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Contract analysis / proposed-claim-construction-order.docx
proposed-claim-construction-order.docx
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Medium · 2
Standard · 1
I. INTRODUCTORY RECITALS
Standard
⚑ Commercial term
I. INTRODUCTORY RECITALS WHEREAS, Plaintiff Optiwave Semiconductor Corp. ("OWS") filed the above-captioned action on April 22, 2024, alleging that Defendant Lumicore Technologies, Inc. ("Lumicore") has infringed and continues to infringe four United States utility patents owned by OWS, specifically: U.S. Patent No. 10,234,847 (the "'847 Patent"), entitled "Multi-Channel Low-Loss Waveguide Multiplexer for Silicon Phot
II. ORDER
II. ORDER NOW THEREFORE, having carefully considered the parties' Opening, Responsive, Reply, and Sur-Reply Claim Construction Briefs, the Declarations and Supplemental Declaration of Dr. Caroline Ashford submitted on behalf of OWS, the Declaration of Dr. Rajesh Sundaram submitted on behalf of Lumicore, the Declaration of Dr. Jian-Wei Huang submitted on behalf of OWS, the Joint Claim Construction Statement (D.E. 40),
III. CONSTRUCTIONS OF DISPUTED CLAIM TERMS
Medium
⚑ Liability cap to check against exposure
III. CONSTRUCTIONS OF DISPUTED CLAIM TERMS A. Term 1: "waveguide multiplexer" Patent: U.S. Patent No. 10,234,847 (the "'847 Patent") Claim(s): Claims 1, 3, 5, 9, and 14 OWS's Proposed Construction: "an optical device that combines multiple optical signals of different wavelengths onto a single waveguide" Lumicore's Proposed Construction: "an arrayed waveguide grating that combines optical signals using a slab coupler
I. Term 9: "embedded" (as in "embedded micro-channel heat sinks")
Medium
⚑ Notice / time limit to track
I. Term 9: "embedded" (as in "embedded micro-channel heat sinks") Patent: U.S. Patent No. 9,678,562 (the "'562 Patent") Claim(s): Claims 1, 4, 6, and 11 OWS's Proposed Construction: "formed within or integrated into the body of the photonic integrated circuit substrate" Lumicore's Proposed Construction: "etched directly into the silicon substrate of the photonic integrated circuit using MEMS fabrication techniques" C
IV. AGREED-UPON TERMS
IV. AGREED-UPON TERMS The parties have agreed on the construction of two (2) of the fourteen (14) identified claim terms, as reflected in the Joint Claim Construction Statement (D.E. 40) and the Final Joint Claim Construction Chart (D.E. 58). The Court finds the parties' agreed constructions to be reasonable and consistent with the intrinsic evidence, and hereby adopts the agreed constructions as set forth below. A.
V. MEANS-PLUS-FUNCTION TERMS
V. MEANS-PLUS-FUNCTION TERMS The Court notes that certain claim limitations in the Asserted Patents may invoke 35 U.S.C. § 112(f), formerly § 112, ¶ 6, which provides that a claim element expressed as a me