EJD Document 144-2 Filed 03/30/22 Page 1 of 6
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`EXHIBIT 7
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`Case 5:20-cv-09341-EJD Document 144-2 Filed 03/30/22 Page 1 of 6
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`EXHIBIT 7
`EXHIBIT 7
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`Case 5:20-cv-09341-EJD Document 144-2 Filed 03/30/22 Page 2 of 6
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`Before The Honorable Nathanael M. Cousins, Magistrate Judge
`
`APPLIED MATERIALS, INC., )
`)
`Plaintiffs,
`
`))
`
`vs.
`) No. C 20-09341-EJD
`)
`DEMARAY, LLC.,
`)
`)
`Defendant.
`)
`______________________________)
`
`San Jose, California
`Wednesday, January 12, 2022
`
`TRANSCRIPT OF PROCEEDINGS OF THE OFFICIAL ELECTRONIC SOUND
`RECORDING 1:19 - 1:47 = 28 MINUTES
`
`APPEARANCES:
`For Plaintiff:
`
` BY:
`
`Paul Hastings, LLP
`1117 South California Avenue
`Palo Alto, California 94304
`PHILIP OU, ESQ.
`YAR R. CHAIKOVSKY, ESQ.
`Paul Hastings, LLP
`101 California Street
`Forty-Eighth Floor
`San Francisco, California
` 94111
` BY: MATTHIAS ANDREAS KAMBER, ESQ.
`
`(APPEARANCES CONTINUED ON THE NEXT PAGE.)
`
` Echo Reporting, Inc.
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`Case 5:20-cv-09341-EJD Document 144-2 Filed 03/30/22 Page 3 of 6
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`2
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`APPEARANCES: (Cont’d.)
`For Defendant:
`
`Irell & Manella, LLP
`1800 Avenue of the Stars
`Suite 900
`Los Angeles, California 90067
` BY: CRAWFORD MACLAIN WELLS, ESQ.
`
`Echo Reporting, Inc.
`Transcribed by:
` Contracted Court Reporter/
` Transcriber
`
`echoreporting@yahoo.com
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`Case 5:20-cv-09341-EJD Document 144-2 Filed 03/30/22 Page 4 of 6
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`23
`From our view, without actual infringement claims, it seems
`as though the rules just go to 4-1 and 4-2, but I don’t want
`to -- guidance on that issue would probably help us in our
`meet and confer.
`THE COURT: Yes.
`MR. WELLS: And your Honor, if I could weigh in
`one issue that is -- on this? We met and conferred last --
`late last week on the targeted disclosures that we asked for
`on the 31st.
`THE COURT: Right.
`MR. WELLS: And we’re drafting a motion to compel
`and we’ll be submitting that to your Honor after we get the
`input from the other side and do a joint submission, but I’m
`guessing that will come early next week. So that will be --
`we’ll be back before you, likely, once that’s submitted.
`THE COURT: All right. So, thank you -- this is
`
`helpful.
`So you’ve described the targeted disclosures that
`Demaray wants here, put a line entry for that in your
`proposed order, as to when you’re wanting them by. I’m not
`looking for a narrative of every little detail of what
`you’re seeking, you’re just -- you described it at the
`beginning of the hearing today -- but just so that I see
`that there’s a date and what it is that you’re suggesting be
`by that time period.
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`Case 5:20-cv-09341-EJD Document 144-2 Filed 03/30/22 Page 5 of 6
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`And then on the Applied side, I agree it would be
`helpful to you if you had a resolution of this and I’m going
`to foot the duty back on you, which is I want to see what
`each of you are proposing, as far as the deadlines go, and
`then I will issue a ruling about -- you know, in my schedule
`when I issue a ruling, it’s going -- my goal would be to
`give you some clarity about the 3-1 versus the 4-1, kind of
`where you’re jumping off on. I agree -- I agree you need
`resolution of that issue, but I want to see your overall
`case schedule that you’re proposing before I rule on it.
`MR. OU: Understood, your Honor.
`THE COURT: You might have to have a -- you know,
`kind of a -- if A, then this. If B, then this. And I know
`that makes things more complicated, but perhaps that’s the
`way you’ve got to draft it.
`MR. OU: Understood, your Honor. And just one
`final point, just because it’s an issue that Mr. Wells
`raised.
`
`THE COURT: Yes.
`MR. OU: In terms of claim construction discovery.
`In our 4-2 disclosures a few months ago, we did consider
`whether or not we would put in an expert declaration. Given
`the timing and the delay it’s caused, if it advances
`forward, in terms of briefing, we’re happy not to submit an
`expert declaration. It doesn’t seem like Mr. Wells is
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`Case 5:20-cv-09341-EJD Document 144-2 Filed 03/30/22 Page 6 of 6
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`CERTIFICATE OF TRANSCRIBER
`
`27
`
`I certify that the foregoing is a true and correct
`transcript, to the best of my ability, of the above pages of
`the official electronic sound recording provided to me by
`the U.S. District Court, Northern District of California, of
`the proceedings taken on the date and time previously stated
`in the above matter.
`I further certify that I am neither counsel for,
`related to, nor employed by any of the parties to the action
`in which this hearing was taken; and, further, that I am not
`financially nor otherwise interested in the outcome of the
`action.
`
`Echo Reporting, Inc., Transcriber
`Monday, January 17, 2022
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