Contract analysis

I. Overview of Deposition This memorandum summarizes the deposition testimony of Dr. Sandra Michaud, Chief Technology Officer of Lumicore Technologies, Inc. ("Lumicore"), taken on November 19, 2024, at the offices of Hawthorne Vega & Cruz LLP in Austin, Texas. The deposition was taken pursuant to notice of deposition served by Calderwood & Harkness LLP on behalf of the plaintiff, Optiwave Semiconductor Corp. ("OWS" o

II. Witness Background and Qualifications A. Educational Background Dr. Michaud testified regarding her educational background and academic credentials. She holds a Ph.D. in electrical engineering with a specialization in photonics. The specific institution and year of conferral are to be confirmed from the transcript upon receipt; however, based on testimony, it is understood that she received her doctorate in the m

III. Knowledge of Optiwave Semiconductor Corp. and Its Patents A. General Awareness of OWS Dr. Michaud was questioned about her familiarity with Optiwave Semiconductor Corp. as a competitor in the silicon-photonics transceiver market. She acknowledged that she was generally aware of OWS as a company that designs and manufactures silicon-photonics transceiver modules for data-center applications. She confirmed awarene

IV. LumiLink 400G-ZR+ Design and Development A. Development Timeline Dr. Michaud was questioned about the development timeline for the LumiLink 400G-ZR+ transceiver module, which is the first of the three accused products to have launched. The LumiLink 400G-ZR+ was launched commercially in Q3 2022. Dr. Michaud described the development cycle for the LumiLink 400G-ZR+ as spanning approximately two years, from initial

V. LumiLink 800G-DR8 Design and Development A. Development Timeline Dr. Michaud was questioned about the development timeline for the LumiLink 800G-DR8, the second of the three accused products. The LumiLink 800G-DR8 launched commercially in Q1 2023. Dr. Michaud described the LumiLink 800G-DR8 as an "evolution" of the LumiLink 400G-ZR+ platform. She testified that the 800G-DR8 leverages much of the same underlying si

VI. LumiEdge 1600G-LR Design and Development A. Development Timeline and Post-Notice Launch The LumiEdge 1600G-LR is the third accused product and the most recently launched. The LumiEdge 1600G-LR launched in Q4 2023. This launch date is significant because it occurred well after both FairPoint licensing letters (January 15, 2023 and May 15, 2023), after the in-person licensing meeting on April 20, 2023, and after Lu

VII. Prior Art and Invalidity A. Prior Art Awareness Dr. Michaud was questioned about her familiarity with specific prior-art references cited in Lumicore's invalidity contentions, which were served on October 14, 2024, and cite twenty-three (23) references in total across the four asserted patents. Dr. Michaud acknowledged general familiarity with the following references: • Takahashi et al., "Dense WDM Silicon Phot

VIII. Competitive Dynamics and Market Information A. Market Competition with OWS Dr. Michaud was questioned about the competitive dynamics between Lumicore and OWS in the silicon-photonics transceiver market. Her testimony on this topic was generally favorable to OWS's position regarding market competition and the economic harm caused by the alleged infringement. Dr. Michaud acknowledged that Lumicore and OWS compete

IX. Objections and Privilege Issues Defense counsel Kate Rourke interposed numerous objections throughout the deposition, primarily on grounds of form, relevance, and privilege. The objections are noted on the record and are summarized below in terms of their significance to the pending motions and litigation strategy. Privilege Objections and Instructions Not to Answer. The most significant objections concerned priv

1. Communications with Counsel Regarding OWS Patents. Dr. Michaud was instructed not to answer any questions regarding the substance of her communications with Lumicore's legal counsel — including Raymond Bautista (General Counsel), Kate Rourke, and other attorneys at Hawthorne Vega & Cruz LLP — concerning the OWS patents or infringement risk. This instruction was broad and was maintained consistently throughout the

2. Opinion-of-Counsel Letters. Rourke instructed the witness not to answer questions regarding the substance of any opinion-of-counsel letters or legal analyses that Dr. Michaud may have reviewed. This instruction was given in the context of questioning about Michaud's review of the asserted patent claims after receipt of the FairPoint licensing letters and in the context of Lumicore's July 10, 2023 declination lette

3. Internal Legal Strategy. Rourke objected to and instructed the witness not to answer questions about internal legal strategy discussions regarding Lumicore's response to the FairPoint licensing outreach, including any discussions about whether to take a license, whether to engage in design-around efforts, or whether to contest the validity of the asserted patents.

4. Design-Around Analyses. Rourke objected to and instructed the witness not to answer questions about any design-around analyses that may have been undertaken at the direction of counsel. She asserted work-product protection and attorney-client privilege as the bases for this instruction. Relevance to Pending Motion to Compel. These privilege assertions are directly relevant to OWS's pending Motion to Compel Product

X. Exhibits Marked During Deposition The following exhibits were marked during the deposition of Dr. Sandra Michaud:

XI. Key Takeaways and Litigation Impact Assessment A. Willful Infringement Dr. Michaud's admission that she personally reviewed OWS Published Application No. 2018/0123456 during the LumiLink 400G-ZR+ design phase (2021–2022) is the single most significant piece of evidence to emerge from this deposition. This admission establishes that Lumicore's senior engineering leadership — the CTO herself — had actual access to

XII. Follow-Up Actions A. Deposition Transcript The final certified transcript is expected from the court reporter within thirty (30) days of the deposition date. The team should calendar the deadline for Dr. Michaud's errata review (30 days from the date the transcript is made available to defense counsel under the rules). Upon receipt of the finalized transcript, the team should:

1. Review the transcript for accuracy against deposition notes.

2. Prepare an errata review and flag any material changes made by the witness.

3. Insert final transcript page-and-line citations into the Appendix (Section XIII) of this memorandum.

4. Circulate the updated memorandum with citations to the distribution list. B. Designation for Use at Trial Upon receipt of the finalized transcript, the team should identify key excerpts for potential use at trial, whether by way of deposition designations for the jury or for impeachment purposes. Priority excerpts include: • Admission of reviewing Published Application No. 2018/0123456 during the LumiLink 400G-ZR+

1. Dr. Caroline Ashford (Northfield Institute of Technology) — OWS's infringement expert. Dr. Ashford should receive excerpts relating to: • Michaud's description of the waveguide multiplexer architecture in the LumiLink 400G-ZR+ (relevant to the '847 Patent) • Michaud's description of the coherent detection module in the LumiLink 400G-ZR+ (relevant to Claims 3 and 7 of the '193 Patent, DOE analysis) • Michaud's desc

2. Dr. Lawrence Keating (Meridian Economic Consulting Group, LLC) — OWS's damages expert. Dr. Keating should receive excerpts relating to: • Michaud's inability to identify non-infringing alternatives (Panduit factor 2) • Michaud's testimony regarding competitive dynamics and customer overlap (Panduit factor 1 and price erosion) • Michaud's acknowledgment that the accused products constitute a significant portion of

3. Gregory Falk (industry expert) — OWS's industry expert witness. Mr. Falk should receive excerpts relating to: • Michaud's testimony regarding the competitive landscape and Lumicore's market position • Michaud's acknowledgment of OWS as a competitor • Michaud's testimony regarding pricing dynamics in the 400G-ZR transceiver market D. Motion to Compel Coordination Dr. Michaud's testimony during the deposition — part

1. Dr. Eric Dalmqvist (VP of Product Development). Dr. Michaud's testimony points to Dr. Dalmqvist as the most critical remaining fact deposition witness. She referred substantive questions about the 2016–2017 design documents to Dalmqvist, and she described him as t