Contract analysis

1. Purpose and Context Calderwood & Harkness LLP ("C&H") writes on behalf of its client, Optiwave Semiconductor Corp. ("OWS"), a Delaware corporation headquartered at 4710 Ridgeview Parkway, Suite 300, Santa Clara, California 95054, in connection with the two above-referenced Japanese national-phase patent applications currently being handled by Nakashima & Togawa Patent Professional Corporation ("N&T") as foreign as

2. Identification of the Applications For clarity and to ensure that our respective records are aligned, we set forth below the identifying details of each application subject to this hold instruction. 2.1 Application No. JP 2024-542197 (Sub-Family B4) JP 2024-542197 is a Japanese national-phase application that entered the national phase before the JPO on July 3, 2023. This application is derived from international

3. Instructions — Hold on Examination Requests Effective immediately upon receipt of this letter, N&T is instructed as follows: (a) Examination Requests. N&T shall not file a request for examination (shutsugan shinsa no seikyū) with the JPO for either JP 2024-542197 or JP 2024-542305 until N&T receives express written authorization to proceed from C&H or from OWS's in-house IP counsel, Sandra Koh. Verbal or informal

4. Statutory Deadline Confirmation — Examination Request Under Article 48-3 of the Japanese Patent Law (Tokkyo-hō), the deadline for filing a request for examination is three (3) years from the international filing date of the PCT application from which each national-phase application derives. If a request for examination is not filed within this three-year period, the application is deemed to have been withdrawn. Bo

5. Ongoing Monitoring and Communication Obligations While the hold on examination request filings is in effect, N&T should continue to monitor both JP 2024-542197 and JP 2024-542305 for any communications, notifications, or official actions issued by the JPO. We understand that, in the ordinary course, applications awaiting examination requests typically do not generate significant JPO correspondence; however, we wis

6. Contact Information During the Hold Period All communications from N&T regarding JP 2024-542197 and JP 2024-542305 during the hold period should be directed to the following individuals: Primary Contact at C&H: Peter Vassiliev Working Associate, intellectual Property Group Calderwood & Harkness LLP 555 California Street, 42nd Floor San Francisco, California 94104 Email: p.vassiliev@calderwoodharkness.com Direct Te

7. Anticipated Timeline for Resolution OWS currently anticipates that the budgetary constraints imposed by Veltrano Capital Partners will be reviewed by its equity sponsor as part of Veltrano's regularly scheduled portfolio assessment process, which OWS understands is expected to take place in the first half of 2024. While OWS cannot provide a definitive date at this time for the lifting of the hold, C&H expects to b

8. Confirmation Request We respectfully request that N&T provide the following confirmations in writing at its earliest convenience: (a) Confirmation of receipt of this letter and acknowledgment of the hold instructions contained herein, including the specific instructions set forth in Section 3; (b) Written confirmation that N&T's independent calculation of the statutory deadline for filing a request for examination

9. Fees and Billing Any fees or costs incurred by N&T in connection with the routine monitoring and maintenance of JP 2024-542197 and JP 2024-542305 during the hold period — including professional fees for docket monitoring, any mandatory government fees or annuities, and associated disbursements — should be invoiced to C&H at the following address: Calderwood & Harkness LLP Attn: Accounts Payable — IP Billing 555 Ca