Contract analysis

I. Caption and Docket Information This Proof of Service is filed in the matter of Optiwave Semiconductor Corp. v. Lumicore Technologies, Inc., Case Number 2:24-cv-00319-JRG, currently pending before the Honorable Judge James R. Gilstrap in the United States District Court for the Eastern District of Texas, marshall Division. This Proof of Service is submitted as Docket Entry No. 20 and relates to the following docket

II. Affidavit / Declaration of Process Server DECLARATION OF DEREK M. HOLLOWAY IN SUPPORT OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT A. Identification of Process Server / Declarant I, Derek M. Holloway, hereby declare as follows:

1. My name is Derek M. Holloway. I am a Certified Process Server duly licensed in the State of Delaware, holding Delaware Process Server License No. DE-PS-2021-04837. I am employed by Atlas Legal Process Services, LLC, a professional process serving agency with offices located at 1420 King Street, Suite 210, Wilmington, Delaware 19801.

2. I am over the age of eighteen (18) years and am not a party to the above-captioned action. I have no interest in the outcome of this litigation, financial or otherwise. I am competent to testify to the matters set forth herein based upon my personal knowledge.

3. I was retained by Calderwood & Harkness LLP, counsel for Plaintiff Optiwave Semiconductor Corp., to effectuate service of the Summons and Original Complaint, together with all accompanying exhibits and the Civil Cover Sheet, upon Defendant Lumicore Technologies, Inc. in connection with the above-captioned action. B. Statutory Basis

4. This declaration is made under penalty of perjury pursuant to 28 U.S.C. § 1746, which permits the use of an unsworn declaration in lieu of a sworn affidavit in proceedings before courts of the United States.

5. Service of the Summons and Original Complaint upon Defendant Lumicore Technologies, Inc. was made in accordance with Federal Rule of Civil Procedure 4(h)(1)(B), which authorizes service upon a domestic corporation by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process and — if the agen

6. Service was further made in compliance with the laws of the State of Delaware governing service upon a registered agent of a corporation, specifically 10 Del. C. § 3104, which provides for service upon any corporation by delivering a copy of the process to the registered agent of the corporation within the State of Delaware. Lumicore Technologies, Inc. is a corporation organized under the laws of the State of Dela

III. Description of Documents Served

7. On May 1, 2024, I personally served the following documents, each of which constituted a true and correct copy, upon Defendant Lumicore Technologies, Inc. through its designated registered agent: (a) Summons — A true and correct copy of the Summons issued by the Clerk of the United States District Court for the Eastern District of Texas on April 25, 2024, bearing the Court's official seal and the Clerk's signature

8. All of the foregoing documents were complete and unaltered at the time of service. The documents were compiled, organized, and delivered as a single packet to the individual identified in Section IV below.

IV. Details of Service A. Entity Served

9. Service was directed to and effectuated upon the following entity: Entity Name: Lumicore Technologies, Inc. Entity Type: Corporation State of Incorporation: Delaware Principal Place of Business / Headquarters: 9200 Spectrum Boulevard, Building C, Austin, Texas 78759 B. Person / Agent Served

10. Because Lumicore Technologies, Inc. is a corporation organized under the laws of the State of Delaware, service was properly made upon Lumicore's designated registered agent in the State of Delaware. The registered agent information, as reflected in the records of the Delaware Division of Corporations on file with the Delaware Secretary of State, is as follows: Registered Agent Name: National Agent Services Corp.

11. Upon my arrival at the registered agent's office, I presented the documents to Patricia R. Langford, an Authorized Representative of National Agent Services Corp. Ms. Langford identified herself as a duly authorized representative of National Agent Services Corp. with full authority to accept service of process on behalf of entities for which National Agent Services Corp. serves as registered agent, including Def

12. Service was effectuated on May 1, 2024, at approximately 10:47 a.m. Eastern Daylight Time (EDT). D. Manner of Service

13. I personally appeared at the office of National Agent Services Corp. located at 850 New Burton Road, Suite 201, Dover, Delaware 19904. Upon my arrival, I identified myself as a Certified Process Server acting on behalf of Plaintiff Optiwave Semiconductor Corp. and stated my purpose of delivering legal process directed to Lumicore Technologies, Inc.

14. I personally delivered by hand true and correct copies of the Summons, the Original Complaint, Exhibits A through D (certified copies of United States Patent Nos. 10,234,847; 10,891,193; 9,678,562; and 11,402,015), and the Civil Cover Sheet (Form JS-44) to Patricia R. Langford at the registered agent's office. The documents were physically placed in her hands, and she accepted them voluntarily and without objecti

15. Upon receipt of the documents, Patricia R. Langford acknowledged service and confirmed her authorization to accept service of process on behalf of Lumicore Technologies, Inc. in her capacity as an Authorized Representative of National Agent Services Corp., the entity designated as Lumicore Technologies, Inc.'s registered agent for service of process in the State of Delaware. Ms. Langford stated that she would for

16. Prior to tendering the documents, I confirmed the identity of Patricia R. Langford and verified her authority to accept service of process. Specifically, I requested and reviewed her corporate identification badge issued by National Agent Services Corp. The identification badge bore her name, photograph, title (Authorized Representative), and employee identification number. Based upon my review of this identifica

V. Declaration Under Penalty of Perjury

17. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. This declaration is executed in accordance with 28 U.S.C. § 1746. Executed at Wilmington, Delaware, on this 1st day of May, 2024.

VI. Signature block — Process Server ________________________________________ Derek M. Holloway Certified Process Server Delaware Process Server License No.: DE-PS-2021-04837 Atlas Legal Process Services, LLC 1420 King Street, Suite 210 Wilmington, Delaware 19801 Telephone: (302) 555-0184

VII. Certificate of Filing A. Attorney Filing the Proof of Service This Proof of Service, together with the Declaration of Derek M. Holloway, is filed by and through the undersigned counsel for Plaintiff Optiwave Semiconductor Corp. Law Firm: Calderwood & Harkness LLP Filing Attorney: Alan Ngo, Partner (Intellectual Property Litigation) Bar Admissions: Member, State Bar of California; admitted pro hac vice in the Eas

VIII. Signature block — Attorney of Record Respectfully submitted, CALDERWOOD & HARKNESS LLP By: ________ Alan Ngo Partner 350 South Grand Avenue, 48th Floor Los Angeles, California 90071 Telephone: (213) 555-7800 Facsimile: (213) 555-7801 Email: ango@calderwoodharkness.com Attorneys for Plaintiff Optiwave Semiconductor Corp. WHITMORE & CALLAHAN LLP By: ________ James "Jim" Callahan 110 North College Avenue, Suite 80

IX. Certificate of Service CERTIFICATE OF SERVICE I hereby certify that on May 3, 2024, a true and correct copy of the foregoing Proof of Service of Summons and Complaint, including the Declaration of Derek M. Holloway, was served upon all counsel of record via the Court's CM/ECF electronic notification system, which system will send a Notice of Electronic Filing to the following registered participants: Catherine "K