Contract analysis

I. INTRODUCTION Plaintiff Optiwave Semiconductor Corp. ("OWS") filed this patent infringement action against Defendant Lumicore Technologies, Inc. ("Lumicore") on April 22, 2024, asserting four United States utility patents covering innovations in optical transceiver and waveguide multiplexing technologies for silicon photonics applications. The asserted patents are: U.S. Patent No. 10,234,847 (the "'847 Patent"), U.

II. LEGAL STANDARD FOR CLAIM CONSTRUCTION A. The Court's Role Under *Markman* Claim construction is a matter of law exclusively for the Court. Markman v. Westview Instruments, Inc., 517 U.S. 370, 372 (1996). The Court's task is to determine the meaning and scope of disputed claim terms as they would be understood by a person of ordinary skill in the art at the time of the invention, in light of the intrinsic evidence

III. THE PERSON OF ORDINARY SKILL IN THE ART (POSITA) Proper claim construction requires the Court to determine the meaning of disputed claim terms as they would be understood by a person of ordinary skill in the art at the time of the invention. Phillips, 415 F.3d at 1312–13. The parties' definitions of the POSITA therefore frame the entire claim construction analysis. OWS proposes the following POSITA definition, s

IV. CONSTRUCTION OF THE DISPUTED CLAIM TERMS A. Terms from the '847 Patent (U.S. Patent No. 10,234,847): "Multi-Channel Silicon Photonic Waveguide Multiplexer with Low Insertion Loss" Background. The '847 Patent, entitled "Multi-Channel Silicon Photonic Waveguide Multiplexer with Low Insertion Loss," was filed on September 14, 2016, and issued on March 19, 2019. The original assignee is Optiwave Semiconductor Corp. T