Applied Materials, Inc. v. Demaray LLC
Plaintiff: Applied Materials, Inc.
Defendant: Demaray LLC
Case Number: 5:2020cv09341
Filed: December 24, 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. § 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 2, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 19, 2021 Opinion or Order Filing 39 Order Granting #36 Motion for Extension of Time to File Reply. Signed by Judge Edward J. Davila on 02/19/2021. (ejdlc2S, COURT STAFF) (Filed on 2/19/2021)
February 19, 2021 Opinion or Order ***Reset Deadlines as to #30 MOTION to Dismiss per #39 Order: Replies now due by 3/1/2021. (kedS, COURT STAFF) (Filed on 2/19/2021)
February 17, 2021 Opinion or Order Filing 38 OPPOSITION/RESPONSE (re #30 MOTION to Dismiss ) Applied Materials Opposition to Motion to Dismiss filed byApplied Materials, Inc.. (Attachments: #1 Declaration of Brian Nash, #2 Declaration of Philip Ou, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L)(Chaikovsky, Yar) (Filed on 2/17/2021)
February 16, 2021 Opinion or Order Filing 37 Administrative Motion to File Under Seal filed by Applied Materials, Inc.. (Attachments: #1 Declaration of B. Lubarsky, #2 Proposed Order, #3 REDACTED Opposition to Motion to Dismiss, #4 SEALED Opposition to Motion to Dismiss, #5 Declaration of P. Ou (Public), #6 Declaration of P. Ou (SEALED), #7 Exhibit A (Public), #8 Exhibit A (Sealed), #9 Exhibit B (Public), #10 Exhibit B (Sealed), #11 Exhibit C (Public), #12 Exhibit C (Sealed), #13 Exhibit D (Public), #14 Exhibit D (Sealed), #15 Exhibit F (Redacted), #16 Exhibit F (Sealed), #17 Exhibit G (Public), #18 Exhibit G (Sealed), #19 Exhibit I (Public), #20 Exhibit I (Sealed), #21 Exhibit J (Public), #22 Exhibit J (Sealed), #23 Exhibit K (Public), #24 Exhibit K (Sealed), #25 Exhibit L (Public), #26 Exhibit L (Sealed))(Ou, Philip) (Filed on 2/16/2021)
February 16, 2021 Opinion or Order Filing 36 MOTION for Extension of Time to File Response/Reply as to #30 MOTION to Dismiss filed by Demaray LLC. (Attachments: #1 Declaration of Wells, #2 Proposed Order)(Wells, Crawford) (Filed on 2/16/2021)
February 10, 2021 Opinion or Order Filing 34 TRANSCRIPT ORDER for proceedings held on 1/21/2021 before Judge Edward J. Davila by Demaray LLC, for Court Reporter Irene Rodriguez. (Wells, Crawford) (Filed on 2/10/2021)
February 9, 2021 Opinion or Order Filing 33 TRANSCRIPT ORDER for proceedings held on 1/21/2021 before Judge Edward J. Davila by Applied Materials, Inc., for Court Reporter Irene Rodriguez. (Chaikovsky, Yar) (Filed on 2/9/2021)
February 4, 2021 Opinion or Order Filing 32 Order Granting #31 Unopposed Motion for Extension of Time to File Response to Motion to Dismiss. Signed by Judge Edward J. Davila on 02/04/2021. (ejdlc2S, COURT STAFF) (Filed on 2/4/2021)
February 3, 2021 Opinion or Order Filing 31 MOTION for Extension of Time to File Response/Reply as to #30 MOTION to Dismiss filed by Applied Materials, Inc.. (Attachments: #1 Declaration of Philip Ou, #2 Proposed Order)(Ou, Philip) (Filed on 2/3/2021)
January 26, 2021 Opinion or Order Filing 30 MOTION to Dismiss filed by Demaray LLC. Motion Hearing set for 4/8/2021 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 2/9/2021. Replies due by 2/16/2021. (Attachments: #1 Declaration of C. Maclain Wells, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Wells, Crawford) (Filed on 1/26/2021)
January 21, 2021 Opinion or Order Filing 29 Minute Entry for proceedings held before Judge Edward J. Davila: Initial Case Management Conference held on 1/21/2021 via Zoom Webinar remotely. Motion to Dismiss in case 5:20-cv-09341-EJD shall be filed on 1/26/2021. The hearing on the motion to dismiss shall be noticed for 4/8/2021 at 9:00 a.m. Plaintiff Attorney: Yar Chaikovsky, Philip Ou. Defendant Attorney: Maclain Wells, Benjamin Hattenbach. Total Time in Court:10:40-11:05am(25 Mins.) Court Reporter: Irene Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Date Filed: 1/21/2021)
January 20, 2021 Opinion or Order Filing 28 CLERKS NOTICE RESETTING ZOOM HEARING TIME. Initial Case Management Conference is set for 1/21/2021 at 10:30 AM in San Jose, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/ejd General Order 58. Persons granted access to court proceedings held by t elephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/., Set/Reset Deadlines as to Initial Case Management Conference set for 1/21/2021 10:30 AM in San Jose, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 1/20/2021)
January 14, 2021 Opinion or Order Filing 27 JOINT CASE MANAGEMENT STATEMENT filed by Applied Materials, Inc.. (Chaikovsky, Yar) (Filed on 1/14/2021)
January 13, 2021 Opinion or Order Filing 26 CLERKS NOTICE CONVERTING HEARING TO ZOOM HEARING. Initial Case Management Conference set for 1/21/2021 10:00 AM in San Jose, - Videoconference Only before Judge Edward J. Davila. This proceeding will be held via a Zoom webinar remotely.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/ejd Court Appearances: Advanced not ice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at EJDcrd@cand.uscourts.gov no later than 1/20/2021 at 12:00 PM PST.***PLEASE NOTE: THE COURT DISCOURAGES THE USE OF A MOBILE PHONE DEVICE AND AIR PODS DUE TO UNSTABLENESS OF CONNECTIVITY AND INAUDIBLE ISSUES FOR THE RECORD***General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/., Set/Reset Deadlines as to Initial Case Management Conference set for 1/21/2021 10:00 AM in San Jose, - Videoconference Only . (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 1/13/2021)
January 13, 2021 Opinion or Order Filing 25 STIPULATION re #1 Complaint,, filed by Demaray LLC. (Wells, Crawford) (Filed on 1/13/2021)
January 12, 2021 Opinion or Order Filing 24 (Text Only) CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 1/14/2021. Initial Case Management Conference set for 1/21/2021 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 1/12/2021)
January 7, 2021 Opinion or Order Filing 23 Amended Related Case ORDER. Signed by Judge Edward J. Davila on 01/07/2021. (ejdlc2S, COURT STAFF) (Filed on 1/7/2021)
January 7, 2021 Opinion or Order Filing 22 ORDER REASSIGNING CASE. Case reassigned to Judge Edward J. Davila for all further proceedings RE 54 Order Relating Cases. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Judge Jeffrey S. White no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 1/7/2021)
January 6, 2021 Opinion or Order Filing 21 Related Case ORDER. Signed by Judge Edward J. Davila on 01/06/2021. (ejdlc2S, COURT STAFF) (Filed on 1/6/2021)
January 4, 2021 Opinion or Order Filing 20 ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge Jeffrey S. White on 1/4/21. Joint Case Management Statement due by 3/19/2021. Initial Case Management Conference set for 3/26/2021 11:00 AM in Oakland, - Telephonic Only.This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 1-888-684-8852Access Code: 8583698#The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (jjoS, COURT STAFF) (Filed on 1/4/2021)
December 31, 2020 Opinion or Order Filing 19 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 12/31/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(mbcS, COURT STAFF) (Filed on 12/31/2020)
December 30, 2020 Opinion or Order Filing 18 Corporate Disclosure Statement and Certificate of Interested Entities by Demaray LLC. (Wells, Crawford) (Filed on 12/30/2020) Modified on 1/4/2021 (cjlS, COURT STAFF).
December 30, 2020 Opinion or Order Filing 17 NOTICE of Appearance by Crawford Maclain Wells (Wells, Crawford) (Filed on 12/30/2020)
December 30, 2020 Opinion or Order Filing 16 NOTICE of Appearance by Benjamin W. Hattenbach (Hattenbach, Benjamin) (Filed on 12/30/2020)
December 30, 2020 Opinion or Order Filing 15 NOTICE of Appearance by Morgan Chu (Chu, Morgan) (Filed on 12/30/2020)
December 30, 2020 Opinion or Order Filing 14 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 either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. 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 AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ahm, COURT STAFF) (Filed on 12/30/2020)
December 29, 2020 Opinion or Order Filing 13 REPORT on the filing of an action regarding Patent Infringement (cc: form mailed to register). (Attachments: #1 copy of Complaint)(mclS, COURT STAFF) (Filed on 12/29/2020)
December 29, 2020 Opinion or Order Filing 12 Summons Issued as to Demaray LLC. (mclS, COURT STAFF) (Filed on 12/29/2020)
December 29, 2020 Opinion or Order Filing 11 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/18/2021. Initial Case Management Conference set for 3/25/2021 01:30 PM. (mclS, COURT STAFF) (Filed on 12/29/2020)
December 28, 2020 Opinion or Order Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Applied Materials, Inc... (Chaikovsky, Yar) (Filed on 12/28/2020)
December 28, 2020 Opinion or Order Filing 9 NOTICE by Applied Materials, Inc. Notice of Lodging of Applied Materials, Inc.'s Administrative Motion to Consider Whether Cases Should be Related Pursuant to Civil L.R. 3-12 (Attachments: #1 Exhibit 1)(Chaikovsky, Yar) (Filed on 12/28/2020)
December 28, 2020 Opinion or Order Filing 8 NOTICE of Appearance by Philip Ou on behalf of Applied Materials, Inc. (Ou, Philip) (Filed on 12/28/2020)
December 28, 2020 Opinion or Order Filing 7 Civil Cover Sheet by Applied Materials, Inc. Amended Civil Cover Sheet re. #1 Complaint, filed by Applied Materials, Inc.. (Chaikovsky, Yar) (Filed on 12/28/2020)
December 28, 2020 Opinion or Order Filing 6 Case assigned to Magistrate Judge Jacqueline Scott Corley. 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 1/11/2021. (anjS, COURT STAFF) (Filed on 12/28/2020)
December 28, 2020 Opinion or Order #Electronic filing error. Incorrect Revision of Civil Cover Sheet used [err201]. Current Revision is JS-CAND 44 (Rev. 10/20). Please complete correct Civil Cover Shee t and e-file an an Amended Civil Cover Sheet only. Event is located at: Other Filings > Other Documents > Civil Cover Sheet. Re: #1 Complaint, filed by Applied Materials, Inc. (anjS, COURT STAFF) (Filed on 12/28/2020)
December 24, 2020 Opinion or Order Filing 5 Corporate Disclosure Statement by Applied Materials, Inc. re #4 Certificate of Interested Entities (Chaikovsky, Yar) (Filed on 12/24/2020)
December 24, 2020 Opinion or Order Filing 4 *** POSTED IN ERROR *** please see #5 Corporate Disclosure Statement by Applied Materials, Inc. (Chaikovsky, Yar) (Filed on 12/24/2020) Modified on 12/28/2020 (cv, COURT STAFF).
December 24, 2020 Opinion or Order Filing 3 REPORT on the filing or determination of an action regarding Patent (cc: form mailed to register). (Chaikovsky, Yar) (Filed on 12/24/2020)
December 24, 2020 Opinion or Order Filing 2 Proposed Summons. (Chaikovsky, Yar) (Filed on 12/24/2020)
December 24, 2020 Opinion or Order Filing 1 COMPLAINT against Demaray LLC ( Filing fee $ 402, receipt number 0971-15365946.). Filed byApplied Materials, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Civil Cover Sheet)(Chaikovsky, Yar) (Filed on 12/24/2020)

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Plaintiff: Applied Materials, Inc.
Represented By: Yar R. Chaikovsky
Represented By: Boris Lubarsky
Represented By: Berkeley Fife
Represented By: Joseph J. Rumpler, II
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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