Demaray Llc v. Samsung Elecs. Co.

Demaray Llc v. Samsung Elecs. Co.

Opinion

ORDER DENYING MOTION TO TRANSFER VENUE

Before the Court is Defendants Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung Semiconductor, Inc., and Samsung Austin Semiconductor, LLC's (collectively "Samsung") Motion to Transfer venue to the Northern District of California pursuant to 28 U.S.C. § 1404(a) ("Motion to Transfer"). ECF No. 40. After careful consideration of the parties' briefs and the applicable law, the Court DENIES Samsung's Motion to Transfer.

I. BACKGROUND

Plaintiff Demaray LLC ("Demaray") filed this lawsuit on July 14, 2020, alleging that Samsung infringes U.S. Patent Nos. 7,544,276 and 7,381,657 (the "Asserted Patents") by "configure[ing] RMS [reactive magnetron sputtering] reactors, including, but not limited to reactors in the Endura product line from [third-party] Applied Materials, Inc. ("Applied Materials") for deposition of layers . . . in its semiconductor products." ECF No. 1 at ¶ 28. On the same day, [*3]  Demaray filed another lawsuit in this Court against Intel Corporation ("Intel") for infringing the same Asserted Patents by configuring the same reactors from Applied. Demaray LLC v. Intel Corp., Case No. 6-20-cv-634-ADA, ECF No. 1 at ¶ 25. After filing an Answer (ECF No. 21) to Demaray's Complaint, on November 9, 2020 Samsung filed this Motion to Transfer venue under 28 U.S.C. § 1404(a), requesting that this case be transferred to the Northern District of California ("NDCA"). ECF No. 40.

Demaray is a limited liability company incorporated in Delaware and based in Silicon Valley. ECF No. 1 at ¶ 4; ECF No. 40 at Ex. B. Samsung Electronics Co., Ltd. ("SEC") is a Korean company with its principal offices in Korea. ECF No. 40 at 4. Samsung Electronics America, Inc. ("SEA") is a wholly-owned subsidiary of SEC and incorporated in New York, with its headquarters in New Jersey and a place of business in Mountain View, California, within the NDCA. Id. Samsung Semiconductor, Inc. ("SSI") is a wholly-owned subsidiary of SEA and is a California corporation headquartered in San Jose, California. Id. Samsung Austin Semiconductor, LLC ("SAS") is a wholly-owned U.S. subsidiary of SSI that operates [*4]  two fabs in Austin, Texas, within the Western District of Texas ("WDTX"). Id. at 5. "In its Austin fabs, SAS uses a number of RMS reactors purchased from Applied." Id. Third-party Applied has its principal place of business in Santa Clara, California, and also has a large manufacturing facility in Austin, Texas. Id.; ECF No. 50 at 6.

II. LEGAL STANDARD

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