Contract analysis

I. RECITALS AND PURPOSE 1.1 Background of the Action On April 22, 2024, Plaintiff Optiwave Semiconductor Corp. filed this action against Defendant Lumicore Technologies, Inc. asserting infringement of four United States utility patents: U.S. Patent No. 10,234,847 (the "'847 Patent"), U.S. Patent No. 10,891,193 (the "'193 Patent"), U.S. Patent No. 9,678,562 (the "'562 Patent"), and U.S. Patent No. 11,402,015 (the "'01

II. SCOPE AND PROPORTIONALITY 2.1 Scope of ESI discovery ESI discovery in this action shall be limited to materials relevant to any party's claim or defense and proportional to the needs of the case, consistent with Federal Rule of Civil Procedure 26(b)(1). The claims and defenses for which ESI discovery is relevant include, without limitation: infringement (literal and under the doctrine of equivalents) of each of t

III. PRESERVATION OBLIGATIONS 3.1 Litigation Hold Each party represents and warrants that it has issued appropriate litigation hold notices to all identified custodians and relevant information technology personnel directing the preservation of all potentially relevant ESI. Each party further represents that its litigation hold is reasonably designed to ensure the preservation of ESI relevant to the claims and defens

IV. DOCUMENT REVIEW PLATFORM 4.1 Agreed Platform The parties agree to use Relativity as the document review platform for purposes of hosting, reviewing, and producing documents in this litigation. Relativity is a widely used, industry-standard platform that supports the complex review, coding, and production workflows required in large-scale patent litigation. The parties have selected Relativity based on their mutua

V. COLLECTION PROTOCOLS 5.1 Collection Standards All ESI shall be collected in a forensically sound manner that preserves the integrity of the data and all associated metadata. Collection activities shall be designed to ensure that the collected data is a true and complete copy of the original data as it existed at the time of collection, and that the collection process does not alter, corrupt, or destroy any portion

VI. PROCESSING PROTOCOLS 6.1 Processing Standards ESI shall be processed using industry-standard e-discovery processing tools, such as Brightmoor Health IT, Severin Software, or equivalent platforms, that are capable of extracting text, metadata, and embedded objects from a range file formats. The processing tools selected by each party shall be capable of handling the file types identified in this Protocol, includin

VII. PRODUCTION FORMAT 7.1 General Production Format — TIFF + Load File Unless otherwise specified in this Protocol, ESI shall be produced in single-page TIFF format at a resolution of 300 DPI (dots per inch) using Group IV compression. Each TIFF image shall represent a single page of the original document. Each TIFF production shall be accompanied by the following supporting files: (a) A document-level load file in

VIII. SOURCE CODE PRODUCTION AND INSPECTION PROTOCOL 8.1 Applicability. This Section VIII governs the production and inspection of source code, RTL schematics, photonic-IC layout files (including GDS-II and OASIS format files), mask files, fabrication run data, simulation data, and related design files (collectively, "Source Code Materials") of both parties. Source Code Materials constitute the most sensitive and com