FR EA

Contract analysis

Clause-by-clause risk read on any document of the firm. Pick a contract, or open any document from a matter.

Contract analysis / engagement-scope-amendment-letter.docx
engagement-scope-amendment-letter.docx
1014-00005 · 8 clauses
High · 0 Medium · 3 Standard · 2
1. Purpose and Reference to Original Engagement
1. Purpose and Reference to Original Engagement This letter amends and supplements the engagement letter dated February 10, 2022 (the "Original Engagement Letter"), executed by Calderwood & Harkness LLP ("C&H") and countersigned by Marcus Whitfield, General Counsel of Optiwave Semiconductor Corp. ("OWS" or the "Company"), pursuant to which C&H was retained as outside intellectual property counsel to OWS for patent pr
2. Description of Sub-Family C Applications Medium
⚑ Assignment / subcontracting
2. Description of Sub-Family C Applications 2.1 Overview. Sub-Family C covers innovations in packaging and thermal management for OWS's next-generation silicon-photonics modulator architecture. These inventions are closely related to, and complement, the core modulator architecture inventions covered by Sub-Family A and the electrode fabrication process inventions covered by Sub-Family B. Specifically, the Sub-Family
3. Scope of Amended Representation
3. Scope of Amended Representation C&H's representation with respect to Sub-Family C will encompass the same categories of patent prosecution services as set forth in Section 3 of the Original Engagement Letter for Sub-Families A and B. For the avoidance of doubt, the scope of representation for the Sub-Family C applications includes, without limitation, the following: (a) Preparation, Filing, and Prosecution of U.S.
4. Engagement Team Standard
⚑ Commercial term
4. Engagement Team The C&H engagement team for the expanded scope remains as designated in Section 4 of the Original Engagement Letter. The following individuals will be principally responsible for the prosecution of the Sub-Family C applications: • Catherine Bloom — Responsible Partner, intellectual Property Group (USPTO Registration No. 58,412). Ms. Bloom serves as the relationship partner for the OWS engagement an
5. Fee Arrangements Standard
⚑ Commercial term
5. Fee Arrangements All fee terms set forth in Section 5 of the Original Engagement Letter dated February 10, 2022 shall continue to apply to the expanded scope of representation encompassed by this amendment letter, without modification. For reference, the applicable standard hourly rates and discounted rates for the 2023 calendar year are as set forth below. Standard Hourly Rates (2023): The ten percent (10%) volum
6. Client Contacts and Communication Protocol Medium
⚑ Confidentiality undertaking
6. Client Contacts and Communication Protocol The primary client contact for the expanded engagement, including all matters relating to the Sub-Family C applications, shall be: Sandra Koh IP Manager / In-House Patent Counsel Optiwave Semiconductor Corp. 4710 Ridgeview Parkway, Suite 300 Santa Clara, CA 95054 The following additional contacts may be consulted as needed in connection with the engagement: • Marcus Whitf
7. Conflict of Interest Confirmation
7. Conflict of Interest Confirmation C&H confirms that it has conducted the requisite conflict-of-interest analysis in connection with the expansion of the engagement scope to include the Sub-Family C applications. Based on this analysis, C&H confirms that the expansion of scope to Sub-Family C does not raise any new conflict-of-interest issues beyond those that were previously cleared and disclosed in connection wit
8. General Terms Medium
⚑ Forum / governing law
8. General Terms All other terms and conditions of the Original Engagement Letter dated February 10, 2022, including without limitation provisions regarding confidentiality obligations, document retention and destruction policies, governing law (California), dispute resolution, professional liability limitations, and termination of the engagement, remain in full force and effect and are incorporated herein by referen