`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`
`DEMARAY LLC,
`
`
`
`Plaintiff
`
`v.
`
`INTEL CORPORATION,
`
`Defendant.
`
`
`
`
`
`DEMARAY LLC,
`
`Plaintiff
`
`v.
`
`Case No. 6:20-cv-00634-ADA
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`SAMSUNG ELECTRONICS CO., LTD (A
`KOREAN COMPANY), SAMSUNG
`ELECTRONICS AMERICA, INC.,
`SAMSUNG SEMICONDUCTOR, INC.,
`and SAMSUNG AUSTIN
`SEMICONDUCTOR, LLC,
`
`Defendants.
`
`Case No. 6:20-cv-00636-ADA
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`
`DECLARATION OF C. MACLAIN WELLS IN SUPPORT OF PLAINTIFF DEMARAY
`LLC’S OPENING CLAIM CONSTRUCTION BRIEF
`
`
`
`10914367
`
`
`
`
`
`
`Case 6:20-cv-00636-ADA Document 48-3 Filed 02/16/21 Page 2 of 4
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`
`
`
`
`
`DECLARATION OF C. MACLAIN WELLS
`
`I, C. Maclain Wells, declare as follows:
`
`
`
`I am counsel at the law firm of Irell & Manella LLP, counsel for Plaintiff
`
`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, and
`
`have been admitted to practice pro hac vice before this Court. I submit this declaration in support
`
`of Demaray’s Opening Claim Construction Brief. I have personal knowledge of the matters set
`
`forth in this declaration and, if called as a witness, could testify to its contents.
`
`
`
`
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`
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`Attached as Exhibit 1 is a copy of U.S. Patent No. 7,381,657 (“the ’657 Patent”).
`
`Attached as Exhibit 2 is a copy of U.S. Patent No. 7,544,276 (“the ’276 Patent”).
`
`Attached as Exhibit 3 is an excerpt from the file history of U.S. Patent No.
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`7,378,356 (“the ’356 Patent”), which Demaray produced at DEMINT00000001.1
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`
`
`Attached as Exhibit 4 is an excerpt from of the file history of the ’657 Patent,
`
`which Demaray produced at DEMINT00001543.
`
`
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`Attached as Exhibit 5 is an excerpt from the New Oxford American Dictionary
`
`(2001 ed.), which Demaray produced at DEMINT00003509 and DEMINT00003855.
`
`
`
`Attached as Exhibit 6 is an excerpt from the Modern Dictionary of Electronics
`
`(7th ed.), which Demaray produced at DEMINT00003506.
`
`
`
`Attached as Exhibit 7 is an excerpt from the McGraw-Hills Dictionary of
`
`Scientific and Technical Terms (4th ed.), which Demaray produced at DEMINT00003499.
`
`
`
`Attached as Exhibit 8 is a copy of U.S. Patent No. 5,565,071. The document is
`
`
`1 For consistency, Demaray provides citations to Intel BATES numbers. Where
`applicable, Demaray has produced the same documents to the Samsung defendants.
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`10914367
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`- 1 -
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`
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`Case 6:20-cv-00636-ADA Document 48-3 Filed 02/16/21 Page 3 of 4
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`
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`incorporated by reference by the ’657 and ’276 Patents.
`
`
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`Attached as Exhibit 9 is a copy of U.S. Patent No. 5,603,816. The document is
`
`cited on the face of the ’657 and ’276 Patents.
`
`
`
`Attached as Exhibit 10 is a copy of U.S. Patent No. 6,350,353. The document is
`
`cited on the face of the ’657 and ’276 Patents.
`
`
`
`Attached as Exhibit 11 is a copy of U.S. Patent No. 6,485,602. The document
`
`was cited by Defendants in their preliminary invalidity contentions and was raised as a primary
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`reference in four pending IPR petitions regarding the Demaray patents in which Defendants are
`
`real parties in interest. See Intel Dkt. 39; Samsung Dkt. 42. In the four IPR petitions, Defendants
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`did not seek construction of a single claim term.
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`
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`Attached as Exhibit 12 is a copy of U.S. App. No. 2002/0140103. The document
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`is cited on the face of the ’657 Patent.
`
`
`
`Attached as Exhibit 13 is a copy of U.S. App. No. 2004/0259305. The document
`
`is cited on the face of the ’657 and ’276 Patents.
`
`
`
`Attached as Exhibit 14 is a copy of U.S. App. No. 2003/0035906. The document
`
`is cited on the face of the ’657 Patent.
`
`
`
`Attached as Exhibit 15 is a copy of a white paper by Scholl, titled “Power
`
`supplies for pulsed plasma technologies: State-of-the-art and outlook.” The document is cited on
`
`the face of the face of the ’657 and ’276 Patents.
`
`
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`Attached as Exhibit 16 is a copy of a white paper by Scholl, titled “Power
`
`Systems for Reactive Sputtering of Insulating Films.” The document is cited on the face of the
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`’657 and ’276 Patents, and was produced by Defendants at DEFTS-PA_003056.
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`Executed on February 16, 2021 in Sebastopol, California. I declare under penalty of
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`10914367
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`- 2 -
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`
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`Case 6:20-cv-00636-ADA Document 48-3 Filed 02/16/21 Page 4 of 4
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`
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`perjury that the foregoing is true and correct.
`
`By: /s/ C. Maclain Wells
`C. Maclain Wells
`Attorneys for Plaintiff DEMARAY LLC
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`10914367
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`- 3 -
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