Contract analysis

I. (a) PLAINTIFFS Optiwave Semiconductor Corp. 4810 Bayside Technology Parkway, Suite 300 Santa Clara, CA 95054 County of Residence of First Listed Plaintiff: Santa Clara County, California (EXCEPT IN U.S. PLAINTIFF CASES) State of Incorporation (For Diversity Cases Only): Delaware NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

I. (b) DEFENDANTS Lumicore Technologies, Inc. 9200 Spectrum Boulevard, Building C Austin, TX 78759 County of Residence of First Listed Defendant: Travis County, Texas (IN U.S. PLAINTIFF CASES ONLY) State of Incorporation (For Diversity Cases Only): Delaware NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

I. (c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) Attorneys for Plaintiff: Alan Ngo (admitted pro hac vice, E.D. Tex.; California State Bar No. 287614) Calderwood & Harkness LLP 350 South Grand Avenue, 48th Floor Los Angeles, CA 90071 Telephone: (213) 443-7200 Facsimile: (213) 443-7201 Email: ango@calderwoodharkness.com James "Jim" Callahan (Texas State Bar No. 03851249) Whitmore & Callahan LLP 110 North Co

II. BASIS OF JURISDICTION (Place an "X" in One Box Only) Selection: 3. Federal Question (U.S. Government Not a Party) Jurisdiction arises under 28 U.S.C. § 1331 (federal question) and 28 U.S.C. § 1338(a) (original jurisdiction over civil actions arising under any Act of Congress relating to patents). The claims in this action are brought under the Patent Act, 35 U.S.C. §§ 271, 281, 283, 284, and 285, and therefore pr

III. CITIZENSHIP OF PRINCIPAL PARTIES (For Diversity Cases Only — Place an "X" in One box for Plaintiff and One box for Defendant) This section is formally inapplicable as jurisdiction is based on Federal Question (Box 3), not Diversity of Citizenship (Box 4). The following information is provided solely for completeness and for the convenience of the Clerk of Court. For informational purposes only: • Plaintiff Optiw

IV. NATURE OF SUIT (Place an "X" in One Box Only) Click on the Nature of Suit Code description for a more detailed definition. Full listing of available Nature of Suit codes provided below for reference; only the applicable code is marked. CONTRACT. REAL PROPERTY. TORTS — PERSONAL INJURY TORTS — PERSONAL PROPERTY FORFEITURE/PENALTY. BANKRUPTCY. PROPERTY RIGHTS. LABOR. SOCIAL SECURITY. FEDERAL TAX SUITS IMMIGRATION. O

V. ORIGIN (Place an "X" in One Box Only) This action is an original proceeding. The Complaint was filed for the first time in this Court. This action has not been previously filed in any other federal or state court, nor has it been removed, remanded, reinstated, reopened, or transferred from another district. This action is not part of any multidistrict litigation proceeding.

VI. CAUSE OF ACTION (a) Cite the U.S. Civil Statute Under Which You Are Filing: 35 U.S.C. § 271 (Patent Infringement) 35 U.S.C. § 281 (Remedy for Infringement of Patent) 35 U.S.C. § 283 (Injunction) 35 U.S.C. § 284 (Damages) 35 U.S.C. § 285 (Attorney Fees — Exceptional Cases) (b) Brief Description of Cause: Patent infringement action. Plaintiff Optiwave Semiconductor Corp. alleges that Defendant Lumicore Technologies

VII. REQUESTED IN COMPLAINT (a) Check if This Is a Class Action Under Rule 23, F.R.Cv.P. CLASS ACTION — Not applicable. This action is not brought as a class action under Federal Rule of Civil Procedure 23. (b) DEMAND. $210,000,000.00 (Two Hundred Ten Million Dollars) The demand amount comprises lost profits attributable to Defendant's infringing sales, a reasonable royalty for infringing uses not captured by lost pr

VIII. RELATED CASE(S) IF ANY (See instructions) Plaintiff is not aware of any related cases previously filed in this district or in any other federal court that would require assignment to the same judge or coordination under the related-case rules of this Court. A diligent search of the records of this Court and PACER has been conducted, and no related pending or previously terminated actions have been identified in

IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3.2 — Place one "X" in the appropriate box) marshall Division Basis for Assignment to the marshall Division: Defendant Lumicore Technologies, Inc. maintains a regular and established place of business within the Eastern District of Texas, including a sales office and technical support center located at 2700 Earl Campbell Parkway, Suite 150, Tyler, Texas 75701. This facility

X. SIGNATURE OF ATTORNEY OF RECORD /s/ Alan Ngo Alan Ngo (California State Bar No. 287614) Admitted pro hac vice, Eastern District of Texas CALDERWOOD & HARKNESS LLP 350 South Grand Avenue, 48th Floor Los Angeles, CA 90071 Telephone: (213) 443-7200 Facsimile: (213) 443-7201 Email: ango@calderwoodharkness.com Attorney for Plaintiff Optiwave Semiconductor Corp. Date: April 22, 2024 James "Jim" Callahan (Texas State Bar

XI. SUPPLEMENTAL INFORMATION (For Use by the Clerk of Court Only)

XII. INSTRUCTIONS FOR ATTORNEYS (Appearing on reverse side of form — provided here for reference) AUTHORITY FOR CIVIL COVER SHEET. The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in Septem

I. PLAINTIFFS AND DEFENDANTS. Enter the full name of the first-listed plaintiff and the first-listed defendant. If the plaintiff or defendant is the United States Government, enter "United States of America" as the party name. For cases involving multiple plaintiffs or defendants, list only the first named plaintiff and first named defendant. The names of additional parties should appear in the caption of the complai

II. BASIS OF JURISDICTION. Check the appropriate box. If jurisdiction is based on diversity of citizenship under 28 U.S.C. § 1332, also complete Section III. For cases in which the United States is a party, check box 1 (U.S. plaintiff) or box 2 (U.S. defendant), as appropriate. Federal question jurisdiction under 28 U.S.C. § 1331 should be indicated in box 3. Diversity jurisdiction under 28 U.S.C. § 1332 should be in

III. CITIZENSHIP OF PRINCIPAL PARTIES. This section is to be completed only if diversity jurisdiction (Box 4) is checked in Section II. Mark one box for the plaintiff and one for the defendant to indicate citizenship. For corporations, the state of incorporation and the state of the principal place of business determine citizenship. A corporation is deemed a citizen of every state by which it has been incorporated an

IV. NATURE OF SUIT. Place an "X" in the one box that best represents the nature of the suit. Refer to the Nature of Suit Code Descriptions contained in the guide issued by the Administrative Office of the United States Courts for a detailed description of each code. Use only a single code. Do not check more than one box.

V. ORIGIN. Place an "X" in the one box that describes the origin of this case. An "Original Proceeding" (Box 1) is a case that originates in the federal court. A case "Removed from State Court" (Box 2) is one that was commenced in state court and removed to federal court under 28 U.S.C. § 1441. "Remanded from Appellate Court" (Box 3) is used for cases remanded to the district court for further action. "Reinstated or

VI. CAUSE OF ACTION. Cite the U.S. civil statute under which you are filing and provide a brief description of the cause of action. The description should be concise but sufficiently detailed to permit the Clerk to assign the appropriate Nature of Suit code and to facilitate docket management. Do not cite jurisdictional statutes unless diversity is the sole basis for jurisdiction.

VII. REQUESTED IN COMPLAINT. Class Action: Check this box if the complaint is filed as a class action under Rule 23, F.R.Cv.P. Demand: Enter the dollar amount demanded in the complaint (if any). Jury Demand: Check the appropriate box to indicate whether a jury trial is demanded in the complaint.

VIII. RELATED CASE(S). A related case is one that involves the same parties, the same property, or the same facts and issues as a pending or previously terminated action in this court. If a related case exists, provide the docket number and the name of the judge to whom the related case was assigned. Consult the Local Rules for the definition of "related case" in this district.

IX. DIVISIONAL ASSIGNMENT. Pursuant to Civil Local Rule 3.2 of the Eastern District of Texas, indicate the division in which the case should be assigned. The selection should be based on the county in which the events or omissions giving rise to the claim occurred, where the defendant resides, or where the defendant has a regular and established place of business, as applicable. IMPORTANT REMINDER. The civil cover sh

1. U.S. Government Plaintiff | 3. Federal Question (U.S. Government Not a Party)

2. U.S. Government Defendant | 4. Diversity (Indicate Citizenship of Parties in Item III) PTF | DEF | PTF | DEF Citizen of This State | 1 | 1 | Incorporated or Principal Place of Business in This State | 4 | 4 Citizen of Another State | 2 | 2 | Incorporated and Principal Place of Business in Another State | 5 | 5 Citizen or Subject of a Foreign Country | 3 | 3 | Foreign Nation | 6 | 6 Code | Description | Selected 11

1. Original Proceeding | 5. Transferred from Another District (specify):

2. Removed from State Court | 6. Multidistrict Litigation — Transfer

3. Remanded from Appellate Court | 8. Multidistrict Litigation — Direct File

4. Reinstated or Reopened Field | Entry Judge: | None Docket Number: | None Field | Entry Case Number Assigned: | 2:24-cv-00319-JRG Presiding Judge Assigned: | The Honorable James R. Gilstrap, United States District Judge Magistrate Judge Assigned: | To be determined upon consent or referral Filing Fee: | Paid — $402.00 received via Pay.gov, Receipt No. TXED-2024-041782 Associated Docket Entry: | D.E. 2 (Civil Cover