Contract analysis

I. (a) PLAINTIFFS AND DEFENDANTS NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. Defendant Lumos Photonics, Inc. also maintains a regular and established place of business in this district at 4750 Great America Parkway, Suite 320, Santa Clara, CA 95054, which serves as a sales office and engineering center with permanent employees.

I. (b) ATTORNEYS (Firm Name, Address, and Telephone Number) Attorneys for Plaintiff: Calderwood & Harkness LLP One Embarcadero Center, 34th Floor San Francisco, CA 94111 Telephone: (415) 772-3000 Facsimile: (415) 772-3001 Attorney of Record: Alan Ngo (Cal. Bar No. 247819; USPTO Reg. No. 52,871) Email: ango@calderwoodharkness.com Additional Counsel: Marcus Delgado (Cal. Bar No. 261044) Omar Siddiqui (Cal. Bar No. 2843

II. BASIS OF JURISDICTION (Place an "X" in One Box Only) Jurisdictional Statutes: 28 U.S.C. §§ 1331, 1338(a). This Court has original and exclusive jurisdiction over this action because it arises under the patent laws of the United States, specifically 35 U.S.C. § 271. Subject matter jurisdiction is proper pursuant to 28 U.S.C. § 1338(a), which provides that "[t]he district courts shall have original jurisdiction of

III. CITIZENSHIP OF PRINCIPAL PARTIES (For Diversity Cases Only — Place an "X" in One box for Plaintiff and One box for Defendant) This action is brought pursuant to federal question jurisdiction under 28 U.S.C. §§ 1331 and 1338(a) and does not rely upon diversity of citizenship as a basis for jurisdiction. Accordingly, this section is not applicable. However, for completeness and for the information of the Clerk of

IV. NATURE OF SUIT (Place an "X" in One Box Only) Category: Intellectual Property / Property Rights box 830 — Patent is checked. This action involves claims of patent infringement under 35 U.S.C. § 271 with respect to four United States patents owned by Plaintiff Optiwave Semiconductor Corp.

V. ORIGIN (Place an "X" in One Box Only) This case is an original proceeding filed directly in the United States District Court for the Northern District of California, San Jose Division.

VI. CAUSE OF ACTION Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 35 U.S.C. § 271 (Patent Infringement) Brief description of cause: Patent infringement action asserting four United States patents — U.S. Patent Nos. 10,234,567; 10,891,234; 11,045,678; and 11,312,890 — covering integrated waveguide coupling with tapered mode converter technology, germaniu

VII. REQUESTED IN COMPLAINT CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Civ.P. Class action status is not requested. This is not a class action. DEMAND $: Exceeds $75,000,000. Plaintiff seeks damages in an amount to be proven at trial, but believed to exceed seventy-five million dollars ($75,000,000), based on a reasonable royalty theory. Plaintiff's preliminary damages estimate is calculated by applying an es

VIII. RELATED CASE(S) IF ANY (See instructions) There are no related cases currently pending in this Court or in any other court known to Plaintiff's counsel at the time of filing. Plaintiff's counsel has conducted a reasonable inquiry and is not aware of any previously filed action involving the same patents-in-suit or the same accused products. Note: This case was subsequently assigned to the Honorable Edward J. To

1. Parties Information Plaintiff: Optiwave Semiconductor Corp. is a Delaware corporation with its principal place of business at 2775 Augustine Drive, Suite 400, San Jose, California 95054. Plaintiff's Employer Identification Number (EIN) is 47-3918264. Optiwave is a fabless semiconductor design company specializing in the design and development of silicon photonics integrated circuits for data center interconnect, t

2. Venue Basis Statute: 28 U.S.C. § 1400(b) Facts Supporting Venue in the Northern District of California: Venue is proper in this judicial district under 28 U.S.C. § 1400(b), which provides that "[a]ny civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business."

3. Nature of Proceeding This is an original civil action for patent infringement under 35 U.S.C. § 271. Plaintiff Optiwave Semiconductor Corp. seeks the following relief against Defendant Lumos Photonics, Inc.: (1) A judgment that Defendant has directly infringed, induced the infringement of, and/or contributorily infringed each of the four patents-in-suit, namely U.S. Patent Nos. 10,234,567; 10,891,234; 11,045,678;

4. Identification of Patents-in-Suit The following four United States patents are asserted in this action. Each patent is owned by Plaintiff Optiwave Semiconductor Corp. and is currently in force: All four patents-in-suit were duly and legally issued by the United States Patent and Trademark Office after full and fair examination. Certified copies of each patent will be attached as exhibits to the Complaint filed con

5. Accused Products The following products manufactured, sold, offered for sale, used, and/or imported by Defendant Lumos Photonics, Inc. are accused of infringing one or more claims of the patents-in-suit: (a) LumosBridge™ 800G Optical Engine. This product is a co-packaged silicon photonics optical engine designed for 800 Gigabit Ethernet (800GbE) data center interconnect applications. The LumosBridge™ 800G Optical

6. Assignment Request / Divisional Information Division: San Jose Division, Northern District of California Request for Assignment: Plaintiff respectfully requests that this case be assigned to the San Jose Division of the Northern District of California. Plaintiff's principal place of business is located in San Jose, Santa Clara County, California, and Defendant's Northern District office is located in Santa Clara,

1. U.S. Government Plaintiff | 2. U.S. Government Defendant

3. Federal Question (U.S. Government Not a Party) | 4. Diversity (Indicate Citizenship of Principal Parties in Item III) PTF | DEF Citizen of This State | 1 | 1 Incorporated or Principal Place of Business in This State | 2 | 2 Incorporated and Principal Place of Business in Another State | 3 | 3 Foreign Nation | 4 | 4 Code | Nature of Suit | Selected 820 | Copyrights 830 | Patent | ** 835 | Patent — Abbreviated New D