Contract analysis

1. NATURE OF THE ACTION 1.1 Plaintiff Optiwave Semiconductor Corp. ("OWS") brings this action against Defendant Lumos Photonics, Inc. ("Lumos") for infringement of four United States utility patents under 35 U.S.C. § 271. The patents-in-suit are directed to the following technologies in the field of silicon photonics: (a) integrated waveguide coupling with tapered mode conversion for silicon photonics platforms; (b)

2. COUNSEL OF RECORD 2.1 Counsel for Plaintiff Optiwave Semiconductor Corp.: Calderwood & Harkness LLP One Embarcadero Center, 34th Floor San Francisco, California 94111 Telephone: (415) 555-7200 Facsimile: (415) 555-7201 Alan Ngo — Responsible Partner California State Bar No. 247839 USPTO Registration No. 52,871 Email: angu@calderwoodharkness.com Marcus Delgado — Senior Associate California State Bar No. 298412 Emai

3. PATENTS-IN-SUIT The following four United States patents are asserted in this action (collectively, the "Patents-in-Suit"): 3.1 U.S. Patent No. 10,234,567 (the "'567 Patent") Title: "Integrated Waveguide Coupler with Tapered Mode Converter for Silicon Photonics Platforms" Issue Date: March 19, 2019 Asserted Claims: 1, 4, 7, 12, and 15 3.2 U.S. Patent No. 10,891,234 (the "'234 Patent") Title: "Germanium-on-Silicon

4. CLAIM CONSTRUCTION SCHEDULE (PATENT LOCAL RULES) The following deadlines shall govern claim construction proceedings in this action, consistent with Patent Local Rules 3 and 4 of the Northern District of California: 4.1 Disclosure of Asserted Claims and Infringement Contentions (Patent L.R. 3-1) Plaintiff's Disclosure of Asserted Claims and Infringement Contentions, as required by Patent Local Rule 3-1, has been s

5. FACT DISCOVERY SCHEDULE 5.1 Initial Disclosures (FRCP 26(a)(1)) Deadline: August 22, 2022 (Completed) The parties have exchanged their Initial Disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) as of August 22, 2022. The parties confirmed at the Case Management Conference that Initial Disclosures have been served and that no issues remain outstanding regarding the sufficiency of such disclosures at t

6. EXPERT DISCOVERY SCHEDULE 6.1 Expert Disclosures (FRCP 26(a)(2)) Expert disclosures shall be made in accordance with Federal Rule of Civil Procedure 26(a)(2) and shall include, for each retained expert, a complete written report meeting the requirements of Rule 26(a)(2)(B). Plaintiff's (OWS) Expert Reports: June 30, 2023 Defendant's (Lumos) Responsive Expert Reports: August 14, 2023 Plaintiff's Rebuttal Expert Rep

7. DISPOSITIVE MOTIONS 7.1 Summary Judgment and Other Dispositive Motions Motions for summary judgment under Federal Rule of Civil Procedure 56, and any other dispositive motions (including motions for judgment on the pleadings under Rule 12(c)), shall be filed in accordance with the following schedule: Deadline to File: January 15, 2024 Opposition: February 15, 2024 Reply: March 1, 2024 Hearing: To be set by the Cou

8. PRETRIAL CONFERENCE AND TRIAL 8.1 Final Pretrial Conference Date: April 2024 (exact date to be set by separate order of the Court) The parties shall file a Joint Pretrial Statement at least fourteen (14) days before the Final Pretrial Conference. The Joint Pretrial Statement shall comply with Civil Local Rule 16-10 and the Court's standing orders, and shall include, without limitation: (a) a statement of uncontest

9. ALTERNATIVE DISPUTE RESOLUTION (ADR) 9.1 The parties are hereby referred to the Court's Alternative Dispute Resolution (ADR) program in accordance with Civil Local Rule 16-8 and the ADR Local Rules of the Northern District of California. 9.2 The parties shall participate in at least one ADR process — which may consist of mediation, early neutral evaluation, or another ADR procedure approved by the Court — no later

10. PROTECTIVE ORDER 10.1 The parties have filed, or shall promptly file, a Joint Stipulation and [Proposed] Order Regarding Stipulated Protective Order governing the treatment of confidential information exchanged during discovery in this action. The Stipulated Protective Order shall provide for at least two tiers of confidentiality designation: "CONFIDENTIAL" and "HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY." 10.2 T

11. DISCOVERY DISPUTES 11.1 Before filing any discovery motion, the parties must meet and confer in good faith, in person or by telephone, in accordance with Civil Local Rule 37-1 of the Northern District of California. Counsel shall make a genuine effort to resolve discovery disputes without Court intervention. 11.2 If the parties are unable to resolve a discovery dispute through the meet-and-confer process, the dis

12. AMENDMENTS TO CONTENTIONS 12.1 Any amendments to Plaintiff's Infringement Contentions, Defendant's Invalidity Contentions, or either party's Claim Construction Contentions shall require leave of Court upon a showing of good cause, in accordance with Patent Local Rule 3-6. A party seeking leave to amend its contentions shall file a motion for leave to amend, setting forth with particularity the basis for the propo

13. STIPULATIONS AND MODIFICATIONS 13.1 The parties may not modify the deadlines set forth in this Order by stipulation alone. Any modification of the deadlines established by this Order requires leave of Court. 13.2 Requests to modify deadlines shall be made by joint stipulation and proposed order filed with the Court, setting forth good cause for the requested modification. The joint stipulation shall identify the

14. SERVICE AND NOTICE 14.1 All filings in this action shall be made electronically via the Court's Case Management / Electronic Case Filing (CM/ECF) system, in accordance with the General Orders of this Court regarding electronic filing. Service via CM/ECF constitutes service on all registered parties. 14.2 Courtesy copies of all briefs exceeding twenty-five (25) pages in length shall be delivered to Chambers in acc

15. COMPLIANCE AND SANCTIONS 15.1 The deadlines and obligations set forth in this Order are binding on the parties and their counsel. Failure to comply with the deadlines, obligations, or procedures established by this Order may result in sanctions, including but not limited to: exclusion of evidence; preclusion of claims, defenses, or contentions; adverse inference instructions; monetary sanctions; or any other reli