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`Case 5:20-cv-09341-EJD Document 186-1 Filed 10/13/22 Page 1 of 3
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`
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`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
`DEMARAY LLC
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`
`APPLIED MATERIALS, INC.,
`
`
`Plaintiff,
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`
`
`DEMARAY LLC,
`
`
`vs.
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`Defendant.
`
` Case No. 5:20-cv-09341-EJD
`
`DECLARATION OF C. MACLAIN
`
`WELLS IN SUPPORT OF THE JOINT
`STIPULATION AND [PROPOSED]
`ORDER TO ENLARGE TIME FOR
`
`SERVING INFRINGEMENT
`CONTENTIONS AND INVALIDITY
`CONTENTIONS
`
`Honorable Edward J. Davila
`
`
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`WELLS DECLARATION ISO JOINT STIPULATION
`AND [PROPOSED] ORDER TO ENLARGE TIME
`
`
`
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`(Case No. 5:20-cv-09341-EJD)
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`Case 5:20-cv-09341-EJD Document 186-1 Filed 10/13/22 Page 2 of 3
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`DECLARATION OF C. MACLAIN WELLS
`I, C. Maclain Wells, hereby declare as follows:
`1.
`I am an attorney at the law firm of Folio Law Group PLLC, counsel for Defendant
`
`Demaray LLC (“Demaray”). I am a member in good standing of the State Bar of California and
`have been duly licensed to practice law before all of the courts of the State of California. I submit
`
`this declaration in support of the parties’ stipulation to enlarge time for serving infringement and
`invalidity contentions. I have personal knowledge of the matters set forth in this declaration and,
`if called as a witness, could testify to its contents.
`2.
`On October 12, 2022, counsel for the parties agreed to stipulate to enlarge time for
`serving infringement and invalidity contentions as put forth in the stipulation.
`3.
`Discovery is ongoing and certain related discovery has been recently produced. If
`the time for Demaray to serve infringement contentions is not extended, Demaray will be
`prejudiced by having to serve its preliminary infringement contentions without sufficient time to
`analyze recently produced discovery.
`4.
`A corresponding seven-day extension for Applied Materials, Inc. to serve its
`invalidity contentions is appropriate to avoid prejudicing Applied.
`5.
`Previously, time in this case has been modified as follows: Demaray’s time to
`answer Applied’s complaint was extended 1 day by stipulation, Dkt. 25; Applied was granted an
`extension of time of seven days to file a response to Demaray’s Motion to Dismiss, Dkt. 32;
`Demaray was granted an extension of time of six days to file a reply in support of its Motion to
`Dismiss, Dkt. 39; the time to hear Applied’s Motion to Compel was shortened, Dkt. 88; the time to
`hear Demaray’s Motion to Amend its response was shortened, Dkt. 149; and Applied was granted
`an extension of seven days to file a response to Demaray’s Amended Answer, Dkt. 183.
`6.
`The stipulation to enlarge Demaray’s time to serve its infringement contentions and
`Applied Materials’ time to serve its invalidity contentions will not affect any other deadlines set
`by the Court.
`
`
`
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`WELLS DECLARATION ISO JOINT STIPULATION
`AND [PROPOSED] ORDER TO ENLARGE TIME
`
`
`- 1 -
`
`
`
`(Case No. 5:20-cv-09341-EJD)
`
`
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`

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`Case 5:20-cv-09341-EJD Document 186-1 Filed 10/13/22 Page 3 of 3
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`Executed on October 13, 2022 in San Francisco, California. I declare under penalty of
`perjury that the foregoing is true and correct.
`
`
`
`
`
`By: /s/ C. Maclain Wells
`C. Maclain Wells
`
`Attorneys for Defendant DEMARAY LLC
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`WELLS DECLARATION ISO JOINT STIPULATION
`AND [PROPOSED] ORDER TO ENLARGE TIME
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`- 2 -
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`
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`(Case No. 5:20-cv-09341-EJD)
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