Contract analysis

I. DECLARANT IDENTIFICATION AND QUALIFICATIONS

1. My name is James "Jim" Callahan. I am a Partner at the law firm of Whitmore & Callahan LLP, located at 110 North College Avenue, Suite 800, Tyler, Texas 75702. I serve as local counsel of record in this action for Plaintiff Optiwave Semiconductor Corp. ("OWS" or "Plaintiff"). I am a member in good standing of the State Bar of Texas, Bar No. 04298175, and have been admitted to practice before the United States Dist

2. I have practiced law in the Eastern District of Texas for over twenty years. During that time, I have handled or participated as counsel in more than one hundred fifty civil actions in this District, a substantial majority of which have involved patent infringement claims. I am thoroughly familiar with the courtrooms, local rules, standing orders, and judicial practices of the Tyler Division and the marshall Divis

3. I was retained by Calderwood & Harkness LLP ("C&H"), lead litigation counsel for Plaintiff OWS, pursuant to a local counsel retainer agreement dated April 5, 2024. C&H maintains its principal office at 350 South Grand Avenue, 48th Floor, Los Angeles, California 90071, and a Washington, D.C. office at 1201 F Street NW, Suite 700, Washington, DC 20004. The responsible partner at C&H overseeing this matter is Alan Ng

II. LUMICORE'S PHYSICAL PRESENCE IN THE EASTERN DISTRICT OF TEXAS

4. Based on my personal observation and investigation, Lumicore Technologies, Inc. maintains a sales office and technical support center located at 2700 Earl Campbell Parkway, Suite 150, Tyler, Texas 75701. This location is situated within the Tyler Division of the Eastern District of Texas. The nature of operations conducted at this Tyler office includes, but is not limited to, sales activities directed at customers

5. Lumicore's Tyler office is not merely a nominal, passive, or paper presence in this District. Rather, it is an active commercial operation through which Lumicore engages in sales, marketing, and post-sale technical support activities for its optical transceiver products, including the Accused Products. Personnel stationed at the Tyler office interact directly with customers located in the Eastern District of Texas

III. LUMICORE'S CUSTOMERS AND COMMERCIAL ACTIVITY IN THE EASTERN DISTRICT

6. Through investigation conducted in connection with this litigation, I have identified at least three customers of Lumicore that maintain facilities within the Eastern District of Texas and that have purchased and deployed the Accused Products at those facilities: (a) Pinnacle Data Systems, LLC operates a data-center facility located at 1800 Judson Road, Longview, Texas 75601. Longview is within the marshall Divisi

7. In addition to the specific customer relationships identified above, Lumicore's public marketing materials and corporate website reference its Texas sales presence and its customer relationships in the data-center and telecommunications sectors. Specifically, Lumicore's website identifies its Tyler, Texas office as a regional sales and support location and highlights the company's relationships with hyperscale and

IV. CONVENIENCE OF WITNESSES AND PARTIES

8. A number of potential witnesses with knowledge relevant to this action are located in or near the Eastern District of Texas, and their attendance at trial and other proceedings would be more conveniently compelled in this District than in the Western District of Texas, Austin Division. These witnesses include, but are not limited to: (a) Lumicore employees at the Tyler, Texas office. Personnel employed at or assoc

9. Plaintiff's local counsel, Whitmore & Callahan LLP, is based in Tyler, Texas, at 110 North College Avenue, Suite 800, Tyler, Texas 75702, within the Eastern District. Our firm's proximity to the marshall Division courthouse and to the Tyler Division courthouse facilitates efficient case management, including attendance at hearings, pretrial conferences, and trial. Notably, Defendant's own local counsel of record i

V. JUDICIAL ECONOMY AND THE EASTERN DISTRICT'S DOCKET

10. The Eastern District of Texas, and the courtroom of Judge James R. Gilstrap in particular, has well-established and widely recognized docket management procedures for patent infringement cases. These procedures include the prompt issuance of scheduling orders, the use of structured claim construction briefing and hearing schedules, and the setting of firm trial dates that promote the efficient resolution of paten

11. Lumicore is headquartered at 9200 Spectrum Boulevard, Building C, Austin, Texas 78759, which is within the Western District of Texas, Austin Division. However, the location of Lumicore's corporate headquarters alone does not override or outweigh the substantial connections that this case has to the Eastern District of Texas. Lumicore is incorporated under the laws of the State of Delaware, not Texas, and therefor

VI. SOURCES OF INFORMATION AND EVIDENCE LOCATED IN THE DISTRICT

12. Physical and documentary evidence relevant to the claims in this action is located within the Eastern District of Texas. Physical evidence of the deployment and use of the Accused Products exists at customer facilities in this District, including but not limited to the Pinnacle Data Systems facility in Longview, Texas; the Frontier Cloud Services facility in marshall, Texas; and the CrossPoint Networking facility

13. Based on my personal knowledge and the investigation I have conducted in connection with this matter, the following facts are established and support the retention of this case in the Eastern District of Texas: (a) Lumicore Technologies, Inc. maintains an active sales and technical support office at 2700 Earl Campbell Parkway, Suite 150, Tyler, Texas 75701, within the Eastern District of Texas, through which it c

VIII. VERIFICATION I declare under penalty of perjury under the laws of the United States of America, pursuant to 28 U.S.C. § 1746, that the foregoing is true and correct to the best of my knowledge, information, and belief. Executed on July 8, 2024, at Tyler, Texas. ________________________________________ James "Jim" Callahan Partner, Whitmore & Callahan LLP 110 North College Avenue, Suite 800 Tyler, Texas 75702 Te

IX. CERTIFICATE OF SERVICE I hereby certify that on July 8, 2024, I caused a true and correct copy of the foregoing Declaration of James "Jim" Callahan in Support of Plaintiff Optiwave Semiconductor Corp.'s Opposition to Defendant's Motion to Transfer Venue to be served on all counsel of record via the Court's CM/ECF electronic filing system, which will send notification of such filing to the following: Catherine "Ka