Applied Materials, Inc. v. Demaray LLC
Plaintiff: Applied Materials, Inc.
Defendant: Demaray LLC
Case Number: 5:2020cv05676
Filed: August 13, 2020
Court: US District Court for the Northern District of California
Presiding Judge: Nathanael M Cousins
Referring Judge: Edward J Davila
Nature of Suit: Patent
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 9, 2020 Filing 27 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)
October 9, 2020 Filing 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. 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)
September 29, 2020 Opinion or Order Filing 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)
September 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)
September 28, 2020 Filing 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)
September 25, 2020 Filing 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)
September 25, 2020 Filing 22 NOTICE of Appearance by Morgan Chu for Demaray (Chu, Morgan) (Filed on 9/25/2020)
September 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)
September 15, 2020 Opinion or Order Filing 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)
September 11, 2020 Filing 20 STIPULATION re #13 Amended Complaint, filed by Demaray LLC. (Wells, Crawford) (Filed on 9/11/2020)
September 11, 2020 Filing 19 Certificate of Interested Entities by Demaray LLC (Wells, Crawford) (Filed on 9/11/2020)
September 11, 2020 Filing 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)
September 11, 2020 Filing 17 NOTICE of Appearance by Crawford Maclain Wells (Wells, Crawford) (Filed on 9/11/2020)
September 11, 2020 Filing 16 NOTICE of Appearance by Benjamin W. Hattenbach (Hattenbach, Benjamin) (Filed on 9/11/2020)
September 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)
September 10, 2020 Filing 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)
September 4, 2020 Filing 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)
September 1, 2020 Filing 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)
August 28, 2020 Filing 12 (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)
August 28, 2020 Opinion or Order Filing 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)
August 28, 2020 Filing 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. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 8/28/2020)
August 28, 2020 Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Applied Materials, Inc... (Chaikovsky, Yar) (Filed on 8/28/2020)
August 21, 2020 Filing 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)
August 14, 2020 Filing 7 Summons Issued as to Demaray LLC. (sfbS, COURT STAFF) (Filed on 8/14/2020)
August 14, 2020 Filing 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)
August 14, 2020 Filing 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)
August 13, 2020 Filing 4 Corporate Disclosure Statement by Applied Materials, Inc. (Chaikovsky, Yar) (Filed on 8/13/2020)
August 13, 2020 Filing 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)
August 13, 2020 Filing 2 Proposed Summons. (Chaikovsky, Yar) (Filed on 8/13/2020)
August 13, 2020 Filing 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)

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Plaintiff: Applied Materials, Inc.
Represented By: Yar R. Chaikovsky
Represented By: Philip Ou
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Defendant: Demaray LLC
Represented By: Benjamin W. Hattenbach
Represented By: Morgan Chu
Represented By: Crawford Maclain Wells
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