Contract analysis

1. Dismissal of Plaintiff's Claims. The Parties hereby stipulate and agree that all claims asserted by Plaintiff Optiwave Semiconductor Corp. against Defendant Lumos Photonics, Inc. in the Complaint filed on June 3, 2022 (Dkt. No. 1), as well as any and all amendments thereto, including without limitation all claims of infringement of U.S. Patent Nos. 10,234,567; 10,891,234; 11,045,678; and 11,312,890, together with

2. Dismissal of Defendant's Counterclaims. The Parties hereby stipulate and agree that all counterclaims asserted by Defendant Lumos Photonics, Inc. against Plaintiff Optiwave Semiconductor Corp. in the Answer and Counterclaims filed on July 29, 2022 (Dkt. No. 18), as well as any and all amendments thereto, including without limitation all counterclaims for declaratory judgment of non-infringement and invalidity of U

3. Costs and Attorneys' Fees. Each Party shall bear its own costs, expenses, and attorneys' fees incurred in connection with this action, including without limitation all fees and costs associated with the prosecution and defense of the claims and counterclaims, discovery, motion practice, and the negotiation and execution of the Settlement Agreement. No Party shall seek to recover any costs or attorneys' fees from a

4. No Admissions. This Joint Stipulation of Dismissal with Prejudice and the dismissal of this action shall not constitute, and shall not be construed as, an admission by either Party of any fact, claim, defense, liability, or wrongdoing of any kind. Without limiting the generality of the foregoing, neither the filing of this Joint Stipulation nor the entry of any order of dismissal shall be deemed or construed as an

5. Retention of Jurisdiction. The Court shall retain jurisdiction over this matter solely for the limited purpose of enforcing the terms of the Settlement Agreement and Mutual Release, dated April 5, 2023, between the Parties. Except as expressly set forth in the preceding sentence, the Court's jurisdiction over this action and the Parties shall terminate upon entry of the order of dismissal. Any dispute arising unde

6. Proposed Order. A proposed Order of Dismissal with Prejudice, consistent with this Joint Stipulation, is submitted herewith for the Court's review and signature. The Parties respectfully request that the Court enter the proposed Order at its earliest convenience. WHEREFORE, the Parties respectfully request that the Court enter the accompanying Proposed Order of Dismissal with Prejudice, dismissing all claims and c