Contract analysis

I. NOTICE OF DEPOSITION TO: LUMICORE TECHNOLOGIES, INC., a Delaware corporation, by and through its counsel of record, Catherine "Kate" Rourke, Hawthorne Vega & Cruz LLP, 600 Congress Avenue, Suite 2400, Austin, TX 78701, and Maria Garza, Trask Eddington LLP, 425 East Front Street, Suite 300, Tyler, TX 75701. PLEASE TAKE NOTICE that Plaintiff Optiwave Semiconductor Corp. ("OWS"), by and through its undersigned counse

II. DEFINITIONS AND INSTRUCTIONS A. Definitions. As used in this Notice, including the topics set forth in Section III and the Document Request Schedule attached as Exhibit A, the following terms shall have the meanings set forth below: 1. "OWS" or "Plaintiff" means Optiwave Semiconductor Corp., including its current and former officers, directors, employees, agents, representatives, subsidiaries, affiliates, predece

1. Lumicore is required, pursuant to Fed. R. Civ. P. 30(b)(6), to designate one or more persons to testify on its behalf as to matters known or reasonably available to Lumicore regarding each of the topics set forth in Section III below. Lumicore must prepare each designee so that the designee can provide complete, knowledgeable, and binding testimony on behalf of Lumicore on each designated topic, regardless of the

2. If Lumicore believes it is necessary to designate more than one person to testify as to a single topic, it may do so, but must identify in advance — no later than seven (7) calendar days before the first scheduled day of deposition — each person designated and the specific topic(s) for which each person will testify. This identification shall be made in writing to undersigned counsel by email.

3. Lumicore shall produce at the deposition any documents identified in the attached Document Request Schedule (Exhibit A) to the extent such documents have not already been produced in discovery. All such documents shall be produced in the form specified in the ESI Protocol Agreement dated August 15, 2024, or in native format where applicable.

4. This Notice does not limit OWS's right to depose individually any current or former officer, director, employee, or agent of Lumicore as a fact witness under Fed. R. Civ. P. 30(a). OWS expressly reserves its right to take such individual depositions.

5. All testimony shall be subject to the terms of the Stipulated Protective Order entered by the Court (D.E. 30), and any testimony relating to information designated as "Confidential," "Highly Confidential — Attorneys' Eyes Only," or "Highly Confidential — Source Code" shall be treated in accordance with that Order. Counsel for OWS will make arrangements with the court reporter and videographer to comply with the Pr

6. OWS reserves the right to supplement or amend the topics set forth herein upon further discovery, motion practice, or order of the Court, including any ruling on OWS's pending Motion to Compel Production of Opinion-of-Counsel Letters (D.E. 40), in accordance with Fed. R. Civ. P. 30(b)(6) and the Local Rules of this Court.

III. TOPICS FOR EXAMINATION Lumicore is hereby required to designate one or more persons to testify on its behalf regarding the following topics: Topic 1: Corporate Organization and Structure of Lumicore Technologies, Inc. Lumicore's corporate organization, structure, and governance during the Relevant Time Period, including but not limited to: the formation and incorporation of Lumicore as a Delaware corporation; th

IV. RESERVATION OF RIGHTS OWS reserves the right to examine Lumicore's designee(s) on any matters reasonably related to the above-listed topics and to examine during the deposition any documents produced by Lumicore, whether produced in response to this Notice, in response to prior discovery requests, or at the deposition itself. OWS further reserves the right to supplement or amend the topics listed herein upon rece

V. SERVICE AND NOTICE This Notice is being served on counsel for Defendant Lumicore Technologies, Inc. as follows: Catherine "Kate" Rourke Hawthorne Vega & Cruz LLP 600 Congress Avenue, Suite 2400 Austin, TX 78701 Samantha Briggs Hawthorne Vega & Cruz LLP 600 Congress Avenue, Suite 2400 Austin, TX 78701 Maria Garza Trask Eddington LLP 425 East Front Street, Suite 300 Tyler, TX 75701 Service is made by electronic mean

VI. SIGNATURE Dated: October 1, 2024 Respectfully submitted, CALDERWOOD & HARKNESS LLP By: ________ Alan Ngo (admitted pro hac vice) California State Bar No. 298174 350 South Grand Avenue, 48th Floor Los Angeles, CA 90071 Telephone: (213) 891-6200 Email: ango@calderwoodharkness.com Marcus Delgado Texas State Bar No. 24087653 350 South Grand Avenue, 48th Floor Los Angeles, CA 90071 Telephone: (213) 891-6200 Email: mde