Contract analysis

I. INTRODUCTION Plaintiff Optiwave Semiconductor Corp. ("OWS") and Defendant Lumicore Technologies, Inc. ("Lumicore") (collectively, the "parties"), by and through their respective undersigned counsel, jointly and respectfully move this Court, pursuant to the Court's Standing Order Regarding Docket Control, for the entry of a Docket Control Order governing the schedule and management of this patent infringement actio

II. NATURE OF THE CASE OWS is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business in San Jose, California. OWS is a fabless semiconductor company specializing in the design and development of silicon photonics chipsets for high-speed data-center interconnect applications. Since its founding in 2008, OWS has been a pioneer in developing advanced photonic i

III. PROPOSED DOCKET CONTROL ORDER SCHEDULE The parties jointly propose the following schedule for the management and resolution of this action. The parties submit that this schedule provides adequate time for each phase of the litigation while maintaining the case on a reasonable path toward trial. A. Patent Local Rules Disclosures and Contentions The following deadlines govern the exchange of initial patent content

IV. ADDITIONAL CASE MANAGEMENT PROVISIONS A. Supplementation of Contentions The parties agree that infringement contentions and invalidity contentions may be supplemented upon a showing of good cause, consistent with the Patent Rules of Practice for the United States District Court for the Eastern District of Texas. The parties further agree that the obligation to supplement contentions is a continuing obligation, an

V. STATEMENT OF GOOD CAUSE The parties submit that the proposed schedule provides adequate time for the orderly development of the factual and legal issues in this complex patent case. The complexity of this action is evidenced by, among other things, the following factors: (a) Four asserted patents. This case involves four separate United States utility patents, each directed to distinct but related aspects of optic

VI. PRAYER FOR RELIEF WHEREFORE, the parties jointly and respectfully request that this Court enter the proposed Docket Control Order attached hereto as Exhibit A, incorporating the deadlines and provisions set forth above, and grant such other and further relief as the Court deems just and proper.

VII. CERTIFICATE OF CONFERENCE The undersigned counsel for Plaintiff Optiwave Semiconductor Corp. and Defendant Lumicore Technologies, Inc. hereby certify that they have met and conferred in good faith regarding the proposed schedule set forth in this Joint Motion and the attached proposed Docket Control Order, and that the foregoing Docket Control Order reflects the agreement of all parties. No party opposes the ent

1. On or before September 16, 2024, Plaintiff shall serve its P.R. 3-1 Infringement Contentions, identifying each asserted claim of each asserted patent, each accused instrumentality, and the specific basis for Plaintiff's allegation of infringement on a claim-by-claim, limitation-by-limitation basis, including any contentions under the doctrine of equivalents, together with all supporting documents and evidence requ

2. On or before October 14, 2024, Defendant shall serve its P.R. 3-3 Invalidity Contentions, identifying each item of prior art upon which Defendant relies for its contentions of invalidity and providing claim charts identifying where in the prior art each limitation of each asserted claim is found, together with all supporting documents and evidence required under the Patent Rules.

3. On or before October 28, 2024, the parties shall jointly prepare and file a Joint Claim Construction Statement identifying all disputed claim terms, each party's proposed construction for each disputed term, any terms upon which the parties agree, and the intrinsic and extrinsic evidence upon which each party relies.

4. On or before November 15, 2024, Plaintiff shall file its Opening Claim Construction Brief, together with any supporting declarations and appendices.

5. On or before December 6, 2024, Defendant shall file its Responsive Claim Construction Brief, together with any supporting declarations and appendices.

6. On or before December 20, 2024, Plaintiff shall file its Reply Claim Construction Brief, together with any supporting declarations and appendices.

7. On or before January 10, 2025, Defendant may file a Sur-Reply Claim Construction Brief, if permitted by leave of Court. Any request for leave to file a sur-reply shall be made by separate motion.

8. On or before January 15, 2025, the parties shall file a final Joint Claim Construction Chart reflecting each party's final proposed constructions for all disputed terms.

9. In February 2025, the parties shall submit Claim Construction Tutorial materials, including tutorial presentations, demonstrative exhibits, and tutorial declarations. The exact date for submission shall be set by the Court by separate order.

10. A Markman Hearing on claim construction shall be held on March 14, 2025, at a time to be designated by the Court.

11. The close of fact discovery shall be May 1, 2025. All fact depositions, responses to written discovery, and document productions shall be completed by this date. Initial Disclosures under Federal Rule of Civil Procedure 26(a)(1) shall be served on or before August 19, 2024. Written discovery may be served beginning August 26, 2024.

12. On or before June 15, 2025, Plaintiff shall serve its opening expert reports on all issues for which Plaintiff bears the burden of proof, including infringement, validity rebuttal, damages, willfulness, and industry background.

13. On or before July 15, 2025, Defendant shall serve its rebuttal expert reports and its opening expert reports on all issues for which Defendant bears the burden of proof, including invalidity, unenforceability, non-infringement rebuttal, and damages rebuttal.

14. The close of expert discovery shall be August 15, 2025. All expert depositions shall be completed by this date.

15. On or before September 15, 2025, the parties shall file any dispositive motions, including motions for summary judgment or partial summary judgment. Responses shall be due on or before October 15, 2025. Replies shall be due on or before November 1, 2025.

16. On or before November 1, 2025, the parties shall file any Daubert motions to exclude expert testimony. Responses shall be due on or before December 1, 2025. Replies shall be due on or before December 15, 2025.

17. In December 2025, the parties shall file Proposed Jury Instructions, Proposed Verdict Forms, Witness Lists, and Exhibit Lists. The exact date shall be set by the Court by separate order.

18. In January 2026, the parties shall file Motions in Limine and Deposition Designation and Counter-Designation Charts. The exact dates shall be set by the Court by separate order.

19. A Pre-Trial Conference shall be held on January 5, 2026, at a time to be designated by the Court.

20. A Jury Trial shall commence on February 2, 2026. The estimated duration of trial is seven (7) to ten (10) days. ADDITIONAL PROVISIONS:

21. Modification of Schedule. The schedule set forth in this Docket Control Order shall not be modified except upon joint motion of the parties demonstrating good cause for the requested modification, or by order of the Court. The parties are reminded that the Court expects strict adherence to the deadlines set forth in this Order and that extensions will be granted only in exceptional circumstances.

22. Protective Order. The parties shall submit a jointly proposed Stipulated Protective Order for entry by the Court on or before August 19, 2024. 23. discovery Disputes. All discovery disputes shall be presented first through a good-faith meet-and-confer between counsel. If the parties are unable to resolve a discovery dispute through meet-and-confer, the aggrieved party shall submit a joint letter to the Court, not

24. Joint Status Reports. The parties shall confer and provide joint status reports as directed by the Court. The first joint status report shall be due on a date to be set by the Court. Joint status reports shall address, at a minimum, the status of discovery, any outstanding disputes, the status of any settlement discussions (without disclosing the substance of such discussions), and any other matters that the part

25. Supplementation of Contentions. Infringement contentions and invalidity contentions may be supplemented upon a showing of good cause, consistent with the Patent Rules of Practice for the Eastern District of Texas.

26. Compliance with Local Rules and Standing Orders. All proceedings in this case shall comply with the Local Rules of the Eastern District of Texas, the Patent Rules of Practice, and the Court's Standing Orders, except as modified by this Docket Control Order. SO ORDERED this _ day of ____, 2024. ________________________________________ HONORABLE JAMES R. GILSTRAP UNITED STATES DISTRICT JUDGE OPTIWAVE SEMICONDUCTOR