Contract analysis

1. Purpose of Correspondence Calderwood & Harkness LLP ("C&H") serves as outside patent counsel to Optiwave Semiconductor Corp. ("OWS" or the "Client") in connection with the above-referenced European patent application, EP 23 741 682.3 (hereinafter "B3"), and related matters within the OWS international patent portfolio. We appreciate the excellent and professional representation that Breitenfeld & Vogt Patentanwält

2. Acknowledgment of EESR Receipt We have been informed, through our internal docketing system and through communication with the Client's in-house patent counsel, that the EPO issued the Extended European Search Report for EP 23 741 682.3 on or about November 17, 2023. This is consistent with the expected timeline given the July 2023 regional phase entry date and the prior completion of the international search duri

3. Response Deadline Confirmation As you know, the procedural framework governing the applicant's response to the EESR in the context of a Euro-PCT application that has entered the European regional phase is set forth in Rule 70a EPC, read in conjunction with Rules 161 and 162 EPC and the relevant provisions of the Implementing Regulations. Specifically, Rule 70a(1) EPC provides that where the European Patent Office

4. Current Docket Status and Budget Constraints We wish to advise you of certain administrative developments that may affect the timing and scope of prosecution activities on the OWS European patent applications in the near term. The Client has recently implemented a temporary budget-reduction program affecting discretionary intellectual property expenditures across its patent portfolio. This program has been adopted

5. Related European Application C2 For completeness, and because we are writing to you regarding the OWS European docket generally, we wish to address the status of the related European patent application, EP 23 765 901.7, which we refer to internally as "C2." As you are aware, C2 pertains to Sub-Family C of the OWS silicon-photonic modulator patent portfolio, covering packaging and thermal management aspects of the

6. Specific Requests and Action Items To summarize the foregoing, we respectfully request that B&V take the following actions and provide the following information at your earliest convenience:

1. Confirm receipt of the EESR. Please confirm that B&V has received the Extended European Search Report for EP 23 741 682.3 (B3), dated November 17, 2023, from the European Patent Office.

2. Transmit the EESR and supporting documents. Please transmit to C&H a complete copy of the EESR, including the accompanying search opinion (written opinion under Rule 62 EPC), all cited prior art references, and any other related EPO correspondence, via both postal mail and electronic mail as described in Section 2 above.

3. Confirm the response deadline. Please independently verify and confirm the deadline for filing a response to the EESR under Rule 70a EPC. Our preliminary calculation yields a deadline of approximately May 27, 2024. Please advise if B&V's calculation differs in any respect, and provide the basis for any discrepancy.

4. Provide preliminary observations on the EESR. To the extent B&V has had the opportunity to review the EESR and search opinion, please provide any preliminary observations regarding the examiner's findings, the relevance and materiality of the cited prior art references, and the likely scope and complexity of the response that will be required. We understand that a detailed analysis will follow once C&H has had the

5. Confirm status of C2. Please confirm the current procedural status of EP 23 765 901.7 (C2), including whether any communications have been received from the EPO since September 2023, and provide B&V's estimate of the expected timing for issuance of the EESR for C2.

6. Provide updated fee estimate for B3 response. Please provide an updated fee estimate for B&V's preparation and filing of the response to the EESR for B3 (EP 23 741 682.3). For reference, the prior estimate provided by B&V for this phase of prosecution was in the range of approximately €3,500 to €5,000 for B&V's professional fees, depending on the complexity of the examiner's objections and the extent of claim amen

7. Continue deadline monitoring and provide advance reminders. Please continue to independently monitor all applicable deadlines for B3 and C2 in B&V's docketing system, and provide advance reminders to C&H at the intervals specified in Section 4 above (six months, three months, and one month prior to each deadline). We would appreciate B&V's response to the foregoing requests within approximately ten (10) business d

7. Contact Information and Communication Preferences For your reference, the primary C&H contacts for all matters relating to the OWS European patent applications are as follows: Primary Contact: Peter Vassiliev Working Associate, intellectual Property Group Calderwood & Harkness LLP 555 California Street, 42nd Floor San Francisco, CA 94104 Email: pvassiliev@calderwoodharkness.com Telephone: (415) 773-6128 Direct Fac

8. Client and Billing Information All invoices for B&V's professional services and any disbursements incurred in connection with EP 23 741 682.3 (B3) and EP 23 765 901.7 (C2) should continue to be directed to the attention of Peter Vassiliev at Calderwood & Harkness LLP at the address set forth above. C&H coordinates all foreign associate billing with the Client and will process B&V's invoices in the ordinary course