Free Motion for Leave to File - District Court of California - California

Case 5:07-cv-05248-JW

Document 113-3

Filed 02/19/2008

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EXHIBIT B

Case 5:07-cv-05248-JW

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Thomas F. Fitzpatrick [email protected] GOODWIN PROCTER LLP 181 Lytton Avenue Palo Alto, CA 94301 Tel.: 650-752-3144 Fax: 650-853-1038 John C. Englander (pro hac vice) [email protected] James C. Rehnquist (pro hac vice) [email protected] Michael G. Strapp (pro hac vice) [email protected] GOODWIN PROCTER LLP 53 State Street Boston, Massachusetts 02109 Tel.: 617.570.1000 Fax: 617.523.1231 Attorneys for Applied Materials, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION APPLIED MATERIALS, INC., Plaintiff, v. ADVANCED MICRO-FABRICATION EQUIPMENT (SHANGHAI) CO., LTD., ADVANCED MICRO-FABRICATION EQUIPMENT INC., ASIA, ADVANCED MICRO-FABRICATION EQUIPMENT INC. Defendants. Case No. CV 07-05248 JW (PVT) DECLARATION OF ROGER LINDLEY IN SUPPORT OF PLAINTIFF'S SURREPLY TO DEFENDANTS' MOTIONS TO DISMISS Date: February 25, 2008 Time: 9:00 a.m. Courtroom: 8, 4th Floor

LINDLEY DECLARATION IN SUPPORT OF PLAINTIFF'S SUR-REPLY TO DEFENDANTS' MOTIONS TO DISMISS; CASE NO. CV 07-05248 JW
LIBA/1868189.1

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I, Roger Lindley, hereby declare and state as follows: 1. I am a Senior Member of Technical Staff, Dielectric Etch at Applied Materials, Inc.

("Applied"). I make this declaration of my personal knowledge and of information that I have become aware of after reviewing relevant records and discussing these issues with others at Applied. 2. Beginning around 1995 and continuing until the present time, I have been involved

in the research and development of certain Applied trade secrets, and I have personal knowledge about certain trade secrets at issue in this litigation. 3. Applied was founded in Mountain View, California and is now headquartered in

Santa Clara, California. Applied's corporate offices and its legal, human resources and finance departments are all in the Santa Clara area. Additionally, Applied's principal marketing, distribution, research, development and engineering facilities are all based in Santa Clara, California. 4. Applied markets and sells it products worldwide, including in Asia, but fewer than

12 percent of its total net sales in fiscal year 2007 were made in China. 5. The trade secrets at issue in this case were developed by Applied in California and

the employees with knowledge of that development, and with the safeguarding of those secrets, are located in California. The trade secrets are protected under California law. 6. The documents concerning the research and development efforts that led to the

trade secrets at issue in this case are voluminous, and are located in files and on computers in California. 7. All of the following 14 former Applied employees who are believed to be

employed by Defendants, including Gerald (Zheyao) Yin, Chairman of the Board and Chief Executive Officer of Defendants, and Steve (AiHua) Chen, Executive Vice President and Member of the Board of Directors of Defendants, worked at Applied's Santa Clara facilities: Jin Yuan Chen; Steve (AiHua) Chen; Zhiyou Du; Li Fu; Henry Ho; Lee Luo; Steve Mak; Xueyu Qian; Ryoji Todaka; Shulin Wang; Robert Wu; James Yang; Gerald (Zheyao) Yin; and Ban Zhu. 1

LINDLEY DECLARATION IN SUPPORT OF PLAINTIFF'S SUR-REPLY TO DEFENDANTS' MOTIONS TO DISMISS; CASE NO. CV 07-05248 JW
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8.

All of the following 29 Applied employees, who each possess information relevant

to the claims Applied has asserted in this litigation, work at Applied's Santa Clara facilities: Kallol Bera; Doug Buchberger; Roger Chang; Ken Collins; Jim Cruse; Mark Fodor; Jacob Grayson; John Gross; Chuck Hardy; Dan Hoffman; Andrzej Kaszuba; Ajay Kumar; Michael Kutney; Jim L'Heureux; Thorsten Lill; Roger Lindley; Dima Lubomirsky; Shawming Ma; George Mattinger; Thomas Mele; Nir Merry; Karen Murphy; Tom Scocca; Sean Seutter; Brian (Sy-Yuan) Shieh; Jennifer Sun; Wesley Zhang; Allen (Xiaoye) Zhao; and Lutfi Zubi.

LINDLEY DECLARATION IN SUPPORT OF PLAINTIFF'S SUR-REPLY TO DEFENDANTS' MOTIONS TO DISMISS; CASE NO. CV 07-05248 JW
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