Contract analysis

I. INTRODUCTION AND PROCEDURAL POSTURE Pursuant to the Court's Scheduling Order (Docket Entry No. 27, issued August 12, 2024), the Docket Control Order entered in this case, and the Patent Rules for the Eastern District of Texas, Plaintiff Optiwave Semiconductor Corp. ("OWS") and Defendant Lumicore Technologies, Inc. ("Lumicore") (collectively, the "Parties") hereby jointly submit this Final Joint Claim Construction

II. ASSERTED PATENTS For reference, OWS asserts four United States patents in this action. The following table provides a brief identification of each asserted patent: Patent Family Relationships. The '562 Patent and the '847 Patent are in the same patent family. Specifically, the '847 Patent is a continuation of the application that matured into the '562 Patent, and both patents share a common specification disclosu

III. AGREED-UPON CONSTRUCTIONS (2 TERMS) The Parties have reached agreement on the proper construction of the following two (2) claim terms. These agreed constructions are presented to the Court for informational purposes and do not require adjudication at the Markman hearing. Term A-1. Claim Term: "optical signal" Patent(s): '847 Patent (U.S. Patent No. 10,234,847); '193 Patent (U.S. Patent No. 10,891,193); '015 Pat

IV. DISPUTED CLAIM CONSTRUCTION CHART (12 REMAINING TERMS) The following twelve (12) claim terms remain in dispute and are presented to the Court for resolution at the Markman hearing scheduled for March 14, 2025. For each disputed term, the Parties identify: (a) the claim term at issue; (b) the patent(s) and claim(s) in which the term appears; (c) each Party's proposed construction; (d) a description of the nature o

V. PERSON OF ORDINARY SKILL IN THE ART (POSITA) The Parties have been unable to agree on the definition of a person of ordinary skill in the art ("POSITA") for purposes of claim construction. Each Party's proposed definition is set forth below, together with a description of the nature of the dispute. OWS's Proposed POSITA Definition A person of ordinary skill in the art at the time of the inventions claimed in the a