Contract analysis

1. Introduction and Purpose I write on behalf of Optiwave Semiconductor Corp. ("OWS" or the "Company") in my capacity as Vice President of intellectual Property. I am a registered patent attorney admitted to practice before the United States Patent and Trademark Office (USPTO Registration No. 58,304). This letter has been prepared with the assistance of our outside litigation counsel at Calderwood & Harkness LLP, San

2. Identification of the Asserted Patents 2.1 U.S. Patent No. 10,234,567 ("the '567 Patent") The '567 Patent is titled "Integrated Waveguide Coupler with Tapered Mode Converter for Silicon Photonics Platforms." The application underlying the '567 Patent was filed on March 14, 2017, and the patent issued on March 19, 2019. The named inventors are Dr. Kevin Fong, Dr. Priya Ramanathan, and Hideo Tanaka, each of whom was

3. OWS's Products and Commercial Significance OWS has invested substantial financial, engineering, and human resources over many years in developing and commercializing its silicon photonics technology. The Company's product portfolio includes the OWS-400ZR and OWS-800LR coherent optical transceiver chipsets, which are designed for data center interconnect ("DCI") and metro transport applications, as well as integrat

4. Identification of Infringing Products 4.1 LumosBridge™ 800G Optical Engine OWS has become aware that Lumos Photonics, Inc. manufactures, uses, sells, offers for sale, and/or imports into the United States its LumosBridge™ 800G Optical Engine (the "LumosBridge 800G"), a co-packaged optics engine designed for hyperscale data center switches. The LumosBridge 800G was first shipped to customers in the first quarter of

5. Basis for Infringement Allegations 5.1 Infringement of the '567 Patent OWS's technical analysis indicates that the waveguide coupler structures incorporated in both the LumosBridge 800G Optical Engine and the LumosEdge 400ZR+ Pluggable Transceiver include a tapered silicon waveguide coupled to a silicon nitride waveguide layer. These structures meet the structural limitations recited in the asserted claims of the

6. Demand In light of the foregoing, OWS hereby demands that Lumos Photonics, Inc. immediately take the following actions:

1. Cease and Desist. Lumos shall immediately cease and desist from the manufacture, use, sale, offer for sale, and importation into the United States of the LumosBridge™ 800G Optical Engine, the LumosEdge™ 400ZR+ Pluggable Transceiver, and any other products that infringe OWS's patents, including but not limited to the '567 Patent and the '234 Patent.

2. Written Confirmation. Lumos shall provide a written confirmation to OWS, within thirty (30) calendar days of receipt of this letter, that all infringing activities identified herein have ceased and that Lumos has taken affirmative steps to ensure that no further infringement will occur.

3. License Negotiations. Lumos shall enter into good-faith negotiations with OWS for a license agreement under OWS's relevant patents on commercially reasonable terms. OWS is prepared to engage promptly in such discussions and to work constructively toward a mutually acceptable resolution.

4. Accounting of Revenues. Lumos shall provide OWS with a complete and accurate accounting of all revenues derived from the sale, lease, or other disposition of the LumosBridge 800G, the LumosEdge 400ZR+, and any other infringing products, from the date of first sale through the date of Lumos's response to this letter. Such accounting shall include unit volumes, average selling prices, and total revenue figures, brok

7. Notice and Willfulness This letter constitutes formal notice to Lumos Photonics, Inc. of OWS's patent rights and of Lumos's infringement thereof. OWS hereby puts Lumos on actual, written notice that its continued manufacture, use, sale, offer for sale, and/or importation of the accused products after receipt of this letter may be deemed willful infringement within the meaning of 35 U.S.C. § 284. Under the Patent A

8. Reservation of Rights Nothing in this letter shall be construed as a waiver of any of OWS's rights or remedies, whether at law or in equity, all of which are expressly reserved in their entirety. Without limiting the generality of the foregoing, OWS specifically reserves the right to seek injunctive relief (including both preliminary and permanent injunctions), compensatory damages (including lost profits and/or r

9. Request for Response and Contact Information OWS requests that Lumos Photonics, Inc. respond to this letter in writing within thirty (30) calendar days of receipt. Lumos's response should address each of the demands set forth in Section 6 above and should identify the individual or individuals at Lumos who will serve as the point of contact for further discussions regarding this matter. All correspondence should b

1. Copy of U.S. Patent No. 10,234,567 — "Integrated Waveguide Coupler with Tapered Mode Converter for Silicon Photonics Platforms"

2. Copy of U.S. Patent No. 10,891,234 — "Germanium-on-Silicon Photodetector with Graded Buffer Layer for Enhanced Responsivity"