Contract analysis

I. BACKGROUND AND QUALIFICATIONS OF DEPONENT A. Professional Background Angela Reeves testified that she is the Managing Director of FairPoint Licensing Group, LLC, a patent licensing advisory firm located at 500 Sansome Street, Suite 1400, San Francisco, California 94111. Reeves stated that she has served in the Managing Director role since 2017, when FairPoint was founded. In that capacity, she oversees the firm's

1. U.S. Patent No. 10,234,847 (the '847 Patent) — Entitled "Multi-Channel Silicon Photonic Waveguide Multiplexer with Low Insertion Loss." Filed September 14, 2016. Issued March 19, 2019. The original assignee is Optiwave Semiconductor Corp.

2. U.S. Patent No. 10,891,193 (the '193 Patent) — Entitled "High-Bandwidth Coherent Optical Transceiver Integrated on Silicon Substrate." Filed April 7, 2017. Issued January 12, 2021. The original assignee is Optiwave Semiconductor Corp.

3. U.S. Patent No. 9,678,562 (the '562 Patent) — Entitled "Method for Thermal Management of Photonic Integrated Circuits Using Embedded Micro-Channel Heat Sinks." Filed November 22, 2014. Issued June 13, 2017. Originally assigned to Solara Optics, Inc. Acquired by OWS via an Asset Purchase Agreement dated June 15, 2018, for $34.5 million as part of a portfolio of twelve patents.

4. U.S. Patent No. 11,402,015 (the '015 Patent) — Entitled "Polarization-Diverse Grating Coupler for Silicon Photonic Transceivers." Filed August 30, 2019. Issued August 2, 2022. The original assignee is Optiwave Semiconductor Corp. Reeves testified that, in addition to reviewing each patent, she also reviewed the teardown report prepared by Benchmark Semiconductor Analysis, LLC, on the Lumicore LumiLink 400G-ZR+ tra

II. IDENTIFICATION OF LUMICORE AS LICENSING TARGET A. How Lumicore Was Identified Reeves testified that in approximately October 2022, OWS's internal engineering team identified potential infringement of OWS patents by Lumicore Technologies, Inc.'s LumiLink 400G-ZR+ transceiver module, which had launched commercially in the third quarter of 2022. Reeves stated that the identification was based on the engineering team

III. FIRST LICENSING LETTER — JANUARY 15, 2023 A. Preparation and Substance of the Letter Reeves confirmed that FairPoint Licensing Group, on behalf of Optiwave Semiconductor Corp., sent the first licensing and notice letter to Lumicore Technologies, Inc. on January 15, 2023. This letter was marked during the deposition as Reeves Deposition Exhibit 1. The letter was addressed to Raymond Bautista, General Counsel, Lum

IV. LUMICORE'S RESPONSE — FEBRUARY 28, 2023 A. Receipt and Substance of Response Reeves testified that Lumicore responded to the January 15, 2023 letter on February 28, 2023. The response letter was marked during the deposition as Reeves Deposition Exhibit 2. Notably, the response was sent not by Raymond Bautista directly but by Lumicore's outside counsel, Catherine "Kate" Rourke of Hawthorne Vega & Cruz LLP, located

V. IN-PERSON LICENSING MEETING — APRIL 20, 2023 A. Logistics and Attendees Reeves confirmed that an in-person licensing meeting between OWS/FairPoint and Lumicore/Hawthorne Vega & Cruz took place on April 20, 2023, in Austin, Texas. The meeting was held at the offices of Hawthorne Vega & Cruz LLP, 600 Congress Avenue, Suite 2400, Austin, Texas 78701. Reeves testified that the location was selected by mutual agreement

VI. SECOND LICENSING LETTER — MAY 15, 2023 A. Preparation and Substance Reeves confirmed that FairPoint Licensing Group sent a second licensing letter to Lumicore Technologies, Inc. on May 15, 2023. The letter was marked during the deposition as Reeves Deposition Exhibit 3. The letter was again addressed to Raymond Bautista, General Counsel, Lumicore Technologies, Inc., at Lumicore's Austin, Texas headquarters. Reeve

VII. LUMICORE'S DECLINATION — JULY 10, 2023 A. Substance of Lumicore's Response Reeves testified that Lumicore responded to the May 15, 2023 licensing letter on July 10, 2023. The response was marked during the deposition as Reeves Deposition Exhibit 4. The response was again sent by Kate Rourke of Hawthorne Vega & Cruz LLP on behalf of Lumicore Technologies, Inc. Reeves testified that the July 10, 2023 letter consti

VIII. POST-DECLINATION DEVELOPMENTS A. LumiEdge 1600G-LR Launch (Q4 2023) Reeves testified that she was aware that Lumicore launched its LumiEdge 1600G-LR transceiver module in the fourth quarter of 2023, after receiving both FairPoint licensing letters and formally declining to take a license. Reeves stated that the launch of a new product line by Lumicore in the same technology space as the accused LumiLink product

IX. CROSS-EXAMINATION HIGHLIGHTS (BY SAMANTHA BRIGGS, HAWTHORNE VEGA & CRUZ LLP) A. Scope and Nature of Cross-Examination Following the completion of the direct examination by Wendy Schultz, the deponent was cross-examined by Samantha Briggs of Hawthorne Vega & Cruz LLP, counsel for defendant Lumicore Technologies, Inc. The cross-examination covered several principal areas: (1) the specificity of the claim charts pro

X. KEY EXHIBITS MARKED DURING DEPOSITION The following exhibits were marked during the deposition of Angela Reeves on December 10, 2024:

XI. ASSESSMENT OF TESTIMONY — STRENGTHS AND WEAKNESSES A. Strengths of Reeves's Testimony Reeves was well-prepared, articulate, and consistent throughout her approximately five hours and forty minutes of testimony. She demonstrated thorough familiarity with the chronology of the licensing campaign, the content of the licensing letters, and the substance of the April 20, 2023 in-person meeting. Her testimony was organ

1. Live Testimony or Video Deposition. Reeves should be called as a live witness at trial, if scheduling permits. Alternatively, if live testimony is not feasible, her video deposition testimony should be designated and played for the jury. Her testimony is essential to establishing the pre-suit notice timeline and Lumicore's refusal to negotiate — both of which are core elements of OWS's willful infringement case.

2. Key Deposition Designations. The following excerpts from the Reeves deposition should be designated for trial use: (i) Confirmation of the January 15, 2023 licensing letter, including identification of the '847, '193, and '562 Patents and identification of the LumiLink 400G-ZR+ as the accused product; (ii) Confirmation that Raymond Bautista acknowledged receipt of the licensing letters and confirmed that Lumicore

3. Coordination with Supporting Materials. Reeves's testimony should be paired with the Declaration of Angela Reeves re: Pre-Suit Notice (currently in draft) for use in willful infringement briefing, and with the Timeline of Notice and Willfulness Evidence compiled internally by the trial team. These materials should be cross-referenced to ensure consistency and maximize the impact of the notice chronology at trial.

XII. OPEN ITEMS AND FOLLOW-UP A. Transcript Finalization The final certified transcript of the Reeves deposition is expected to be received by approximately December 27, 2024. Upon receipt, all page and line references in this summary should be verified against the final certified transcript and updated as necessary. Any discrepancies between the rough transcript and the final transcript should be flagged and assesse

XIII. DISTRIBUTION This memorandum is being distributed to the following members of the litigation team: • Alan Ngo, Responsible Partner, Calderwood & Harkness LLP • Marcus Delgado, Billing Partner, Calderwood & Harkness LLP • Wendy Schultz, Lead Associate, Calderwood & Harkness LLP • Omar Siddiqui, Working Associate, Calderwood & Harkness LLP • Jim Callahan, Local Counsel, Whitmore & Callahan LLP, 110 North College