Contract analysis

I. INTRODUCTION Pursuant to Patent Rule 3-1 of the Local Rules for Patent Cases in the Eastern District of Texas, Plaintiff Optiwave Semiconductor Corp. ("OWS" or "Plaintiff") hereby serves its Disclosure of Asserted Claims and Infringement Contentions upon Defendant Lumicore Technologies, Inc. ("Lumicore" or "Defendant"). In this disclosure, OWS identifies each asserted patent, each asserted claim within each patent

II. IDENTIFICATION OF ASSERTED PATENTS AND CLAIMS Pursuant to P.R. 3-1(a), OWS identifies below each patent being asserted in this action, together with information concerning the prosecution history, assignment, and patent family relationships for each patent. OWS further identifies the specific claims of each patent that are asserted against Lumicore. A. U.S. Patent No. 10,234,847 ("the '847 Patent") Title: "Multi-

III. IDENTIFICATION OF ACCUSED INSTRUMENTALITIES Pursuant to P.R. 3-1(b), OWS identifies below each accused instrumentality—including each product, process, and system—that OWS contends infringes one or more asserted claims. A. Accused Products The following Lumicore product lines are accused of infringing the asserted patents:

1. LumiLink 400G-ZR+ The LumiLink 400G-ZR+ is a 400-gigabit coherent optical transceiver module designed for data-center interconnect and metro-reach applications. It was commercially launched by Lumicore in the third quarter of 2022 and has been continuously sold, offered for sale, and imported into the United States since that date. Based on publicly available financial information and OWS's analysis, the estimated

2. LumiLink 800G-DR8 The LumiLink 800G-DR8 is an 800-gigabit direct-detect transceiver module designed for intra-data-center connectivity applications. It was commercially launched by Lumicore in the first quarter of 2023 and has been continuously sold, offered for sale, and imported into the United States since that date. Based on publicly available financial information and OWS's analysis, the estimated fiscal year

3. LumiEdge 1600G-LR The LumiEdge 1600G-LR is a 1600-gigabit long-reach transceiver module designed for campus and metro network applications requiring extended reach. It was commercially launched by Lumicore in the fourth quarter of 2023—notably, after Lumicore had received notice of the asserted patents—and has been sold, offered for sale, and imported into the United States since that date. Based on publicly avail

IV. CLAIM-BY-CLAIM, ELEMENT-BY-ELEMENT INFRINGEMENT CONTENTIONS Prefatory Notes. Pursuant to P.R. 3-1(c), OWS sets forth below its infringement contentions on a claim-by-claim, element-by-element basis for each asserted claim of each asserted patent. For each asserted claim, the full claim language is identified, followed by a detailed identification of where each claim element is found in each accused product. Where

1. Claim 1. Claim Language (Preamble): "A multi-channel silicon photonic waveguide multiplexer comprising:" Accused Products: LumiLink 400G-ZR+; LumiLink 800G-DR8. Infringement Mapping: Both the LumiLink 400G-ZR+ and the LumiLink 800G-DR8 incorporate a multi-channel silicon photonic waveguide multiplexer structure as a core component of their silicon photonic integrated circuit architecture. The Benchmark Semiconduct

2. Claim 3 (Dependent on Claim 1). Accused Products: LumiLink 400G-ZR+; LumiLink 800G-DR8. Claim 3 depends from Claim 1 and incorporates all of the limitations of Claim 1, as mapped above. In addition to the elements of Claim 1, Claim 3 adds specific structural features of the waveguide array, including limitations relating to the phase-shift characteristics of the arrayed waveguide elements and the spacing between a

3. Claim 5 (Dependent on Claim 1). Accused Products: LumiLink 400G-ZR+; LumiLink 800G-DR8. Claim 5 depends from Claim 1 and incorporates all of the limitations of Claim 1, as mapped above. In addition to the elements of Claim 1, Claim 5 further specifies insertion loss thresholds for the multiplexer. Infringement Mapping of Additional Limitation: Lumicore's published product specifications for both the LumiLink 400G-

4. Claim 9 (Independent). Accused Products: LumiLink 400G-ZR+; LumiLink 800G-DR8. Claim 9 is an independent claim directed to a waveguide multiplexer system with specific functional elements. Based on OWS's analysis, Claim 9 contains one limitation that potentially invokes means-plus-function treatment under 35 U.S.C. § 112(f). The corresponding structure disclosed in the '847 Patent specification for this means-plus

5. Claim 14 (Dependent on Claim 9). Accused Products: LumiLink 400G-ZR+; LumiLink 800G-DR8. Claim 14 depends from Claim 9 and incorporates all of the limitations of Claim 9, as mapped above. In addition to the elements of Claim 9, Claim 14 adds limitations specifying channel count and wavelength spacing parameters. Infringement Mapping of Additional Limitation: Lumicore's published product specifications for both the

1. Claim 1. Claim Language (Preamble): "A high-bandwidth coherent optical transceiver integrated on a silicon substrate, comprising:" Accused Products: LumiLink 400G-ZR+; LumiLink 800G-DR8; LumiEdge 1600G-LR. Infringement Mapping: All three accused products are coherent optical transceivers formed on or within a silicon-based wafer using semiconductor fabrication processes. The Benchmark Semiconductor Analysis, LLC t

2. Claim 3 (Dependent on Claim 1) — Literal Infringement and Doctrine of Equivalents. Accused Products: LumiLink 400G-ZR+; LumiLink 800G-DR8; LumiEdge 1600G-LR. Claim 3 depends from Claim 1 and incorporates all of the limitations of Claim 1, as mapped above. In addition to the elements of Claim 1, Claim 3 adds the "coherent detection module" limitation, specifying particular characteristics of the coherent detection

3. Claim 7 (Dependent) — Literal Infringement and Doctrine of Equivalents. Accused Products: LumiLink 400G-ZR+; LumiLink 800G-DR8; LumiEdge 1600G-LR. Claim 7 depends from Claim 1 (through Claim 3 or directly) and incorporates all of the limitations of Claim 1 and any intervening dependent claims, as mapped above. In addition, Claim 7 adds further transceiver architecture limitations relating to the integration and co

4. Claim 10 (Independent — Method Claim). Accused Products: LumiLink 400G-ZR+; LumiLink 800G-DR8; LumiEdge 1600G-LR. Claim 10 is an independent claim directed to a method of operating a high-bandwidth coherent optical transceiver integrated on a silicon substrate. Each step of Claim 10 corresponds to the operation of the transceiver apparatus elements mapped in Claim 1 above. Infringement Mapping: Each of the three a

5. Claim 15 (Dependent on Claim 10). Accused Products: LumiLink 400G-ZR+; LumiLink 800G-DR8; LumiEdge 1600G-LR. Claim 15 depends from Claim 10 and incorporates all of the steps of Claim 10, as mapped above. Claim 15 adds an additional method step that potentially includes a means-plus-function limitation under 35 U.S.C. § 112(f). The corresponding structure for this means-plus-function limitation is identified in the

6. Claim 18 (Dependent on Claim 10). Accused Products: LumiLink 400G-ZR+; LumiLink 800G-DR8; LumiEdge 1600G-LR. Claim 18 depends from Claim 10 and incorporates all of the steps of Claim 10, as mapped above. Claim 18 adds limitations specifying bandwidth and data-rate parameters, requiring that the method achieve minimum performance thresholds for the transceiver's data throughput. Infringement Mapping of Additional L

1. Claim 1. Claim Language (Preamble): "A method for thermal management of a photonic integrated circuit, comprising:" Accused Products: LumiLink 400G-ZR+; LumiLink 800G-DR8. Infringement Mapping: Both the LumiLink 400G-ZR+ and the LumiLink 800G-DR8 employ a method of thermal management that utilizes embedded micro-channel heat-sink structures within or adjacent to the photonic integrated circuit package. The Benchma

2. Claim 4 (Dependent on Claim 1). Accused Products: LumiLink 400G-ZR+; LumiLink 800G-DR8. Claim 4 depends from Claim 1 and incorporates all of the elements of Claim 1, as mapped above. In addition to the elements of Claim 1, Claim 4 adds limitations specifying micro-channel dimensions and materials, including constraints on the hydraulic diameter of the micro-channels and the composition of the substrate material. I

3. Claim 6 (Dependent on Claim 1). Accused Products: LumiLink 400G-ZR+; LumiLink 800G-DR8. Claim 6 depends from Claim 1 and incorporates all of the elements of Claim 1, as mapped above. In addition to the elements of Claim 1, Claim 6 adds limitations specifying heat-dissipation performance characteristics, including thermal resistance values or heat flux density thresholds. Infringement Mapping of Additional Limitati

4. Claim 11 (Independent — Apparatus Claim). Accused Products: LumiLink 400G-ZR+; LumiLink 800G-DR8. Claim 11 is an independent claim directed to the micro-channel heat-sink structure itself, as a physical apparatus for thermal management of a photonic integrated circuit. Unlike the method claims discussed above, Claim 11 recites the structural elements of the heat-sink apparatus. Infringement Mapping: The element-by

1. Claim 1. Claim Language (Preamble): "A polarization-diverse grating coupler for a silicon photonic transceiver, comprising:" Accused Products: LumiLink 800G-DR8; LumiEdge 1600G-LR. Infringement Mapping: Both the LumiLink 800G-DR8 and the LumiEdge 1600G-LR incorporate a grating coupler on the silicon photonic die that is capable of coupling light of two orthogonal polarization states—i.e., a polarization-diverse gr