Contract analysis

1. PURPOSES AND LIMITATIONS This Action involves claims of patent infringement brought by Plaintiff Optiwave Semiconductor Corp. ("Optiwave" or "Plaintiff") against Defendant Lumos Photonics, Inc. ("Lumos" or "Defendant") with respect to United States Patent Nos. 10,234,567; 10,891,234; 11,045,678; and 11,312,890 (collectively, the "Asserted Patents"), which are asserted against accused products including, but not li

2. DEFINITIONS As used in this Order, the following terms shall have the meanings set forth below: 2.1 "Action" "Action" means the above-captioned case, Optiwave Semiconductor Corp. v. Lumos Photonics, Inc., Case No. 5:22-cv-03417-EJD, pending in the United States District Court for the Northern District of California, San Jose Division, including any and all related proceedings, motions, appeals, and remands arising

3. DESIGNATING PROTECTED MATERIAL 3.1 Designation of Documents and ESI A Producing Party may designate discovery Material as CONFIDENTIAL or HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY by marking or stamping each page of a document, or, for ESI, each document or production unit, with the appropriate legend. Acceptable forms of the legend include: • "CONFIDENTIAL" or "CONFIDENTIAL — Subject to Protective Order, Case No

4. ACCESS TO PROTECTED MATERIAL 4.1 CONFIDENTIAL Information — Authorized Recipients Discovery Material designated CONFIDENTIAL may be disclosed to, and accessed by, only the following categories of persons: (a) Outside Counsel for each party and their associated legal support staff, including paralegals, litigation support specialists, document review attorneys (including contract attorneys), legal secretaries, and

5. CHALLENGING DESIGNATIONS 5.1 Meet and Confer Requirement A Receiving Party that believes discovery Material has been improperly designated — whether over-designated (i.e., designated at a higher level of protection than warranted) or under-designated (i.e., designated at a lower level of protection than warranted, or not designated at all when a designation is appropriate) — may challenge the designation by provid

6. USE OF PROTECTED MATERIAL 6.1 Litigation-Only Use Restriction All discovery Material designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY shall be used solely for the purposes of prosecuting or defending this Action, including any related motions, hearings, trial, post-trial proceedings, and any appeal, and shall not be used for any other purpose whatsoever. Without limiting the generality of t

7. HANDLING AND STORAGE 7.1 Physical Documents All hard copies of discovery Material designated as CONFIDENTIAL or AEO shall be stored in secure locations (such as locked offices, locked file cabinets, or secured file rooms) that are accessible only to Qualified Persons authorized to receive such material under Section 4. Such material shall not be left unattended in publicly accessible areas, including conference ro

8. PROSECUTION BAR 8.1 Scope of Prosecution Bar Any person who receives HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY technical information of an opposing party — including but not limited to product design documents, semiconductor fabrication process specifications, source code, hardware description language (HDL) files, and unreleased product architectures — shall not participate in the prosecution of patents or paten

9. NON-PARTY DISCOVERY MATERIALS 9.1 Application to Third Parties This Order applies to discovery Material produced by non-parties in this Action, whether such production is made pursuant to a subpoena issued under Federal Rule of Civil Procedure 45, a voluntary production, or any other lawful means. A non-party may designate its own produced materials as CONFIDENTIAL or HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY in

10. MODIFICATION OF THE ORDER This Order may be modified by the Court at any time upon motion of any party or non-party for good cause shown, or by written stipulation of the parties approved by the Court. Any party or affected non-party may seek modification of this Order by filing a motion in accordance with the applicable provisions of the Federal Rules of Civil Procedure and the Local Rules of this Court. Any mod

11. ENFORCEMENT 11.1 Remedies for Violation Any violation of this Order may be punishable by contempt of court and/or any other remedies available to the Court or the aggrieved party under applicable law, including but not limited to sanctions under Federal Rule of Civil Procedure 37, the Court's inherent authority, and 28 U.S.C. § 1927. The availability of any particular remedy shall not preclude the aggrieved party

12. RETURN OR DESTRUCTION OF PROTECTED MATERIAL UPON CONCLUSION OF ACTION 12.1 Obligation to Return or Destroy Within sixty (60) calendar days after the final termination of this Action (defined as the later of (i) the entry of a final judgment, order of dismissal, or settlement, and (ii) the exhaustion or expiration of all rights of appeal or other post-judgment review), each Receiving Party shall, at the election o

13. SURVIVAL AND DURATION The obligations imposed by this Order shall survive the termination of this Action, regardless of the manner of termination, whether by settlement, voluntary dismissal, involuntary dismissal, entry of judgment, or otherwise, and shall survive any appeal or remand. The confidentiality protections set forth in this Order shall remain in full force and effect indefinitely, unless modified or te

14. NO WAIVER OF RIGHTS Nothing in this Order shall be construed as: (a) a waiver of any party's right to object to any discovery request on any ground, including but not limited to relevance, privilege, work-product protection, proportionality, burden, or any other objection available under the Federal Rules of Civil Procedure or applicable law; (b) a determination by the Court of the admissibility, relevance, or au

15. GOVERNING LAW AND JURISDICTION This Order shall be governed by and construed in accordance with the Federal Rules of Civil Procedure, the Federal Rules of Evidence (including Rule 502(d) as set forth in Section 11.3), and the Local Rules of the United States District Court for the Northern District of California. To the extent any provision of this Order conflicts with any applicable rule or statute, the rule or

1. I have read the Stipulated Protective Order entered in the above-captioned Action on ____, 2022 (the "Protective Order"). I understand the terms, conditions, and obligations set forth therein, and I agree to be bound by all of its provisions.

2. I understand that any violation of the Protective Order may subject me to sanctions, penalties, and other remedies, including contempt of court.

3. I understand that the Protective Order restricts the use and disclosure of Confidential Information and Highly Confidential — Attorneys' Eyes Only Information as those terms are defined in the Protective Order. I agree that I will not use or disclose any such information for any purpose other than the prosecution or defense of the above-captioned Action, as permitted by the Protective Order.

4. I further understand that my obligations under the Protective Order survive the termination of the above-captioned Action and that I may not use or disclose any Confidential or Highly Confidential — Attorneys' Eyes Only information for any purpose other than this Action, even after the Action has concluded.

5. I consent to the jurisdiction of the United States District Court for the Northern District of California for purposes of enforcement of the Protective Order. ________________________________________ Signature ________________________________________ Printed Name ________________________________________ Title / Position ________________________________________ Organization / Firm __________________________________

1. I am seeking access to Highly Confidential — Attorneys' Eyes Only technical information produced by ________ [Producing Party] in the above-captioned Action.

2. I have read and understand the Stipulated Protective Order entered in this Action, including the Prosecution Bar provisions set forth in Section 8 thereof. I understand that, pursuant to Section 8 of the Stipulated Protective Order, upon my receipt of Highly Confidential — Attorneys' Eyes Only technical information of the opposing party, I will be subject to the Prosecution Bar set forth therein.

3. I certify that I am not currently engaged in the prosecution of any patent or patent application before the United States Patent and Trademark Office ("USPTO") or any foreign patent office relating to any of the following technologies: (a) silicon photonics waveguide coupling, including grating couplers, edge couplers, and evanescent coupling structures on silicon-on-insulator (SOI) platforms; (b) germanium-on-sil

4. I agree that, for a period beginning on the date of my first access to Highly Confidential — Attorneys' Eyes Only technical information of the opposing party and ending two (2) years after the final termination of the above-captioned Action (including any appeal or remand), I will not directly or indirectly participate in the prosecution of any patent or patent application before the USPTO or any foreign patent of

5. I understand that any violation of this Certification or of Section 8 of the Stipulated Protective Order may subject me to sanctions, penalties, and other remedies, including contempt of court.

6. I consent to the jurisdiction of the United States District Court for the Northern District of California for purposes of enforcement of this Certification and the Stipulated Protective Order. ________________________________________ Signature ________________________________________ Printed Name ________________________________________ Title / Position ________________________________________ Organization / Firm