Applied Materials, Inc. v. Demaray LLC

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

APPLIED MATERIALS, INC.,

Case No. 5:20-cv-09341-EJD Plaintiff, ORDER GRANTING IN PART AND v. DENYING IN PART DEFENDANT’S MOTION TO DISMISS

DEMARAY LLC,

Re: Dkt. No. 30 Defendant.

In this declaratory judgment action, Plaintiff Applied Materials, Inc. (“Applied”) asks the Court to declare that its products do not infringe Defendant Demaray LLC’s (“Demaray”) patents—(i) U.S. Patent No. 7,544,276 (hereafter “276”) and (ii) U.S. Patent No. 7,3381,657 (hereafter “657”) (collectively the “Asserted Patents”). Applied seeks further declaratory relief asserting that infringement is precluded by a non-exclusive, perpetual license and an assignment of rights. Presently before the Court is Demaray’s motion to dismiss, in which Demaray contends that Applied has failed to allege a justiciable controversy under…