10/21/2020
`
`CAND-ECF
`
`ADRMOP,AO279
`
`U.S. District Court
`
`California Northern District (San Jose)
`
`CIVIL DOCKET FOR CASE #: 5:20-cv-05676-EJD
`
`Applied Materials, Inc. v. Demaray LLC
`
`Assigned to: Judge Edward J. Davila
`
`Referred to: Judge Nathanael M. Cousins
`
`Cause: 28:2201 Declaratory Judgement
`Plaintiff
`Applied Materials, Inc.
`
`V.
` Defendant
`Demaray LLC
`
`Date Filed: 08/13/2020
`
`Jury Demand: Plaintiff
`
`Nature of Suit: 830 Patent
`
`Jurisdiction: Federal Question
`
`represented by Yar R. Chaikovsky
`Paul Hastings
`1117 S. California Avenue
`Palo Alto, CA 94304
`650-320-1832
`Fax: 650-320-1900
`Email: yarchaikovsky@paulhastings.com
`LEAD ATTORNEY
`
`ATTORNEY TO BE NOTICED
`
`Philip Ou
`Paul Hastings LLP
`1117 S. California Avenue
`Palo Alto, CA 94304
`650-820-1858
`Fax: 650-820-1900
`Email: philipou@paulhastings.com
`ATTORNEY TO BE NOTICED
`
`represented by Benjamin W. Hattenbach
`Irell & Manella LLP
`1800 Avenue of the Stars
`Suite 900
`Los Angeles, CA 90067-4271
`310-277-1010
`Fax: 310-203-7199
`Email: bhattenbach@irell.com
`LEAD ATTORNEY
`
`ATTORNEY TO BE NOTICED
`
`Morgan Chu
`Irell & Manella LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067-4271
`(310) 277-1010
`Fax: (310) 203-7199
`
`https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?118970277017959-L_1_0-1
`
`1/5
`
`Page 1 of 5
`
`APPLIED MATERIALS EXHIBIT 1079
`
`

`

`10/21/2020
`
`CAND-ECF
`
`Email: mchu@irell.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Crawford Maclain Wells
`IRELL & MANELLA LLP
`1800 Avenue of the Stars
`Suite 900
`Los Angeles, CA 90067-4276
`310-203-7565
`Fax: 310-203-7199
`Email: mwells@irell.com
`ATTORNEY TO BE NOTICED
`
`Date Filed
`08/13/2020
`
`08/13/2020
`08/13/2020
`
`08/13/2020
`
`08/14/2020
`
`# Docket Text
`1 COMPLAINT against Demaray LLC ( Filing fee $ 400, receipt number 0971-14814038.).
`Filed byApplied Materials, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C,
`# 4 Exhibit D, # 5 Civil Cover Sheet)(Chaikovsky, Yar) (Filed on 8/13/2020) (Entered:
`08/13/2020)
`2 Proposed Summons. (Chaikovsky, Yar) (Filed on 8/13/2020) (Entered: 08/13/2020)
`3 REPORT on the filing or determination of an action regarding a Patent or Trademark (cc:
`form mailed to register). (Chaikovsky, Yar) (Filed on 8/13/2020) (Entered: 08/13/2020)
`4 Corporate Disclosure Statement by Applied Materials, Inc. (Chaikovsky, Yar) (Filed on
`8/13/2020) (Entered: 08/13/2020)
`5 Case assigned to Judge Nathanael M. Cousins.
`
`Counsel for plaintiff or the removing party is responsible for serving the Complaint or
`Notice of Removal, Summons and the assigned judge's standing orders and all other new
`case documents upon the opposing parties. For information, visit E-Filing A New Civil
`Case at http://cand.uscourts.gov/ecf/caseopening.
`
`Standing orders can be downloaded from the court's web page at
`www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned
`electronically. Counsel is required to send chambers a copy of the initiating documents
`pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing
`(NEF) within two business days. Consent/Declination due by 8/28/2020. (haS, COURT
`STAFF) (Filed on 8/14/2020) (Entered: 08/14/2020)
`6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management
`Statement due by 11/11/2020. Initial Case Management Conference set for 11/18/2020
`10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on
`8/14/2020) (Entered: 08/14/2020)
`7 Summons Issued as to Demaray LLC. (sfbS, COURT STAFF) (Filed on 8/14/2020)
`(Entered: 08/14/2020)
`8 SUMMONS Returned Executed by Applied Materials, Inc.. Demaray LLC served on
`8/20/2020, answer due 9/10/2020. (Chaikovsky, Yar) (Filed on 8/21/2020) (Entered:
`08/21/2020)
`9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Applied
`Materials, Inc... (Chaikovsky, Yar) (Filed on 8/28/2020) (Entered: 08/28/2020)
`https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?118970277017959-L_1_0-1
`
`08/28/2020
`
`2/5
`
`08/14/2020
`
`08/14/2020
`
`08/21/2020
`
`Page 2 of 5
`
`

`

`10/21/2020
`08/28/2020
`
`CAND-ECF
`10 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT
`JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge
`because a party has not consented to the jurisdiction of a Magistrate Judge. You will be
`informed by separate notice of the district judge to whom this case is reassigned.
`
`ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT
`MAGISTRATE JUDGE ARE VACATED.
`
`08/28/2020
`
`08/28/2020
`
`12
`
`09/01/2020
`
`09/04/2020
`
`This is a text only docket entry; there is no document associated with this notice. (lmh,
`COURT STAFF) (Filed on 8/28/2020) (Entered: 08/28/2020)
`11 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random,
`and blind system pursuant to General Order No. 44 to Judge Edward J. Davila for all
`further proceedings. Notice: The assigned judge participates in the Cameras in the
`Courtroom Pilot Project. See General Order No. 65 and
`http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins remains
`as referral judge assigned to case. Reassignment Order signed by Clerk on 8/28/2020.
`(Attachments: # 1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF)
`(Filed on 8/28/2020) (Entered: 08/28/2020)
`(Text Only) CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE
`FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 11/30/2020.
`Initial Case Management Conference set for 12/10/2020 10:00 AM in San Jose,
`Courtroom 4, 5th Floor before Hon. Edward J. Davila. The Court does not issue a revised
`Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be
`downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. This is a text
`only docket entry, there is no document associated with this notice. (amkS, COURT
`STAFF) (Filed on 8/28/2020) (Entered: 08/28/2020)
`13 AMENDED COMPLAINT First Amended Complaint for Declaratory Judgment against
`Demaray LLC. Filed byApplied Materials, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit
`B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Chaikovsky, Yar) (Filed on
`9/1/2020) (Entered: 09/01/2020)
`14 MOTION for Preliminary Injunction Applied Materials, Inc.'s Motion for Preliminary
`Injunction to Enjoin Demaray LLC from Proceeding with Customer Suits During the
`Pendency of this Action filed by Applied Materials, Inc.. Motion Hearing set for
`10/22/2020 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila.
`Responses due by 9/18/2020. Replies due by 9/25/2020. (Attachments: # 1 Declaration of
`Boris Lubarsky, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, #
`7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Proposed
`Order)(Chaikovsky, Yar) (Filed on 9/4/2020) (Entered: 09/04/2020)
`15 Renotice motion hearing re 14 MOTION for Preliminary Injunction Applied Materials,
`Inc.'s Motion for Preliminary Injunction to Enjoin Demaray LLC from Proceeding with
`Customer Suits During the Pendency of this Action filed byApplied Materials, Inc..
`(Related document(s) 14 ) (Chaikovsky, Yar) (Filed on 9/10/2020) (Entered: 09/10/2020)
` ***Set/Reset Motion hearing per ECF 15 Re-Notice: as to 14 Motion for Preliminary
`Injunction. Motion Hearing set for 11/12/2020 09:00 AM in San Jose, Courtroom 4, 5th
`Floor before Judge Edward J. Davila. (amkS, COURT STAFF) (Filed on 9/10/2020)
`(Entered: 09/11/2020)
`16 NOTICE of Appearance by Benjamin W. Hattenbach (Hattenbach, Benjamin) (Filed on
`9/11/2020) (Entered: 09/11/2020)
`17 NOTICE of Appearance by Crawford Maclain Wells (Wells, Crawford) (Filed on
`09/11/2020
`https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?118970277017959-L_1_0-1
`
`09/10/2020
`
`09/10/2020
`
`09/11/2020
`
`3/5
`
`Page 3 of 5
`
`

`

`10/21/2020
`
`09/11/2020
`
`09/11/2020
`
`09/11/2020
`
`09/15/2020
`
`09/15/2020
`
`09/25/2020
`
`09/25/2020
`
`09/28/2020
`
`09/29/2020
`
`09/29/2020
`
`10/09/2020
`
`CAND-ECF
`
`9/11/2020) (Entered: 09/11/2020)
`18 MOTION for Extension of Time to File Response/Reply as to 14 MOTION for
`Preliminary Injunction Applied Materials, Inc.'s Motion for Preliminary Injunction to
`Enjoin Demaray LLC from Proceeding with Customer Suits During the Pendency of this
`Action filed by Demaray LLC. (Attachments: # 1 Declaration, # 2 Proposed Order)(Wells,
`Crawford) (Filed on 9/11/2020) (Entered: 09/11/2020)
`19 Certificate of Interested Entities by Demaray LLC (Wells, Crawford) (Filed on 9/11/2020)
`(Entered: 09/11/2020)
`20 STIPULATION re 13 Amended Complaint, filed by Demaray LLC. (Wells, Crawford)
`(Filed on 9/11/2020) (Entered: 09/11/2020)
`21 Order Granting 18 Defendant Demaray LLC's Unopposed Motion for Extension of
`Time to Respond to Plaintiff Applied Materials' Motion for Preliminary Injunction.
`Signed by Judge Edward J. Davila on 9/15/2020. (ejdlc2S, COURT STAFF) (Filed on
`9/15/2020) (Entered: 09/15/2020)
` ***Set/Reset Deadlines per ECF 21 Order: as to 14 Motion for Preliminary Injunction.
`Response due by 9/25/2020. (amkS, COURT STAFF) (Filed on 9/15/2020) (Entered:
`09/16/2020)
`22 NOTICE of Appearance by Morgan Chu for Demaray (Chu, Morgan) (Filed on 9/25/2020)
`(Entered: 09/25/2020)
`23 OPPOSITION/RESPONSE (re 14 MOTION for Preliminary Injunction Applied Materials,
`Inc.'s Motion for Preliminary Injunction to Enjoin Demaray LLC from Proceeding with
`Customer Suits During the Pendency of this Action ) filed byDemaray LLC. (Attachments:
`# 1 Declaration of Dr. Demaray, # 2 Declaration of Wells, # 3 Exhibit 1, # 4 Exhibit 2, # 5
`Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11
`Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit
`14, # 17 Exhibit 15, # 18 Exhibit 16)(Wells, Crawford) (Filed on 9/25/2020) (Entered:
`09/25/2020)
`24 MOTION for Extension of Time to File Response/Reply as to 23 Opposition/Response to
`Motion,, Applied Material, Inc.'s Unopposed Motion for Extension of Time to File Reply
`filed by Applied Materials, Inc.. (Attachments: # 1 Declaration of Philip Ou, # 2 Proposed
`Order)(Chaikovsky, Yar) (Filed on 9/28/2020) (Entered: 09/28/2020)
`25 Order Granting Applied Materials, Inc.'s Unopposed Motion for Extension of Time
`to File Reply to its Motion for Preliminary Injunction. Signed by Judge Edward J.
`Davila on 9/29/2020. (ejdlc2S, COURT STAFF) (Filed on 9/29/2020) (Entered:
`09/29/2020)
` ***Set/Reset Deadlines per ECF 25 Order: as to 14 Motion for Preliminary Injunction.
`Replies due by 10/9/2020. (amkS, COURT STAFF) (Filed on 9/29/2020) (Entered:
`09/29/2020)
`26 Administrative Motion to File Under Seal filed by Applied Materials, Inc.. (Attachments:
`# 1 Declaration Decl. of B. Lubarsky ISO Admin Motion to File Under Seal, # 2 Proposed
`Order, # 3 Redacted Version of Applied Material's Reply ISO Motion for Preliminary
`Injunction, # 4 SEALED Version of Applied Material's Reply ISO Motion for Preliminary
`Injunction, # 5 Redacted Version of Exhibit N, # 6 SEALED Version of Exhibit N, # 7
`Redacted Version of Decl. of R. Greuter, # 8 SEALED Version of Decl. of R. Greuter, # 9
`Redacted Version of Decl. of T. Herrgott, # 10 SEALED Version of Decl. of T. Herrgott, #
`11 Redacted Version of Decl. of D. Hyung Kim, # 12 SEALED Version of Decl. of D.
`
`https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?118970277017959-L_1_0-1
`
`4/5
`
`Page 4 of 5
`
`

`

`10/21/2020
`
`10/09/2020
`
`10/14/2020
`
`10/16/2020
`
`10/19/2020
`
`CAND-ECF
`Hyung Kim, # 13 Redacted Version of Decl. of K. Miller, # 14 SEALED Version of Decl.
`of K. Miller)(Chaikovsky, Yar) (Filed on 10/9/2020) (Entered: 10/09/2020)
`27 ***POSTED IN ERROR. PLEASE SEE DOCKET ENTRY #28*** REPLY (re 14
`MOTION for Preliminary Injunction Applied Materials, Inc.'s Motion for Preliminary
`Injunction to Enjoin Demaray LLC from Proceeding with Customer Suits During the
`Pendency of this Action ) filed byApplied Materials, Inc.. (Attachments: # 1 Declaration of
`B. Lubarsky ISO Applied Material's Reply ISO Motion for Preliminary Injunction, # 2
`Exhibit K, # 3 Exhibit L, # 4 Exhibit M, # 5 Exhibit N, # 6 Declaration of R. Greuter, # 7
`Declaration of T. Herrgott, # 8 Declaration of D. Hyung Kim, # 9 Declaration of K. Miller)
`(Chaikovsky, Yar) (Filed on 10/9/2020) Modified on 10/14/2020 (dhmS, COURT STAFF).
`(Entered: 10/09/2020)
`28 REPLY (re 14 MOTION for Preliminary Injunction Applied Materials, Inc.'s Motion for
`Preliminary Injunction to Enjoin Demaray LLC from Proceeding with Customer Suits
`During the Pendency of this Action ) CORRECTED Reply In Support of Motion for
`Preliminary Injunction filed byApplied Materials, Inc.. (Attachments: # 1 Declaration of
`B. Lubarsky, # 2 Exhibit K, # 3 Exhibit L, # 4 Exhibit M, # 5 Exhibit N, # 6 Declaration of
`R. Greuter, # 7 Declaration of T. Herrgott, # 8 Declaration of D. Hyung Kim, # 9
`Declaration of K. Miller, # 10 Declaration of R. Thompson, # 11 Declaration of B. Dietz, #
`12 Declaration of T. Cross)(Chaikovsky, Yar) (Filed on 10/14/2020) (Entered: 10/14/2020)
`29 OBJECTIONS to re 28 Reply to Opposition/Response,, by Demaray LLC. (Wells,
`Crawford) (Filed on 10/16/2020) (Entered: 10/16/2020)
`30 ADMINISTRATIVE MOTION for Leave to File Sur-Reply re 14 MOTION for
`Preliminary Injunction Applied Materials, Inc.'s Motion for Preliminary Injunction to
`Enjoin Demaray LLC from Proceeding with Customer Suits During the Pendency of this
`Action filed by Demaray LLC. Responses due by 10/23/2020. (Attachments: # 1
`Declaration of C. Maclain Wells, # 2 Proposed Order)(Wells, Crawford) (Filed on
`10/19/2020) (Entered: 10/19/2020)
`
`PACER Service Center
`Transaction Receipt
`10/21/2020 09:01:02
`
`PACER
`Login:
`
`ph1281:2961951:3941599 Client Code: 93264.00005
`
`Description: Docket Report
`
`Billable
`Pages:
`
`5
`
`Search
`Criteria:
`
`5:20-cv-05676-
`EJD
`
`Cost:
`
`0.50
`
`https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?118970277017959-L_1_0-1
`
`5/5
`
`Page 5 of 5
`
`