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`Case 5:20-cv-09341-EJD Document 185 Filed 09/28/22 Page 1 of 7
`
`IRELL & MANELLA LLP
`Morgan Chu (70446)
`MChu@irell.com
`Benjamin W. Hattenbach (186455)
`BHattenbach@irell.com
`Samuel K. Lu (171969)
`SLu@irell.com
`Olivia L. Weber (319918)
`OWeber@irell.com
`1800 Avenue of the Stars, Suite 900
`Los Angeles, California 90067-4276
`Telephone: (310) 277-1010
`Facsimile:
`(310) 203-7199
`
`FOLIO LAW GROUP PLLC
`C. Maclain Wells (221609)
`Maclain@foliolaw.com
`2376 Pacific Ave.
`San Francisco, CA 94115
`(415) 562-8632
`
`Attorneys for Defendant
`and Counterclaim-Plaintiff
`DEMARAY LLC
`
`APPLIED MATERIALS, INC.,
`
`
`Plaintiff,
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`Case No. 5:20-cv-09341-EJD
`
`DEMARAY LLC'S ANSWER TO
`APPLIED MATERIALS, INC.'S
`COUNTERCLAIMS IN REPLY TO
`DEMARAY LLC'S COUNTERCLAIMS
`
`
`DEMAND FOR JURY TRIAL
`
`
`
`
`
`
`DEMARAY LLC'S ANSWER TO APPLIED
`MATERIALS, INC.'S COUNTERCLAIMS IN REPLY
`TO DEMARAY LLC'S COUNTERCLAIMS
`
`
`
`
`DEMARAY LLC,
`
`
`vs.
`
`Defendant.
`
`
`
`
`
`11142851
`
`
`

`

`Case 5:20-cv-09341-EJD Document 185 Filed 09/28/22 Page 2 of 7
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`Defendant and Counterclaim Plaintiff Demaray LLC ("Demaray"), by its undersigned
`counsel, hereby submits its Answer to Applied Material, Inc.'s Counterclaims In Reply To Demaray
`LLC's Counterclaims. Solely for convenience, the headings from the counterclaims in reply (i.e.,
`the counterclaims to the counterclaims) are reproduced here. To the extent not specifically admitted
`herein, the allegations of the counterclaims in reply are denied.
`1.
`Demaray admits that Applied Materials, Inc. ("Applied") has filed this civil action,
`the complaint for which purports to seek a declaratory judgment of non-infringement. Demaray
`denies that Applied's complaint seeks a declaratory judgement of invalidity of United States Patent
`Nos. 7,544,276 (the "'276 patent") and 7,381,657 (the "'657 patent") (collectively, the "Asserted
`Patents"). Demaray admits that Applied's counterclaims in reply to Demaray's counterclaims seeks
`a declaratory judgment of invalidity of the Asserted Patents under the patent laws of the United
`States, 35 U.S.C. § 1 et seq., including 35 U.S.C. §§ 101, 102, 103, 112 and/or 116. Demaray denies
`any remaining allegations in this paragraph 1.
`PARTIES
`2.
`Demaray admits that Applied asserts that it is a corporation organized and existing
`under the laws of the state of Delaware, with its principal place of business at 3050 Bowers Avenue,
`Santa Clara, CA 95054-3299. Demaray admits that Applied's business includes technology and
`products used for semiconductor fabrication, including but not limited to reactors in the Endura
`product line. Demaray admits that it has accused reactors in the Endura product line of infringing
`the Asserted Patents. Demaray is without knowledge sufficient to admit or deny the remaining
`allegations in this paragraph 2 and therefore denies them.
`3.
`Demaray admits that Demaray is a limited liability company organized and existing
`under the laws of the state of Delaware. Demaray admits that the address of its registered office is
`9 East Loockerman Street, Suite 202, Dover, DE 19901. Demaray denies any remaining allegations
`in this paragraph 3.
`
`JURISDICTION AND VENUE
`4.
`Demaray admits that Applied has filed an action purporting to seek a declaratory
`judgment of non-infringement under the Declaratory Judgment Act, 28 U.S.C. § 2201, and under
`
`11142851
`
`
`- 1 -
`
`DEMARAY LLC'S ANSWER TO APPLIED
`MATERIALS, INC.'S COUNTERCLAIMS IN REPLY
`TO DEMARAY LLC'S COUNTERCLAIMS
`
`

`

`Case 5:20-cv-09341-EJD Document 185 Filed 09/28/22 Page 3 of 7
`
`the patent laws of the United States. Demaray admits that the Court has found that it has subject
`matter jurisdiction over Applied's declaratory judgment action for non-infringement. The paragraph
`contains legal conclusions to which no response is required. Demaray denies any remaining
`allegations in this paragraph 4.
`5.
`For purposes of this case only, Demaray admits that this Court has specific and
`general personal jurisdiction over Demaray. The paragraph contains legal conclusions to which no
`response is required. Demaray denies any remaining allegations in this paragraph 5.
`6.
`For purposes of this case only, Demaray admits that this Court has specific and
`general personal jurisdiction over Demaray. Demaray admits that it has filed complaints against
`Intel and Samsung in the United States District Court for the Western District of Texas. Demaray
`admits that it has answered Applied's complaint for declaratory judgment of non-infringement
`without asserting a defense of lack of personal jurisdiction. The paragraph contains legal
`conclusions to which no response is required. Demaray denies any remaining allegations in this
`paragraph 6.
`7.
`For purposes of this case, Demaray admits that venue is proper in this district. For
`purposes of this case only, Demaray admits that this Court has personal jurisdiction over Demaray.
`Demaray admits that Dr. Demaray has worked at Applied Komatsu, Varian Associates,
`Symmorphix, and Demaray, including at locations in California. Demaray also admits that certain
`of the research and development of the Asserted Patents was performed in Northern California.
`Demaray further admits that it has answered Applied's complaint for declaratory judgment of non-
`infringement without asserting a defense of improper venue. Demaray is without knowledge
`sufficient to admit or deny the allegations regarding Ravi Mullapudi, Gary Edwards, Larry Edelman,
`Jim Scholer, James Sponseller, and Mike Danaher in this paragraph 7 and therefore denies them.
`Demaray denies that Applied has a license to the Asserted Patents. Demaray denies any remaining
`allegations in this paragraph 7.
`
`
`
`
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`11142851
`
`
`- 2 -
`
`DEMARAY LLC'S ANSWER TO APPLIED
`MATERIALS, INC.'S COUNTERCLAIMS IN REPLY
`TO DEMARAY LLC'S COUNTERCLAIMS
`
`

`

`Case 5:20-cv-09341-EJD Document 185 Filed 09/28/22 Page 4 of 7
`
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`COUNTERCLAIM I
`(Declaration of Invalidity of U.S. Patent No. 7,544,276)
`8.
`Demaray repeats and incorporates by reference its responses to Paragraphs 1 to 7 as
`though fully set forth herein.
`9.
`Demaray admits that there is an actual and justiciable controversy between Applied
`Materials and Demaray concerning the validity of the '276 patent.
`10.
`Demaray denies the allegations of Paragraph 10.
`11.
`Demaray denies the allegations of Paragraph 11.
`12.
`Demaray denies the allegations of Paragraph 12.
`13.
`Demaray denies the allegations of Paragraph 13.
`["1. A reactor according to the present invention, comprising:"]
`14.
`Demaray admits that the excerpted text and excerpted figure appear in Exhibit 1.
`Demaray denies any remaining allegations in this paragraph 14.
`["a target area for receiving a target;"]
`15.
`Demaray admits that the excerpted text, excerpted figure, and cited figure appear in
`Exhibit 1. Demaray denies any remaining allegations in this paragraph 15.
`["a substrate area opposite the target area for receiving a substrate;"]
`16.
`Demaray admits that the excerpted text and excerpted figure appear in Exhibit 1.
`Demaray denies any remaining allegations in this paragraph 16.
`[“a pulsed DC power supply coupled to the target area, the pulsed DC power supply
`providing alternating negative and positive voltages to the target”]
`17.
`Demaray admits that the excerpted text and excerpted figure appear in Exhibit 1.
`Demaray denies any remaining allegations in this paragraph 17.
`18.
`Demaray admits that Paragraph 45 of its Counterclaims recites that "the Advanced
`Energy Pinnacle power supplies provide one or more pulses of DC to a target, for example, during
`arc suppression, such that the voltage on the target alternates between negative and positive
`voltages." Demaray admits that the remaining excerpted text and the cited figure appear in Exhibit
`1. Demaray denies any remaining allegations in this paragraph 18.
`
`11142851
`
`
`- 3 -
`
`DEMARAY LLC'S ANSWER TO APPLIED
`MATERIALS, INC.'S COUNTERCLAIMS IN REPLY
`TO DEMARAY LLC'S COUNTERCLAIMS
`
`

`

`
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`Case 5:20-cv-09341-EJD Document 185 Filed 09/28/22 Page 5 of 7
`
`19.
`Demaray denies the allegations of Paragraph 19.
`["an RF bias power supply coupled to the substrate;"]
`20.
`Demaray admits that the excerpted text, excerpted figure, and cited figure appear in
`Exhibit 1. Demaray denies any remaining allegations in this paragraph 20.
`["and a narrow band-rejection filter that rejects at a frequency of the RF bias power
`supply coupled between the pulsed DC power supply and the target area."]
`21.
`Demaray denies the allegations of Paragraph 21.
`22.
`Demaray denies the allegations of Paragraph 22.
`COUNTERCLAIM II
`(Declaration of Invalidity of U.S. Patent No. 7,381,657)
`23.
`Demaray repeats and incorporates by reference its responses to Paragraphs 1 to 7 as
`though fully set forth herein.
`24.
`Demaray admits that there is an actual and justiciable controversy between Applied
`Materials and Demaray concerning the validity of the '657 patent.
`25.
`Demaray denies the allegations of Paragraph 25.
`26.
`Demaray denies the allegations of Paragraph 26.
`27.
`Demaray denies the allegations of Paragraph 27.
`28.
`Demaray denies the allegations of Paragraph 28.
`["1. A method of depositing a film on an insulating substrate, comprising:"]
`29.
`Demaray admits that the excerpted text and figure appear in Exhibit 1. Demaray
`denies any remaining allegations in this paragraph 29.
`["providing a process gas between a conductive target and the substrate;"]
`30.
`Demaray admits that the excerpted text and figure appear in Exhibit 1. Demaray
`denies any remaining allegations in this paragraph 30.
`
`
`
`
`
`
`11142851
`
`
`- 4 -
`
`DEMARAY LLC'S ANSWER TO APPLIED
`MATERIALS, INC.'S COUNTERCLAIMS IN REPLY
`TO DEMARAY LLC'S COUNTERCLAIMS
`
`

`

`Case 5:20-cv-09341-EJD Document 185 Filed 09/28/22 Page 6 of 7
`
`["providing pulsed DC power to the target through a narrow band rejection filter
`
`such that the target alternates between positive and negative voltages;"]
`
`31.
`Demaray admits that the excerpted text and figure appear in Exhibit 1. Demaray
`denies any remaining allegations in this paragraph 31.
`32.
`Demaray admits that Paragraph 45 of its Counterclaims recites that "the Advanced
`Energy Pinnacle power supplies provide one or more pulses of DC to a target, for example, during
`arc suppression, such that the voltage on the target alternates between negative and positive
`voltages." Demaray admits that the remaining excerpted text and the cited figure appears in Exhibit
`1. Demaray denies any remaining allegations in this paragraph 32.
`33.
`Demaray denies the allegations of Paragraph 33.
`34.
`Demaray denies the allegations of Paragraph 34.
`["providing an RF bias at a frequency that corresponds to the narrow band rejection
`filter to the substrate;"]
`35.
`Demaray admits that the excerpted text, excerpted figure, and cited figure appear in
`Exhibit 1. Demaray denies any remaining allegations in this paragraph 35.
`["providing a magnetic field to the target; and reconditioning the target;"]
`36.
`Demaray admits that the excerpted text and cited figure appears in Exhibit 1.
`Demaray denies any remaining allegations in this paragraph 36.
`37.
`Demaray denies the allegations of Paragraph 37.
`["wherein reconditioning the target includes reactive sputtering in the metallic mode
`and then reactive sputtering in the poison mode."]
`38.
`Demaray admits that the excerpted text and cited figure appear in Exhibit 1.
`Demaray denies any remaining allegations in this paragraph 38.
`39.
`Demaray denies the allegations of Paragraph 39.
`40.
`Demaray denies the allegations of Paragraph 40.
`
`
`
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`11142851
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`
`- 5 -
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`DEMARAY LLC'S ANSWER TO APPLIED
`MATERIALS, INC.'S COUNTERCLAIMS IN REPLY
`TO DEMARAY LLC'S COUNTERCLAIMS
`
`

`

`Case 5:20-cv-09341-EJD Document 185 Filed 09/28/22 Page 7 of 7
`
`PRAYER FOR RELIEF ON APPLIED MATERIALS' COUNTERCLAIMS [IN REPLY]
`Demaray denies that Applied is entitled to any of the relief sought in Applied's prayer for
`
`relief.
`
`DEMAND FOR JURY TRIAL
`
`Demaray admits that Applied purports to request a trial by jury of all issues so triable.
`
`Dated: September 28, 2022
`
`Respectfully submitted,
`Irell & Manella LLP
`
`/s/ Samuel K. Lu
`By:
`Samuel K. Lu
`Attorneys for Defendant
`and Counterclaim-Plaintiff
`DEMARAY LLC
`
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`11142851
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`- 6 -
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`DEMARAY LLC'S ANSWER TO APPLIED
`MATERIALS, INC.'S COUNTERCLAIMS IN REPLY
`TO DEMARAY LLC'S COUNTERCLAIMS
`
`