Contract analysis

I. RECITALS WHEREAS, Plaintiff Optiwave Semiconductor Corp. ("OWS"), a corporation organized and existing under the laws of the State of Delaware, with its principal place of business located at 4810 Bayside Technology Parkway, Suite 300, Santa Clara, California 95054, filed its original Complaint in this action on April 22, 2024, asserting claims for patent infringement against Defendant Lumicore Technologies, Inc.

II. INJUNCTIVE PROVISIONS — CORE PROHIBITIONS

1. IT IS HEREBY ORDERED that Defendant Lumicore Technologies, Inc., its officers (including, but not limited to, Chief Executive Officer Thomas Kessler, Chief Technology Officer Dr. Sandra Michaud, General Counsel Raymond Bautista, Vice President of Product Development Dr. Eric Dalmqvist, and Chief Financial Officer Janet Moreno), directors, agents, servants, employees, representatives, affiliates, subsidiaries, succ

III. ENJOINED PRODUCTS — DEFINITION

2. As used in this Order, the term "Enjoined Products" means the LumiLink 400G-ZR+ transceiver module, the LumiLink 800G-DR8 transceiver module, and the LumiEdge 1600G-LR transceiver module, as manufactured and sold by Lumicore during the period of infringement, including all variants, configurations, sub-models, and successor versions thereof that incorporate the same infringing features and functionalities identifi

IV. SUNSET PROVISION — TRANSITION PERIOD FOR EXISTING COMMITMENTS

3. Eighteen-Month Transition Period. Notwithstanding the prohibitions set forth in Section II above, Lumicore shall have a period of eighteen (18) months from the date of entry of this Order (the "Transition Period") during which Lumicore may continue to fulfill existing binding contractual obligations for the delivery of Enjoined Products, provided that such contractual obligations were entered into prior to the dat

4. Conditions of the Transition Period. The Transition Period is subject to each and all of the following conditions: (a) Certified Contract List. Within thirty (30) calendar days of the date of entry of this Order, Lumicore shall provide to OWS's counsel of record, Calderwood & Harkness LLP, Attention: Alan Ngo, 350 South Grand Avenue, 48th Floor, Los Angeles, California 90071, a complete and certified list of all e

5. No Extension of the Transition Period. The Transition Period shall not be extended absent a showing of extraordinary circumstances demonstrated by clear and convincing evidence and with the written consent of OWS, or by further order of this Court upon a noticed motion filed by Lumicore with at least thirty (30) days' advance notice to OWS. The mere existence of unfulfilled contractual obligations at the expiratio

V. REPORTING AND COMPLIANCE OBLIGATIONS

6. Designation of Compliance Officer. Within fourteen (14) calendar days of the date of entry of this Order, Lumicore shall designate a senior officer at the level of Vice President or above (the "Compliance Officer") who shall be personally responsible for ensuring Lumicore's compliance with all provisions of this Order. Lumicore shall provide written notice of such designation to OWS's counsel of record, identifyin

7. Quarterly Compliance Reports. Beginning ninety (90) calendar days after the date of entry of this Order, and continuing on a quarterly basis thereafter for a period of three (3) years from the date of entry of this Order, Lumicore shall provide to OWS's counsel of record a written compliance report (each, a "Quarterly Compliance Report"). Each Quarterly Compliance Report shall be signed under penalty of perjury by

8. Right of Inspection. OWS shall have the right, upon not less than thirty (30) calendar days' written notice to Lumicore, to retain an independent third-party auditor (the "Auditor"), reasonably acceptable to Lumicore (such acceptance not to be unreasonably withheld, conditioned, or delayed), to conduct an audit of Lumicore's compliance with this Order. The Auditor shall be entitled to inspect and copy relevant boo

9. Contempt. Any violation of this Order may be punished as contempt of Court pursuant to the inherent powers of this Court and applicable provisions of federal law. In any contempt proceeding arising from an alleged violation of this Order, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection with such proceeding.

10. Supplemental Damages. Nothing in this Order shall preclude OWS from seeking additional damages, including supplemental damages pursuant to 35 U.S.C. § 284 and/or enhanced damages for willful infringement, for any infringement by Lumicore occurring after the date of the jury's verdict or after the date of entry of this Order. The Court's entry of this permanent injunction is without prejudice to OWS's right to pur

11. No Bond Required. The Court finds that no bond is required to be posted by OWS in connection with this permanent injunction. In reaching this determination, the Court has considered the following: (a) the jury has already adjudicated Lumicore's infringement and the validity of the Asserted Patents following a full trial on the merits; (b) the Transition Period provided in Section IV substantially mitigates any po

VII. REDESIGN CLEARANCE PROCEDURE

12. Voluntary Clearance Process. If, at any time after the entry of this Order, Lumicore develops a redesigned product that it contends does not infringe any valid claim of the Asserted Patents, Lumicore may seek a determination from this Court that the redesigned product is not subject to the prohibitions of this Order. To initiate such a determination, the following procedure shall apply: (a) Lumicore shall serve u

13. Patents Covered. This Order applies to the following United States patents: (a) U.S. Patent No. 10,234,847, entitled "Multi-Channel Silicon Photonic Waveguide Multiplexer with Low Insertion Loss," filed September 14, 2016, and issued March 19, 2019; (b) U.S. Patent No. 10,891,193, entitled "High-Bandwidth coherent Optical Transceiver Integrated on Silicon Substrate," filed April 7, 2017, and issued January 12, 20

14. Relationship to Damages Award. This permanent injunction is in addition to, and not in lieu of, the compensatory damages awarded by the jury and any enhanced damages that may be awarded by the Court pursuant to 35 U.S.C. § 284. The ongoing royalty payable during the Transition Period, as set forth in Section IV(c) of this Order, is separate from and supplemental to the jury's damages award and compensates OWS for

15. Successors and Assigns. This Order shall be binding upon Lumicore Technologies, Inc. and upon any successor entity, whether by merger, acquisition, consolidation, reorganization, or otherwise, and upon any assignee of all or substantially all of Lumicore's assets related to the Enjoined Products. In the event of any change of ownership, merger, acquisition, or reorganization involving Lumicore or its assets relat

16. Modification. This Order may be modified only upon motion by either party demonstrating changed circumstances warranting modification, filed with notice and an opportunity to be heard. The party seeking modification shall bear the burden of demonstrating that the requested modification is warranted.

17. This Court retains continuing and exclusive jurisdiction over this action and over the parties for the purpose of enforcing, modifying, or interpreting this Order, and for adjudicating any and all disputes arising from or related to compliance with this Order, including but not limited to contempt proceedings, motions for modification, disputes under the Redesign Clearance Procedure, and any claims for supplement

18. OWS shall serve a true and correct copy of this Order, within five (5) business days of entry, upon each of the following: (a) Lumicore's lead trial counsel: Catherine "Kate" Rourke, Hawthorne Vega & Cruz LLP, 600 Congress Avenue, Suite 2400, Austin, Texas 78701; (b) Lumicore's local counsel: Maria Garza, Trask Eddington LLP, 425 East Front Street, Suite 300, Tyler, Texas 75701; (c) Lumicore's General Counsel: Ra

19. This Order shall take effect immediately upon entry by the Clerk of Court for the Eastern District of Texas. IT IS SO ORDERED. SIGNED this _ day of ___, 2026. ________________________________________ THE HONORABLE JAMES R. GILSTRAP UNITED STATES DISTRICT JUDGE EASTERN DISTRICT OF TEXAS SUBMITTED BY COUNSEL FOR PLAINTIFF OPTIWAVE SEMICONDUCTOR CORP. CALDERWOOD & HARKNESS LLP By: ________ Alan Ngo (CA Bar No. 24789

1. Verdict-Dependent Placeholders. The following placeholders must be completed upon receipt of the jury's verdict and prior to filing: (a) Damages amount (Recital paragraph referencing jury award); (b) Specific claim findings — whether to reference specific infringed claims in the operative injunction language. Asserted claims at trial: Claims 1, 3, 5, 9, and 14 of the '847 Patent; Claims 1, 3, 7, 10, 15, and 18 of

2. Ongoing Royalty Rate. The ongoing royalty rate for the Transition Period is left blank for briefing post-verdict. OWS's position: at or above 8.5%, which is the reasonable royalty rate established through Dr. Lawrence Keating's Georgia-Pacific analysis, supported by five comparable license agreements with rates ranging from 6.5% to 10.2%. Consider arguing for an enhanced ongoing royalty (e.g., 12–15%) given the po

3. Doctrine of Equivalents Claims. The colorable-imitation provision in Section II(e) should be reviewed with particular attention to Claims 3 and 7 of the '193 Patent and Claim 12 of the '015 Patent, which were asserted under the doctrine of equivalents. Consider whether additional or more specific language is warranted to capture products that infringe under DOE, particularly given the potential overlap with the Re

4. Sunset Provision Duration. The proposed 18-month Transition Period is consistent with Lumicore's own trial testimony (Dr. Dalmqvist testified that a full redesign would require 18–24 months). Lumicore may argue for 24 months; OWS may accept 18 months as a reasonable compromise. Prepare alternative language for 12-month and 24-month periods in case the Court asks for options or Lumicore proposes modifications. Wend

5. Client and Investor Confirmation. Confirm with Rebecca Tanaka (OWS General Counsel) and Franklin Osei (Ridgeline Capital Partners, OWS's lead institutional investor) that the proposed injunction terms — particularly the 18-month Transition Period and the ongoing royalty mechanism — are consistent with OWS's strategic objectives and do not conflict with any pending business development or licensing initiatives. Ala

6. Bond Analysis. If the Court signals that a bond may be required notwithstanding the post-trial posture, coordinate with Heritage National Surety Co. (contact: David Park, SVP) regarding availability and cost of an injunction bond. Current assessment is that bond is unlikely to be required given the full-trial posture, but preparation should be completed as a contingency.

7. Supplemental Briefing Materials. If the Court requests supplemental briefing on the Cascade Holdings factors, the following declarations are available for incorporation by reference: (a) Declaration of Karen Whitfield (OWS VP of Sales) regarding customer diversion and lost design-in opportunities; (b) Declarations of regional sales directors regarding competitive dynamics at specific customer accounts; (c) Supplem