Contract analysis

I. INTRODUCTION Plaintiff Optiwave Semiconductor Corp. ("OWS") hereby respectfully submits its Preliminary Claim Construction Contentions pursuant to Patent Local Rule 4-1 of the Northern District of California. OWS files these contentions in accordance with the Court's Case Management Order entered on June 15, 2022 (Dkt. No. 42), and the parties' stipulated claim construction schedule filed on July 28, 2022 (Dkt. No

II. LEGAL STANDARD FOR CLAIM CONSTRUCTION Claim construction is a matter of law to be determined by the Court. Markman v. Westview Instruments, Inc., 517 U.S. 370, 372 (1996). The Federal Circuit's en banc decision in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005), provides the governing framework for claim construction. Under Phillips, claim terms are to be construed as they would be understood by a person of

III. IDENTIFICATION OF ASSERTED CLAIMS A. U.S. Patent No. 10,234,567 ("the '567 Patent") The '567 Patent, entitled "Integrated Waveguide Coupler with Tapered Mode Converter for Silicon Photonics Platforms," was filed on March 14, 2017, and issued on March 19, 2019. The named inventors are Dr. Kevin Fong, Dr. Priya Ramanathan, and Hideo Tanaka. The '567 Patent is directed to integrated optical coupling structures for

IV. CLAIM TERMS REQUIRING CONSTRUCTION AND OWS'S PROPOSED CONSTRUCTIONS OWS identifies below each claim term for which it contends construction is necessary or for which a dispute may exist, together with its proposed construction and citations to supporting intrinsic evidence. For ease of reference, OWS addresses the terms patent-by-patent. A. Terms from U.S. Patent No. 10,234,567 ("the '567 Patent") 1. "adiabatical

V. EXTRINSIC EVIDENCE TO BE RELIED UPON OWS identifies the following categories of extrinsic evidence that it may rely upon in support of its proposed claim constructions during claim construction briefing and at the Markman hearing, to the extent such evidence is relevant and does not override the intrinsic record: Expert Testimony. OWS intends to rely upon the declaration and/or testimony of Dr. Harold Whitfield, P

VI. CLAIM CHARTS Pursuant to Patent Local Rule 4-1, OWS provides herewith claim charts for each asserted claim term requiring construction, identifying the claim language, OWS's proposed construction, and the specific intrinsic evidence supporting the proposed construction. These charts are attached as Exhibits A through D and are incorporated herein by reference. For the Court's convenience, the charts are also repr

VII. RESERVATION OF RIGHTS OWS reserves the right to supplement, amend, or modify these Preliminary Claim Construction Contentions as permitted under the Patent Local Rules of the Northern District of California and by order of the Court. Without limiting the generality of the foregoing, OWS specifically reserves the following rights: OWS reserves the right to identify additional claim terms requiring construction in

VIII. CERTIFICATE OF SERVICE I hereby certify that on September 12, 2022, I caused a true and correct copy of the foregoing PLAINTIFF OPTIWAVE SEMICONDUCTOR CORP.'S PRELIMINARY CLAIM CONSTRUCTION CONTENTIONS PURSUANT TO PATENT LOCAL RULE 4-1, together with the accompanying Exhibits A through D, to be served by electronic means via the Court's CM/ECF system upon the following counsel of record for Defendant Lumos Phot