Case 6:20-cv-00636-ADA Document 51-1 Filed 02/23/21 Page 1 of 5
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`
`DEMARAY LLC,
`
`Plaintiff
`
`v.
`
`
`
`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
`
`
`
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`
`
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`
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`DECLARATION OF C. MACLAIN WELLS IN SUPPORT OF PLAINTIFF DEMARAY
`LLC’S OPPPOSITION TO SAMSUNG’S MOTION TO TRANSFER VENUE
`
`
`
`10914887
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`
`DEMARAY LLC,
`
`Plaintiff
`
`v.
`
`
`
`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 OPPPOSITION TO SAMSUNG’S MOTION TO TRANSFER VENUE
`
`
`
`10914887
`
`
`
`
`
`
`Case 6:20-cv-00636-ADA Document 51-1 Filed 02/23/21 Page 2 of 5
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`DECLARATION OF C. MACLAIN WELLS
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`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
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`have been admitted to practice pro hac vice before this Court. I submit this declaration in support
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`of Demaray’s Opposition to Samsung’s Motion to Transfer Venue. I have personal knowledge of
`
`the matters set forth in this declaration and, if called as a witness, could testify to its contents.
`
`
`
`Attached as Exhibit 1 is a true and correct copy of the first amended complaint
`
`filed as Dkt. 13 in Applied Materials, Inc. v. Demaray LLC, No. 5:20-cv-05676-EJD, in the
`
`United States District Court for the Northern District of California, San Jose Division.
`
`
`
`Attached as Exhibit 2 is a true and correct copy of the order denying Applied
`
`Materials, Inc.’s (“Applied”) motion for preliminary injunction filed as Dkt. 47 in Applied
`
`Materials, Inc. v. Demaray LLC, No. 5:20-cv-05676-EJD.
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`
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`Attached as Exhibit 3 is a true and correct copy of Applied Materials, Inc.’s
`
`notice of voluntary dismissal filed as Dkt. 61 in Applied Materials, Inc. v. Demaray LLC, No.
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`5:20-cv-05676-EJD.
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`
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`Attached as Exhibit 4 is a true and correct copy of the complaint filed as Dkt. 1 in
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`Applied Materials, Inc. v. Demaray LLC, No. 5:20-cv-09341-EJD, in the United States District
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`Court for the Northern District of California, San Jose Division.
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`
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`Attached as Exhibit 5 is a true and correct copy of Demaray’s motion to dismiss
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`filed as Dkt. 30 in Applied Materials, Inc. v. Demaray LLC, No. 5:20-cv-09341-EJD.
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`
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`Attached as Exhibit 6 is a true and correct copy of the case management
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`conference transcript dated January 21, 2021, in Applied Materials, Inc. v. Demaray LLC, No.
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`10914887
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`- 1 -
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`Case 6:20-cv-00636-ADA Document 51-1 Filed 02/23/21 Page 3 of 5
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`5:20-cv-09341-EJD.
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`Attached as Exhibit 7 is a true and correct copy of the discovery hearing
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`transcript dated October 20 & 21, 2020, in Case Nos. 6:20-cv-00634 & 6:20-cv-00636, before
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`this Court.
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`
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`Attached as Exhibit 8 [UNDER SEAL] is a true and correct copy of excerpts
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`from the 30(b)(6) deposition of Do-Hyung Kim taken on December 4, 2020, which Samsung
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`designated as CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY.
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`
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`Attached as Exhibit 9 [UNDER SEAL] is a true and correct copy of excerpts
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`from the 30(b)(6) deposition of Keith Miller taken on February 9, 2021, which Applied
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`designated as HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.
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`
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`Attached as Exhibit 10 [UNDER SEAL] is a true and correct copy of Samsung’s
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`supplemental response to Demaray’s transfer-related interrogatories, dated January 18, 2021,
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`which Samsung designated as CONFIDENTIAL – OUTSIDE COUNSEL EYES ONLY.
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`
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`Attached as Exhibit 11 is a true and correct copy of a LegalMetric District Report
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`for the California Northern District Court in Patent Cases from January 2016 through June 2020.
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`
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`Attached as Exhibit 12 are photographs of products offered for sale at a Best Buy
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`store in Waco, Texas taken on November 9, 2020.
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`
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`Attached as Exhibit 13 is a true and correct printout of
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`https://www.samsung.com/semiconductor/about-us/location/manufacturing-centers/.
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`
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`Attached as Exhibit 14 is a true and correct printout of
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`https://www.samsung.com/us/sas/Company/History.
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`
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`Attached as Exhibit 15 is a true and correct printout of
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`https://www.anandtech.com/show/16483/samsung-in-the-usa-a-17-billion-usd-fab-by-late-2023.
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`10914887
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`- 2 -
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`Case 6:20-cv-00636-ADA Document 51-1 Filed 02/23/21 Page 4 of 5
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`Attached as Exhibit 16 is an exhibit left intentionally blank to maintain
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`consistency with exhibit numbering in the Intel case.
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`
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`Attached as Exhibit 17 is a true and correct printout of
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`https://www.bizjournals.com/austin/news/2021/01/22/applied-materials-expanding-with-huge-
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`warehouse.html.
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`
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`A member of the Demaray legal team under my direction performed a search on
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`ULVAC Technologies, Inc. ULVAC is headquartered in Massachusetts.
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`https://www.ulvac.com/support/index.cfm.
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`
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`A member of the Demaray legal team under my direction performed a search on
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`the USPTO’s patent full text and image database at http://patft.uspto.gov/netahtml/PTO/search-
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`adv.htm. A search for patents relating to PVD technology assigned to Samsung or Applied and
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`mentioning Austin yielded 129 patents. Attached as Exhibit 18 is a true and correct copy of
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`those search results. Attached as Exhibits 19-20 are true and correct copies of example patents
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`from those search results.
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`
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`A member of the Demaray legal team under my direction performed a search in
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`which Intel, Samsung, or Applied have been plaintiffs in district court litigation in the United
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`States District Court for the Western District of Texas. Attached as Exhibit 21 is a true and
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`correct copy of an example complaint from those search results.
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`
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`A member of the Demaray legal team under my direction performed a search on
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`Google Maps. Applied’s Austin facility is approximately 89 miles from the district court in
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`Waco, measured “as the crow flies” using Google Maps’s measurement feature. Car directions
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`from Applied’s Austin facility to the district court in Waco are approximately 99 miles.
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`
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`10914887
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`- 3 -
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`Case 6:20-cv-00636-ADA Document 51-1 Filed 02/23/21 Page 5 of 5
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`Executed on February 23, 2021 in Sebastopol, California. I declare under penalty of
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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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`10914887
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`- 4 -
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