Contract analysis

I. INTRODUCTORY STATEMENT Plaintiff Optiwave Semiconductor Corp. ("OWS"), by and through its counsel of record, Calderwood & Harkness LLP and local counsel Whitmore & Callahan LLP, hereby propounds its Second Set of Requests for Production of Documents (Request Nos. 86–115) upon Defendant Lumicore Technologies, Inc. ("Lumicore"), pursuant to Federal Rules of Civil Procedure 26 and 34, the Local Rules of the United St

II. DEFINITIONS As used in these Requests for Production, the following terms shall have the meanings set forth below. These definitions are intended to supplement, not supplant, the definitions contained in the Federal Rules of Civil Procedure and the Local Rules of this Court. To the extent any definition herein conflicts with the Federal Rules, the broader definition shall apply. A. "Asserted Patents" shall mean t

I. "Mask Files" or "Mask Data" shall mean all photomask layout data, GDSII stream format files, OASIS format files, photonic-IC layout files, reticle data, mask-order specifications, mask-shop instructions, and all design-rule check ("DRC") reports, layout-versus-schematic ("LVS") reports, and electrical-rule check ("ERC") reports used in connection with or generated during the design, verification, or fabrication of

III. INSTRUCTIONS A. General Instructions The following instructions apply to each of the Requests for Production set forth below. To the extent these instructions conflict with any applicable Federal Rule, Local Rule, or Court Order, the applicable Rule or Order shall control.

1. Each Request shall be construed independently and shall not be read as limiting or restricting the scope of any other Request. To the extent any two or more Requests overlap in scope, Lumicore need only produce a single copy of any Document responsive to more than one Request, provided that Lumicore identifies the Requests to which each such Document is responsive.

2. If any Document responsive to any Request is withheld, in whole or in part, on the grounds of attorney-client privilege, work-product protection, or any other privilege or immunity from discovery, Lumicore shall provide a privilege log entry for each such Document in compliance with Federal Rule of Civil Procedure 26(b)(5)(A) and the Court's Scheduling Order (D.E. 27). Each privilege log entry shall contain suffic

3. Documents shall be produced as they are kept in the ordinary course of business, or shall be organized and labeled to correspond to the categories in these Requests, in accordance with Federal Rule of Civil Procedure 34(b)(2)(E).

4. Source Code and Mask Files shall be produced in their native format in accordance with the ESI Protocol Agreement dated August 15, 2024. Source Code shall be made available for review at a designated secure facility or via a secure source-code review platform, as specified in the "Highly Confidential — Source Code" tier of the Stipulated Protective Order (D.E. 30). Mask Files in GDSII or OASIS format shall be prod

5. Where a Request seeks "all Documents," it includes Documents in the possession, custody, or control of Lumicore, including but not limited to Documents held by Lumicore's agents, consultants, contract engineers, foundry partners, design houses, mask shops, assembly and test subcontractors, or other third parties, to the extent that Lumicore has a legal right or practical ability to obtain such Documents.

6. If any Document responsive to any Request has been lost, discarded, destroyed, overwritten, or is otherwise unavailable, Lumicore shall: (a) identify the Document with reasonable specificity; (b) describe its contents to the best of Lumicore's knowledge, information, and belief; (c) state the circumstances of its loss, destruction, or unavailability, including when and how the loss or destruction occurred; (d) ide

7. If Lumicore contends that any Request is overbroad, unduly burdensome, or disproportionate to the needs of the case, Lumicore shall: (a) produce all responsive Documents as to which no objection is asserted; (b) identify with particularity the specific portion(s) of the Request to which Lumicore objects; and (c) describe the basis for the objection in sufficient detail to allow OWS and the Court to evaluate the ob

IV. REQUESTS FOR PRODUCTION REQUEST FOR PRODUCTION NO. 86: All Source Code, including but not limited to RTL code, firmware, embedded software, FPGA design code, ASIC design code, testbench code, verification scripts, synthesis scripts, and associated build and configuration files, Relating to the design, development, testing, verification, and manufacture of the LumiLink 400G-ZR+ coherent optical transceiver module,

V. CERTIFICATION The undersigned counsel hereby certifies that this Second Set of Requests for Production of Documents is consistent with and proportional to the needs of this case, considering the importance of the issues at stake in the action, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether