Contract analysis

I. INTRODUCTION AND IDENTIFICATION OF THE ASSERTED PATENT A. Patent Identification Plaintiff Optiwave Semiconductor Corp. ("OWS" or "Plaintiff") hereby serves these Infringement Contentions pursuant to P.R. 3-1 of the Patent Rules of the Eastern District of Texas, identifying with particularity each claim of the asserted patent that is alleged to be infringed by each accused instrumentality, and the specific evidence

II. IDENTIFICATION OF ACCUSED PRODUCTS A. LumiLink 400G-ZR+ The LumiLink 400G-ZR+ is a 400-gigabit coherent optical transceiver module manufactured, used, sold, offered for sale, and/or imported into the United States by Defendant Lumicore Technologies, Inc. ("Lumicore"). Lumicore is a Delaware corporation with its principal place of business at 9200 Spectrum Boulevard, Building C, Austin, Texas 78759. Lumicore maint

III. SOURCES OF EVIDENCE The infringement contentions set forth in this claim chart are supported by the following categories of evidence, which OWS has obtained through its own investigation, through the discovery process in this action, and through publicly available sources. OWS reserves the right to rely on additional evidence as it becomes available through ongoing discovery. A. Benchmark Teardown Reports OWS re

IV. CLAIM CONSTRUCTION POSITIONS This claim chart reflects OWS's proposed claim constructions as set forth in the Joint Claim Construction Statement filed on October 28, 2024 (Dkt. No. 89), and OWS's Opening Claim Construction Brief filed on November 15, 2024 (Dkt. No. 102). There are fourteen (14) total disputed claim terms across all asserted patents in this action. The specific disputed terms relevant to the '847

V. CLAIM CHART — CLAIM 1 (INDEPENDENT CLAIM) Claim 1 of the '847 Patent is an independent claim directed to a multi-channel silicon photonic waveguide multiplexer apparatus. Each limitation of Claim 1 is set forth below, together with a detailed identification of the specific structures and features of each accused product that satisfy the limitation, and the specific evidence supporting each infringement contention.

VI. CLAIM CHART — CLAIM 3 (DEPENDENT ON CLAIM 1) Dependency Claim 3 depends from Claim 1 and therefore includes all limitations of Claim 1. As set forth in Section V above, both the LumiLink 400G-ZR+ and the LumiLink 800G-DR8 satisfy every limitation of Claim 1 on a literal infringement basis. The analysis of Claim 1 limitations is incorporated herein by reference and is not repeated. Additional Limitation of Claim 3

VII. CLAIM CHART — CLAIM 5 (DEPENDENT ON CLAIM 1) Dependency Claim 5 depends from Claim 1 and therefore includes all limitations of Claim 1. As set forth in Section V above, both the LumiLink 400G-ZR+ and the LumiLink 800G-DR8 satisfy every limitation of Claim 1 on a literal infringement basis. The analysis of Claim 1 limitations is incorporated herein by reference and is not repeated. Additional Limitation of Claim

VIII. CLAIM CHART — CLAIM 9 (INDEPENDENT CLAIM) Claim 9 of the '847 Patent is an independent claim. Each limitation of Claim 9 is set forth below, together with a detailed identification of the specific structures and features of each accused product that satisfy the limitation, and the specific evidence supporting each infringement contention. Limitation 9(c) has been identified as potentially invoking 35 U.S.C. § 1