Contract analysis

I. INTRODUCTION AND BASIS FOR SUPPLEMENTATION A. Procedural Background Plaintiff Optiwave Semiconductor Corp. ("OWS" or "Plaintiff") respectfully submits these Supplemental Infringement Contentions pursuant to Patent Rule 3-1 of the Local Patent Rules for the Eastern District of Texas. OWS served its original P.R. 3-1 Infringement Contentions on September 16, 2024 (D.E. 32), in which it identified each asserted claim

II. IDENTIFICATION OF NEWLY PRODUCED MATERIALS A. Categories of Newly Produced Design Files The following table summarizes the categories of newly produced documents that form the basis for these Supplemental Contentions, together with illustrative Bates-number ranges, production dates, document types, confidentiality designations, and associated accused products: The above Bates ranges are illustrative and may encom

III. SUPPLEMENTAL CONTENTIONS — U.S. PATENT NO. 10,234,847 (THE '847 PATENT) A. Patent Overview U.S. Patent No. 10,234,847 (the "'847 Patent"), entitled "Multi-Channel Silicon Photonic Waveguide Multiplexer with Low Insertion Loss," was filed on September 14, 2016 and issued on March 19, 2019. The original and current assignee of the '847 Patent is Optiwave Semiconductor Corp. The '847 Patent is related to the '562 P

1. Claim 1 — LumiLink 400G-ZR+ Claim 1 of the '847 Patent recites a multi-channel silicon photonic waveguide multiplexer with specific structural limitations including, inter alia, a plurality of input waveguides, a slab coupler region, an arrayed waveguide grating section, and an output waveguide, arranged and configured to combine multiple optical signals of different wavelengths onto a single output waveguide with

2. Claim 1 — LumiLink 800G-DR8 The same analysis applies to the LumiLink 800G-DR8, which employs a scaled version of the same waveguide multiplexer architecture used in the LumiLink 400G-ZR+, with additional wavelength channels to support higher aggregate bandwidth. The GDS-II mask layout files for the LumiLink 800G-DR8 (Bates Nos. LTC-SC-004288 et seq., 800G-DR8-specific mask layers) show a waveguide multiplexer str

3. Dependent Claims 3, 5, 9, 14 For each dependent claim, OWS's Supplemental Contentions identify the additional limitation introduced by the dependent claim and cite the newly produced design files confirming that the accused products satisfy that additional limitation. Claim 3 depends from Claim 1 and adds a limitation reciting specific channel-spacing parameters for the waveguide multiplexer. The GDS-II mask layou

IV. SUPPLEMENTAL CONTENTIONS — U.S. PATENT NO. 10,891,193 (THE '193 PATENT) A. Patent Overview U.S. Patent No. 10,891,193 (the "'193 Patent"), entitled "High-Bandwidth Coherent Optical Transceiver Integrated on Silicon Substrate," was filed on April 7, 2017 and issued on January 12, 2021. The original and current assignee of the '193 Patent is Optiwave Semiconductor Corp. The '193 Patent claims priority to Provisiona

1. Claim 1 — All Accused Products Claim 1 of the '193 Patent recites a high-bandwidth coherent optical transceiver integrated on a silicon substrate, with specific limitations directed to the transceiver architecture, coherent detection components, modulation elements, and the integration of these components on a silicon-based platform. A key limitation of Claim 1 recites that the coherent optical transceiver is "int

2. Claim 1 — Product-Specific Detail LumiLink 400G-ZR+. The GDS-II mask layout files specific to the LumiLink 400G-ZR+ photonic integrated circuit (within Bates Nos. LTC-SC-004288 et seq.) identify the coherent transceiver architecture, including the mask layers corresponding to the coherent receiver, optical modulator, and waveguide interconnect structures. The RTL schematics specific to the LumiLink 400G-ZR+ (withi

3. Additional Limitations — Claims 10, 15, 18 Claim 10 depends from Claim 1 and adds a limitation directed to the optical modulator architecture within the coherent transceiver. The newly produced mask layout files confirm the modulator structure and configuration in the accused products, consistent with the limitation of Claim 10. The supplemental claim chart in Exhibit 2 provides specific citations. Claim 15 depend

1. Background. OWS's original Infringement Contentions (D.E. 32, served September 16, 2024) asserted infringement of Claims 3 and 7 of the '193 Patent under the doctrine of equivalents, in addition to literal infringement. OWS contended that even if Lumicore's accused designs do not literally satisfy the "coherent detection module" limitation as recited in Claims 3 and 7, the accused elements perform substantially th

2. Supplemental Evidence from Design Files The newly produced RTL schematics and PIC mask layout files for all three accused products provide additional detail and specificity regarding the coherent detection architecture employed by Lumicore that was not previously available from the Benchmark teardown reports or public product documentation. This additional evidence refines and strengthens OWS's function-way-result

3. Prosecution History Estoppel Rebuttal OWS restates its position that the tangential-relation exception to the Festo presumption applies to the narrowing amendment made during prosecution of the '193 Patent. As set forth in OWS's original contentions and further supported by the newly produced evidence, the amendment narrowing the "coherent detection module" limitation was made to distinguish the Takahashi et al. p

V. SUPPLEMENTAL CONTENTIONS — U.S. PATENT NO. 9,678,562 (THE '562 PATENT) A. Patent Overview 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," was filed on November 22, 2014 and issued on June 13, 2017. The '562 Patent was originally assigned to Solara Optics, Inc. The current assignee is Optiwave Semiconduc

1. Claim 1 — Key Limitation: "micro-channel heat sink" Claim 1 of the '562 Patent recites a method for thermal management of a photonic integrated circuit using an embedded "micro-channel heat sink." This term is the subject of a claim construction dispute between the parties. OWS proposes that "micro-channel heat sink" should be construed to mean "a heat-dissipating structure containing channels with a hydraulic dia

2. Claims 4, 6, 11 Claim 4 depends from Claim 1 and adds a limitation directed to the specific geometry of the micro-channel structures — specifically, the channel cross-sectional profile and aspect ratio. The GDS-II mask layout files (Bates Nos. LTC-SC-004288 et seq.) include layer annotations and cross-sectional representations confirming the channel geometry in the accused products. The fabrication run data (Bates

VI. SUPPLEMENTAL CONTENTIONS — U.S. PATENT NO. 11,402,015 (THE '015 PATENT) A. Patent Overview U.S. Patent No. 11,402,015 (the "'015 Patent"), entitled "Polarization-Diverse Grating Coupler for Silicon Photonic Transceivers," was filed on August 30, 2019 and issued on August 2, 2022. The original and current assignee of the '015 Patent is Optiwave Semiconductor Corp. The '015 Patent claims priority to Provisional App

1. Claim 1 — Key Limitation: "polarization-diverse grating coupler" Claim 1 of the '015 Patent recites a silicon photonic transceiver incorporating a "polarization-diverse grating coupler" with specific structural and functional limitations. The term "polarization-diverse grating coupler" is the subject of a claim construction dispute. OWS proposes that "polarization-diverse grating coupler" should be construed to me

2. Claims 5, 8, 16 Claim 5 depends from Claim 1 and adds a limitation directed to the grating coupler's coupling efficiency at specified wavelength ranges. The design review presentations (Bates Nos. LTC-HC-045000 et seq.) include measured coupling efficiency data for the accused grating couplers at the relevant wavelength ranges, confirming satisfaction of this limitation. The supplemental claim chart in Exhibit 4 p

1. Background. OWS's original Infringement Contentions (D.E. 32, served September 16, 2024) asserted infringement of Claim 12 of the '015 Patent under the doctrine of equivalents, in addition to literal infringement. Claim 12 depends from Claim 1 and recites a "two-dimensional sub-wavelength grating" limitation. OWS contended in its original contentions that even if Lumicore's accused grating coupler designs do not l

2. Supplemental Evidence from Design Files The GDS-II mask layout files for the LumiLink 800G-DR8 and the LumiEdge 1600G-LR provide detailed grating coupler geometry data that was not available from the Benchmark teardown analyses. This data enables a more refined and granular function-way-result analysis for the doctrine of equivalents contentions on Claim 12. The refined function-way-result analysis, as supplemente

3. Prosecution History Estoppel Rebuttal OWS restates and supplements its position that the tangential-relation exception to the Festo presumption applies to the narrowing amendment made during prosecution of the '015 Patent. The amendment narrowing the "two-dimensional sub-wavelength grating" limitation was made to distinguish the Bergmann-Simonsen prior-art combination. The Bergmann reference disclosed a one-dimens

VII. SUPPLEMENTAL CONTENTIONS — INDUCED INFRINGEMENT (ALL FOUR PATENTS) A. Legal Standard Pursuant to 35 U.S.C. § 271(b), "[w]hoever actively induces infringement of a patent shall be liable as an infringer." To establish liability for induced infringement, OWS must demonstrate that Lumicore knowingly induced acts of direct infringement by third parties and that Lumicore acted with the specific intent to encourage an