1014-00003 · Optiwave Semiconductor Corp · Pleadings

complaint-patent-infringement.docx DOCUMENT Litigation

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Plaintiff Optiwave Semiconductor Corp. ("OWS" or "Plaintiff"), by and through its undersigned attorneys, Calderwood & Harkness LLP, hereby files this Complaint for Patent Infringement against Defendant Lumos Photonics, Inc. ("Lumos" or "Defendant"), and alleges as follows:

I. NATURE OF THE ACTION

1. This is an action for patent infringement under 35 U.S.C. § 271 brought by Optiwave Semiconductor Corp. ("OWS" or "Plaintiff") against Lumos Photonics, Inc. ("Lumos" or "Defendant"). OWS brings this action to protect its intellectual property rights in patented silicon photonics technologies that it has developed through years of research, innovation, and substantial investment.

2. OWS seeks damages, enhanced damages for willful infringement, injunctive relief, attorneys' fees, and costs arising from Lumos's infringement of four United States patents: U.S. Patent No. 10,234,567 ("the '567 Patent"); U.S. Patent No. 10,891,234 ("the '234 Patent"); U.S. Patent No. 11,045,678 ("the '678 Patent"); and U.S. Patent No. 11,312,890 ("the '890 Patent") (collectively, the "Patents-in-Suit"). Each of the Patents-in-Suit is duly issued by the United States Patent and Trademark Office ("USPTO") and is currently in full force and effect.

3. Lumos has infringed and continues to infringe the Patents-in-Suit through the manufacture, use, sale, offer for sale, and importation of its LumosBridge™ 800G Optical Engine and LumosEdge™ 400ZR+ Pluggable Transceiver products (the "Accused Products"). On information and belief, Lumos's infringement has been willful and deliberate, and Lumos has continued its infringing activities despite receiving actual notice of OWS's patent rights.

II. THE PARTIES

A. Plaintiff Optiwave Semiconductor Corp.

4. Optiwave Semiconductor Corp. is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 2775 Augustine Drive, Suite 400, San Jose, California 95054. OWS's headquarters are located within this judicial district.

5. OWS is a fabless semiconductor design company specializing in silicon photonics integrated circuits for data center interconnects and telecommunications applications. OWS was founded in 2014 and has since established itself as a leading innovator in the field of silicon photonics, developing highly integrated optical transceiver chipsets and photonic integrated circuits that enable the next generation of high-bandwidth data center interconnects.

6. OWS's key products include the OWS-400ZR and OWS-800LR coherent optical transceiver chipsets and integrated silicon photonics engines for co-packaged optics. These products are deployed by major hyperscale cloud service providers, telecommunications carriers, and enterprise networking customers worldwide to support the rapidly growing demand for data center bandwidth.

7. OWS's silicon photonics chips are fabricated by Pinnacle Semiconductor Foundry Co., Ltd. ("Pinnacle") on Pinnacle's 45nm silicon-on-insulator (SOI) process. OWS maintains a close foundry relationship with Pinnacle that enables it to leverage advanced process technologies while focusing its internal resources on design innovation, architectural development, and intellectual property creation.

8. OWS generated revenue of approximately $187.4 million in fiscal year 2022 and employs approximately 620 people, including over 350 engineers across its design, verification, applications, and systems engineering teams. OWS has experienced significant revenue growth as the demand for silicon photonics solutions in data center applications has accelerated.

9. OWS owns a robust portfolio of 87 issued U.S. utility patents and 14 pending applications concentrated in waveguide coupling, germanium-on-silicon photodetectors, and modulator driver architectures. OWS has invested tens of millions of dollars in research and development to build this patent portfolio, which reflects core innovations that underpin the company's commercial products and represent fundamental advances in the field of silicon photonics.

10. OWS is the owner by assignment of all right, title, and interest in the Patents-in-Suit. OWS possesses the right and standing to bring this action and to recover for past and future infringement of the Patents-in-Suit.

B. Defendant Lumos Photonics, Inc.

11. Lumos Photonics, Inc. is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 9400 McNeil Drive, Building 7, Austin, Texas 78758.

12. Lumos is an integrated device manufacturer (IDM) of silicon photonics components for hyperscale data centers. Lumos was founded in 2016 and designs, fabricates, packages, and sells silicon photonics-based optical transceivers and co-packaged optics engines to hyperscale cloud service providers, colocation operators, and telecommunications carriers.

13. Lumos is publicly traded on the Nasdaq stock exchange under the ticker symbol "LMPH" since its initial public offering in 2021. As of the filing of this Complaint, Lumos has an approximate market capitalization of $1.87 billion. Lumos has publicly touted its silicon photonics technology and its competitive position in the high-speed optical transceiver market in its SEC filings, earnings calls, and marketing materials.

14. Lumos generated revenue of approximately $312.8 million in fiscal year 2022 and employs approximately 1,450 people. Lumos is a significant competitor to OWS in the silicon photonics market for data center interconnect applications.

15. Lumos maintains a fabrication facility at 3200 NE Shute Road, Hillsboro, Oregon 97124. On information and belief, the Accused Products are manufactured, at least in part, at this facility using silicon photonics fabrication processes that incorporate the patented technologies of the Patents-in-Suit.

16. Lumos maintains a sales office and engineering center at 4750 Great America Parkway, Suite 320, Santa Clara, California 95054, within this judicial district. On information and belief, Lumos employs sales personnel, field applications engineers, and design engineers at this location, and Lumos uses this facility to engage with customers, demonstrate products, provide technical support, and conduct engineering activities related to the Accused Products.

17. James "Jim" Harrelson serves as Lumos's Chief Executive Officer. Dr. Mei-Lin Chen serves as its Chief Technology Officer. Richard Talbot serves as its General Counsel. On information and belief, each of these individuals has knowledge of Lumos's silicon photonics technology and the Accused Products.

III. JURISDICTION AND VENUE

18. This Court has subject matter jurisdiction over this action under 28 U.S.C. §§ 1331 and 1338(a) because this action arises under the patent laws of the United States, 35 U.S.C. § 1 et seq. This Court has authority to award the relief sought herein, including damages, injunctive relief, attorneys' fees, and costs.

19. This Court has personal jurisdiction over Lumos. Lumos is registered to do business in California and maintains a continuous and systematic presence in this State. Lumos maintains permanent employees in Santa Clara, California. Lumos maintains a sales office and engineering center at 4750 Great America Parkway, Suite 320, Santa Clara, California 95054. On information and belief, Lumos generates approximately 22% of its U.S. revenue from customers located in the Northern District of California, including major hyperscale data center operators headquartered in this District. Lumos has committed acts of infringement in this District, including by making, using, selling, and/or offering to sell the Accused Products to hyperscale data center customers headquartered in this District. Lumos has purposefully directed its business activities toward residents of this District, has established minimum contacts with this District sufficient to satisfy the requirements of due process, and the exercise of personal jurisdiction over Lumos would not offend traditional notions of fair play and substantial justice.

20. Venue is proper in this judicial district under 28 U.S.C. § 1400(b). Lumos has a regular and established place of business in this District at its Santa Clara office located at 4750 Great America Parkway, Suite 320, Santa Clara, California 95054. On information and belief, this office is staffed by Lumos employees on a permanent basis, is held out to the public as a Lumos facility, and is used to conduct Lumos's business, including the sale and marketing of the Accused Products. Lumos has committed acts of infringement in this District, including the sale and offer for sale of the Accused Products to customers in this District.

IV. BACKGROUND FACTS

A. OWS's Innovation in Silicon Photonics

21. OWS is a pioneer in silicon photonics technology, having developed foundational innovations in the design and integration of optical components on silicon substrates. OWS was co-founded in 2014 by Dr. Priya Ramanathan and Dr. Kevin Fong. Dr. Ramanathan serves as OWS's Chief Executive Officer and holds a Ph.D. in Electrical Engineering with a specialization in photonics from Stanford University, where her doctoral research focused on integrated silicon photonic circuits for high-speed data communications. Dr. Fong serves as OWS's Chief Technology Officer and was formerly a principal engineer at a major semiconductor foundry, where he led the development of silicon photonics process modules and germanium epitaxial growth techniques. Together, Dr. Ramanathan and Dr. Fong assembled a world-class team of engineers and scientists dedicated to advancing the state of the art in silicon photonics for data center and telecommunications applications.

22. Since its founding, OWS has invested heavily in research and development, dedicating approximately 28% of its annual revenue to R&D activities. Through these sustained investments, OWS has built an extensive patent portfolio of 87 issued U.S. utility patents and 14 pending applications covering fundamental aspects of silicon photonics technology. OWS's patent portfolio reflects the depth and breadth of its technical contributions to the field and represents a significant competitive asset that OWS actively manages and enforces.

23. The Patents-in-Suit represent core innovations in waveguide coupling, photodetector architectures, wavelength-division multiplexing integration, and modulator driver circuits—foundational technologies for high-speed optical transceivers used in data center interconnects. These patented technologies address critical challenges in the design and manufacture of silicon photonics devices, including efficient fiber-to-chip optical coupling, high-responsivity photodetection with reduced defect density, high-bandwidth-density multi-channel optical signal processing, and high-speed modulation with preserved signal integrity. Each of the Patents-in-Suit emerged directly from OWS's intensive research and development efforts and reflects innovations that provide significant performance advantages in the competitive market for optical transceiver components.

B. Lumos's Infringing Products

24. Lumos manufactures and sells the LumosBridge™ 800G Optical Engine, a co-packaged optics engine designed for hyperscale data center switches. The LumosBridge is a silicon photonics-based optical engine that integrates multiple optical channels onto a single silicon die, enabling 800 Gbps aggregate data rates for next-generation switch ASICs. On information and belief, the LumosBridge was first shipped to customers in Q1 2022, with a unit price range of approximately $1,200 to $1,800 depending on configuration and volume. Lumos has publicly promoted the LumosBridge as incorporating advanced waveguide coupling, integrated wavelength-division multiplexing, high-performance germanium photodetectors, and co-integrated modulator driver circuitry—each of which corresponds to technologies claimed in the Patents-in-Suit.

25. Lumos also manufactures and sells the LumosEdge™ 400ZR+ Pluggable Transceiver, a QSFP-DD form factor pluggable transceiver module for metro and data center interconnect (DCI) applications. The LumosEdge is designed to enable coherent optical transmission over distances of up to 120 kilometers in a compact, hot-pluggable module and has been in production since Q3 2021, with a unit price range of approximately $600 to $900 depending on configuration and volume. On information and belief, the LumosEdge incorporates silicon photonics technologies that practice the claims of the Patents-in-Suit, including tapered waveguide couplers, germanium-on-silicon photodetectors with graded buffer layers, and pre-emphasis modulator driver circuits.

26. On information and belief, combined revenue from the Accused Products during calendar year 2022 was approximately $148.6 million. Revenue from the Accused Products during Q1–Q2 2022 alone was approximately $62.3 million. On information and belief, Lumos continues to manufacture, market, sell, offer for sale, and import the Accused Products in increasing volumes as demand for high-speed optical transceivers in data center applications continues to grow.

C. Pre-Suit Notice to Lumos

27. On March 15, 2022, OWS sent Lumos a detailed cease-and-desist letter identifying the '567 Patent and the '234 Patent and informing Lumos that its LumosBridge and LumosEdge products infringed those patents. The letter included specific claim charts mapping representative claims of the '567 Patent and the '234 Patent to features of the Accused Products as disclosed in Lumos's publicly available product documentation, datasheets, white papers, and technical presentations. The letter demanded that Lumos immediately cease all infringing activities and enter into a license agreement with OWS on commercially reasonable terms. The letter was directed to Richard Talbot, Lumos's General Counsel, and was sent via both certified mail and electronic mail. A true and correct copy of the March 15, 2022 cease-and-desist letter is attached hereto as Exhibit E and incorporated herein by reference.

28. On April 4, 2022, Lumos, through its General Counsel, Richard Talbot, responded to OWS's cease-and-desist letter. In its response, Lumos denied infringement and asserted that OWS's patents were invalid. Lumos did not provide any substantive technical or legal analysis to support its conclusory denials. Lumos declined OWS's invitation to engage in licensing discussions.

29. Despite receiving actual notice of its infringement of the '567 Patent and the '234 Patent, and despite having full knowledge of the specific basis for OWS's infringement allegations, Lumos has continued to make, use, sell, offer for sale, and import the Accused Products without authorization from OWS. On information and belief, Lumos has not undertaken any design-around efforts or obtained a competent opinion of counsel concluding that its products do not infringe the Patents-in-Suit or that the Patents-in-Suit are invalid. Lumos's deliberate decision to continue its infringing activities in the face of actual knowledge constitutes willful infringement.

V. THE PATENTS-IN-SUIT

A. U.S. Patent No. 10,234,567 (the '567 Patent)

30. On March 19, 2019, the United States Patent and Trademark Office duly and legally issued U.S. Patent No. 10,234,567, entitled "Integrated Waveguide Coupler with Tapered Mode Converter for Silicon Photonics Platforms." The application for the '567 Patent was filed on March 14, 2017, bearing Application No. 15/458,329. The '567 Patent issued from a thorough examination by the USPTO, during which the claims were reviewed in light of the prior art and determined to be patentable.

31. The '567 Patent names Dr. Kevin Fong, Dr. Priya Ramanathan, and Hideo Tanaka as inventors. Each of the named inventors contributed to the conception and reduction to practice of the inventions claimed in the '567 Patent during the course of their employment with OWS.

32. OWS is the owner by assignment of all right, title, and interest in the '567 Patent. Each of the named inventors has assigned his or her rights in the '567 Patent to OWS, and such assignments have been duly recorded with the USPTO.

33. The '567 Patent has been in full force and effect at all relevant times herein and has not expired. All required maintenance fees have been timely paid.

34. A true and correct copy of the '567 Patent is attached hereto as Exhibit A and incorporated herein by reference.

35. The '567 Patent is directed to an integrated optical coupler comprising a tapered silicon waveguide coupled to a silicon nitride waveguide layer, addressing the critical technical challenge of efficient fiber-to-chip optical coupling in silicon photonics platforms. The inventions of the '567 Patent overcome longstanding problems associated with the large mode-field mismatch between standard single-mode optical fibers and sub-micron silicon waveguides, which results in high insertion losses that degrade overall transceiver performance. The tapered mode converter disclosed and claimed in the '567 Patent provides a gradual and efficient transition between the large optical mode of the fiber and the tightly confined mode of the silicon waveguide, enabling low-loss coupling that is critical for high-performance optical transceivers. The '567 Patent discloses and claims specific structural features, including a tapered silicon waveguide having a tip width of less than 200 nanometers, a silicon nitride intermediate waveguide layer, and a defined relationship between the taper geometry and the mode-field dimensions, that together enable the low-loss coupling performance achieved by the invention.

B. U.S. Patent No. 10,891,234 (the '234 Patent)

36. On January 14, 2021, the United States Patent and Trademark Office duly and legally issued U.S. Patent No. 10,891,234, entitled "Germanium-on-Silicon Photodetector with Graded Buffer Layer for Enhanced Responsivity." The application for the '234 Patent was filed on September 8, 2017, bearing Application No. 15/699,214. The '234 Patent issued from a thorough examination by the USPTO, during which the claims were reviewed in light of the prior art and determined to be patentable.

37. The '234 Patent names Dr. Kevin Fong and Dr. Amara Osei as inventors. Each of the named inventors contributed to the conception and reduction to practice of the inventions claimed in the '234 Patent during the course of their employment with OWS.

38. OWS is the owner by assignment of all right, title, and interest in the '234 Patent. Each of the named inventors has assigned his or her rights in the '234 Patent to OWS, and such assignments have been duly recorded with the USPTO.

39. The '234 Patent has been in full force and effect at all relevant times herein and has not expired. All required maintenance fees have been timely paid.

40. A true and correct copy of the '234 Patent is attached hereto as Exhibit B and incorporated herein by reference.

41. The '234 Patent is directed to a germanium-on-silicon photodetector featuring a graded buffer layer with a continuously varying germanium concentration for enhanced responsivity. The inventions of the '234 Patent address the significant technical challenge of reducing threading dislocation defects in epitaxially grown germanium absorber layers on silicon substrates. Such defects, which arise from the lattice mismatch between germanium and silicon, degrade the responsivity and dark current performance of germanium photodetectors and have historically limited the performance of silicon photonics receivers. The graded buffer layer disclosed and claimed in the '234 Patent provides a controlled transition from the silicon substrate lattice constant to the germanium absorber lattice constant, effectively confining threading dislocations within the buffer layer and producing a high-quality germanium absorber with enhanced responsivity and reduced dark current. The '234 Patent discloses and claims specific structural and compositional features of the graded buffer layer, including a defined range of germanium concentration variation and a specified buffer layer thickness, that are critical to achieving the improved photodetector performance of the invention.

C. U.S. Patent No. 11,045,678 (the '678 Patent)

42. On June 29, 2021, the United States Patent and Trademark Office duly and legally issued U.S. Patent No. 11,045,678, entitled "Multi-Channel Optical Transceiver with Integrated Wavelength-Division Multiplexing on Silicon." The application for the '678 Patent was filed on June 22, 2018, bearing Application No. 16/015,482. The '678 Patent issued from a thorough examination by the USPTO, during which the claims were reviewed in light of the prior art and determined to be patentable.

43. The '678 Patent names Dr. Priya Ramanathan, Dr. Amara Osei, and Liwei Zhang as inventors. Each of the named inventors contributed to the conception and reduction to practice of the inventions claimed in the '678 Patent during the course of their employment with OWS.

44. OWS is the owner by assignment of all right, title, and interest in the '678 Patent. Each of the named inventors has assigned his or her rights in the '678 Patent to OWS, and such assignments have been duly recorded with the USPTO.

45. The '678 Patent has been in full force and effect at all relevant times herein and has not expired. All required maintenance fees have been timely paid.

46. A true and correct copy of the '678 Patent is attached hereto as Exhibit C and incorporated herein by reference.

47. The '678 Patent is directed to a multi-channel optical transceiver with an integrated wavelength-division multiplexing (WDM) element monolithically formed on a single silicon die, enabling high-bandwidth-density optical interconnects. The inventions of the '678 Patent address the significant challenge of scaling optical transceiver bandwidth while maintaining a compact form factor suitable for co-packaged optics and pluggable module applications. Prior approaches to multi-channel optical transceivers typically relied on parallel single-channel designs or discrete WDM components that increased cost, size, and power consumption. The integrated WDM transceiver architecture disclosed and claimed in the '678 Patent monolithically integrates arrayed waveguide grating (AWG) or echelle grating multiplexer/demultiplexer elements with modulator arrays and photodetector arrays on a single silicon photonics die, enabling a compact, low-power, and cost-effective multi-channel transceiver that supports aggregate data rates of 400 Gbps and beyond.

D. U.S. Patent No. 11,312,890 (the '890 Patent)

48. On April 26, 2022, the United States Patent and Trademark Office duly and legally issued U.S. Patent No. 11,312,890, entitled "Driver Circuit Architecture for High-Speed Silicon Photonic Mach-Zehnder Modulators." The application for the '890 Patent was filed on November 15, 2018, bearing Application No. 16/192,831. The '890 Patent issued from a thorough examination by the USPTO, during which the claims were reviewed in light of the prior art and determined to be patentable.

49. The '890 Patent names Dr. Kevin Fong and Rajesh Iyer as inventors. Each of the named inventors contributed to the conception and reduction to practice of the inventions claimed in the '890 Patent during the course of their employment with OWS.

50. OWS is the owner by assignment of all right, title, and interest in the '890 Patent. Each of the named inventors has assigned his or her rights in the '890 Patent to OWS, and such assignments have been duly recorded with the USPTO.

51. The '890 Patent has been in full force and effect at all relevant times herein and has not expired. All required maintenance fees have been timely paid.

52. A true and correct copy of the '890 Patent is attached hereto as Exhibit D and incorporated herein by reference.

53. The '890 Patent is directed to a driver circuit architecture featuring a pre-emphasis equalization stage electrically co-integrated with a silicon photonic Mach-Zehnder modulator on a common substrate, enabling high-speed modulation with reduced signal integrity degradation. The inventions of the '890 Patent address the critical challenge of driving silicon photonic Mach-Zehnder modulators at data rates of 100 Gbaud and beyond without suffering from signal integrity degradation caused by interconnect parasitics between the driver and the modulator. Prior approaches typically placed the driver circuit on a separate die from the modulator, introducing parasitic capacitance, inductance, and impedance discontinuities in the high-speed signal path that limited modulation bandwidth and degraded signal quality. The driver circuit architecture disclosed and claimed in the '890 Patent co-integrates the driver circuit, including a multi-tap pre-emphasis equalization stage, with the silicon photonic modulator on a common silicon substrate, minimizing interconnect parasitics and enabling high-fidelity, high-speed modulation. The '890 Patent discloses and claims specific circuit architecture features, including the number and configuration of pre-emphasis taps, the relationship between the driver output stage and the modulator traveling-wave electrode, and the electrical co-integration topology, that are critical to achieving the improved modulation performance of the invention.

VI. COUNTS

COUNT I — INFRINGEMENT OF U.S. PATENT NO. 10,234,567

54. OWS incorporates by reference paragraphs 1 through 53 of this Complaint as if fully set forth herein.

55. Lumos has infringed and continues to infringe one or more claims of the '567 Patent, including at least Claims 1, 4, 7, 12, and 15, in violation of 35 U.S.C. § 271(a), by making, using, selling, offering for sale, and/or importing within the United States the Accused Products, including the LumosBridge™ 800G Optical Engine and the LumosEdge™ 400ZR+ Pluggable Transceiver, without the authority or consent of OWS.

56. By way of example and without limitation, the Accused Products infringe at least Claim 1 of the '567 Patent. The Accused Products include an integrated optical coupler comprising a tapered silicon waveguide having a tip width of less than 200 nanometers coupled to a silicon nitride waveguide layer, as recited in the claims of the '567 Patent. On information and belief, the Accused Products include a silicon photonics die incorporating a fiber-to-chip coupling structure that comprises a tapered silicon waveguide with an inverse taper geometry terminating in a narrow tip, a silicon nitride intermediate waveguide layer disposed above or below the tapered silicon waveguide, and a mode-field converter region that provides an adiabatic transition between the fiber mode and the silicon waveguide mode. These features correspond to each and every limitation recited in Claim 1 of the '567 Patent. A detailed claim chart mapping the elements of representative claims of the '567 Patent to the features of the Accused Products is attached hereto as Exhibit E-1 and incorporated herein by reference.

57. On information and belief, Lumos's waveguide coupling architecture in the LumosBridge and LumosEdge products practices each and every limitation of the asserted claims of the '567 Patent, either literally or under the doctrine of equivalents. To the extent that any element of the Accused Products does not literally satisfy a claim limitation, each such element is at least equivalent to the corresponding claim limitation in that it performs substantially the same function, in substantially the same way, to achieve substantially the same result.

58. Lumos has had actual knowledge of the '567 Patent since at least March 15, 2022, when OWS sent the cease-and-desist letter specifically identifying this patent and providing detailed claim charts demonstrating how Lumos's products infringe the claims of the '567 Patent. On information and belief, Lumos was also aware of the '567 Patent prior to receiving OWS's cease-and-desist letter through its own prior art monitoring, competitive intelligence activities, and awareness of OWS's publicly available patent portfolio.

59. Despite actual notice of the '567 Patent and the specific bases for OWS's infringement allegations, Lumos has continued to infringe the '567 Patent without authorization from OWS. Lumos's continued infringement has been willful, deliberate, and without reasonable basis. On information and belief, Lumos has not obtained a competent opinion of counsel concluding that its products do not infringe the '567 Patent or that the '567 Patent is invalid or unenforceable. Lumos's willful and deliberate infringement of the '567 Patent entitles OWS to enhanced damages under 35 U.S.C. § 284.

60. OWS has been damaged by Lumos's infringement of the '567 Patent and is entitled to recover damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by Lumos, together with interest and costs as fixed by the Court under 35 U.S.C. § 284. OWS has suffered and will continue to suffer irreparable harm as a result of Lumos's infringement unless Lumos is enjoined by this Court.

COUNT II — INFRINGEMENT OF U.S. PATENT NO. 10,891,234

61. OWS incorporates by reference paragraphs 1 through 53 of this Complaint as if fully set forth herein.

62. Lumos has infringed and continues to infringe one or more claims of the '234 Patent, including at least Claims 1, 3, 5, 8, and 11, in violation of 35 U.S.C. § 271(a), by making, using, selling, offering for sale, and/or importing within the United States the Accused Products, including the LumosBridge™ 800G Optical Engine and the LumosEdge™ 400ZR+ Pluggable Transceiver, without the authority or consent of OWS.

63. By way of example and without limitation, the Accused Products infringe at least Claim 1 of the '234 Patent. The Accused Products incorporate a germanium-on-silicon photodetector utilizing a graded buffer layer with a varying germanium concentration, as recited in the claims of the '234 Patent. On information and belief, the Accused Products include a silicon photonics die incorporating one or more germanium photodetectors that comprise a silicon substrate, a graded silicon-germanium buffer layer disposed on the silicon substrate having a germanium concentration that varies continuously from a low germanium concentration proximate to the silicon substrate to a high germanium concentration proximate to the germanium absorber layer, and a germanium absorber layer disposed on the graded buffer layer. These features correspond to each and every limitation recited in Claim 1 of the '234 Patent. A detailed claim chart mapping the elements of representative claims of the '234 Patent to the features of the Accused Products is attached hereto as Exhibit E-2 and incorporated herein by reference.

64. On information and belief, Lumos's germanium photodetector architecture in the LumosBridge and LumosEdge products practices each and every limitation of the asserted claims of the '234 Patent, either literally or under the doctrine of equivalents. To the extent that any element of the Accused Products does not literally satisfy a claim limitation, each such element is at least equivalent to the corresponding claim limitation in that it performs substantially the same function, in substantially the same way, to achieve substantially the same result.

65. Lumos has had actual knowledge of the '234 Patent since at least March 15, 2022, when OWS sent the cease-and-desist letter specifically identifying this patent and providing detailed claim charts demonstrating how Lumos's products infringe the claims of the '234 Patent. On information and belief, Lumos was also aware of the '234 Patent prior to receiving OWS's cease-and-desist letter through its own prior art monitoring, competitive intelligence activities, and awareness of OWS's publicly available patent portfolio.

66. Despite actual notice of the '234 Patent and the specific bases for OWS's infringement allegations, Lumos has continued to infringe the '234 Patent willfully, deliberately, and without reasonable basis. On information and belief, Lumos has not obtained a competent opinion of counsel concluding that its products do not infringe the '234 Patent or that the '234 Patent is invalid or unenforceable. Lumos's willful and deliberate infringement of the '234 Patent entitles OWS to enhanced damages under 35 U.S.C. § 284.

67. OWS has been damaged by Lumos's infringement of the '234 Patent and is entitled to recover damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by Lumos, together with interest and costs as fixed by the Court under 35 U.S.C. § 284. OWS has suffered and will continue to suffer irreparable harm as a result of Lumos's infringement unless Lumos is enjoined by this Court.

COUNT III — INFRINGEMENT OF U.S. PATENT NO. 11,045,678

68. OWS incorporates by reference paragraphs 1 through 53 of this Complaint as if fully set forth herein.

69. Lumos has infringed and continues to infringe one or more claims of the '678 Patent, including at least Claims 1, 2, 6, 9, and 14, in violation of 35 U.S.C. § 271(a), by making, using, selling, offering for sale, and/or importing within the United States the Accused Products, including the LumosBridge™ 800G Optical Engine and the LumosEdge™ 400ZR+ Pluggable Transceiver, without the authority or consent of OWS.

70. By way of example and without limitation, the Accused Products infringe at least Claim 1 of the '678 Patent. The Accused Products incorporate a multi-channel optical transceiver with an integrated wavelength-division multiplexing element formed on a single silicon die, as recited in the claims of the '678 Patent. On information and belief, the Accused Products include a silicon photonics die that monolithically integrates a plurality of optical transmitter channels, a plurality of optical receiver channels, and a wavelength-division multiplexing element—such as an arrayed waveguide grating or echelle grating—that multiplexes and/or demultiplexes optical signals across the plurality of channels on a single silicon substrate. These features correspond to each and every limitation recited in Claim 1 of the '678 Patent. A detailed claim chart mapping the elements of representative claims of the '678 Patent to the features of the Accused Products is attached hereto as Exhibit E-3 and incorporated herein by reference.

71. On information and belief, Lumos's 800G optical engine platform, including the LumosBridge product, practices each and every limitation of the asserted claims of the '678 Patent, either literally or under the doctrine of equivalents. Lumos has publicly described its LumosBridge product as incorporating integrated WDM functionality on a single silicon photonics die, which corresponds directly to the inventive concepts claimed in the '678 Patent. To the extent that any element of the Accused Products does not literally satisfy a claim limitation, each such element is at least equivalent to the corresponding claim limitation in that it performs substantially the same function, in substantially the same way, to achieve substantially the same result.

72. On information and belief, Lumos has had knowledge of the '678 Patent since at least the filing of this Complaint. Upon information and belief, Lumos was aware of or should have been aware of the '678 Patent prior to the filing of this Complaint through its own prior art searches and competitive monitoring of OWS's patent portfolio. Lumos operates in the same narrow technology field as OWS, competes directly with OWS for the same customers, and routinely monitors the patent portfolios of its competitors. The '678 Patent is publicly available through the USPTO and is cited in multiple published patent applications and technical publications in the field of silicon photonics. Lumos's Chief Technology Officer, Dr. Mei-Lin Chen, holds a doctorate in a field related to silicon photonics and, on information and belief, is knowledgeable about the prior art and patent landscape in this technology area.

73. Lumos's infringement of the '678 Patent has been and continues to be willful and deliberate. Lumos has continued its infringing activities with full knowledge of OWS's patent portfolio and the claims of the '678 Patent, without obtaining a competent opinion of counsel, and without undertaking any design-around efforts. OWS is entitled to enhanced damages under 35 U.S.C. § 284 on account of Lumos's willful infringement.

74. OWS has been damaged by Lumos's infringement of the '678 Patent and is entitled to recover damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by Lumos, together with interest and costs as fixed by the Court under 35 U.S.C. § 284. OWS has suffered and will continue to suffer irreparable harm as a result of Lumos's infringement unless Lumos is enjoined by this Court.

COUNT IV — INFRINGEMENT OF U.S. PATENT NO. 11,312,890

75. OWS incorporates by reference paragraphs 1 through 53 of this Complaint as if fully set forth herein.

76. Lumos has infringed and continues to infringe one or more claims of the '890 Patent, including at least Claims 1, 5, 8, and 13, in violation of 35 U.S.C. § 271(a), by making, using, selling, offering for sale, and/or importing within the United States the Accused Products, including the LumosBridge™ 800G Optical Engine and the LumosEdge™ 400ZR+ Pluggable Transceiver, without the authority or consent of OWS.

77. By way of example and without limitation, the Accused Products infringe at least Claim 1 of the '890 Patent. The Accused Products incorporate a driver circuit architecture for high-speed silicon photonic Mach-Zehnder modulators including a pre-emphasis equalization stage on a common substrate with the modulator, as recited in the claims of the '890 Patent. On information and belief, the Accused Products include a silicon photonics die incorporating one or more Mach-Zehnder modulators and a co-integrated driver circuit that includes a multi-tap pre-emphasis equalization stage disposed on the same silicon substrate as the modulator, wherein the pre-emphasis equalization stage is electrically connected to a traveling-wave electrode of the Mach-Zehnder modulator. These features correspond to each and every limitation recited in Claim 1 of the '890 Patent. A detailed claim chart mapping the elements of representative claims of the '890 Patent to the features of the Accused Products is attached hereto as Exhibit E-4 and incorporated herein by reference.

78. On information and belief, Lumos's modulator driver architecture in the LumosBridge and LumosEdge products practices each and every limitation of the asserted claims of the '890 Patent, either literally or under the doctrine of equivalents. Lumos has publicly described its products as incorporating co-integrated driver and modulator architectures with equalization capabilities, which corresponds directly to the inventive concepts claimed in the '890 Patent. To the extent that any element of the Accused Products does not literally satisfy a claim limitation, each such element is at least equivalent to the corresponding claim limitation in that it performs substantially the same function, in substantially the same way, to achieve substantially the same result.

79. The '890 Patent was issued on April 26, 2022, approximately five weeks before the filing of this Complaint. Lumos has had knowledge of the '890 Patent since at least the filing of this Complaint. On information and belief, Lumos was also aware of the underlying patent application, which was published as U.S. Patent Application Publication No. 2020/0153119 on May 14, 2020, through its competitive monitoring of OWS's patent filings. Lumos operates in the same narrow technology field as OWS and, on information and belief, routinely monitors published patent applications of its competitors.

80. Lumos's infringement of the '890 Patent has been and continues to be willful and deliberate. Lumos has manufactured and sold the Accused Products incorporating the infringing modulator driver architecture with full knowledge of OWS's intellectual property rights, without authorization from OWS, and without undertaking any design-around efforts. OWS is entitled to enhanced damages under 35 U.S.C. § 284 on account of Lumos's willful infringement.

81. OWS has been damaged by Lumos's infringement of the '890 Patent and is entitled to recover damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by Lumos, together with interest and costs as fixed by the Court under 35 U.S.C. § 284. OWS has suffered and will continue to suffer irreparable harm as a result of Lumos's infringement unless Lumos is enjoined by this Court.

VII. DEMAND FOR JURY TRIAL

82. Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, OWS hereby demands a trial by jury on all issues so triable in this action, including but not limited to infringement, willfulness, validity, damages, and any other issues properly triable to a jury.

VIII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff Optiwave Semiconductor Corp. respectfully prays for the following relief:

(a) A judgment that Defendant Lumos Photonics, Inc. has infringed, either literally and/or under the doctrine of equivalents, one or more claims of each of the Patents-in-Suit: U.S. Patent Nos. 10,234,567; 10,891,234; 11,045,678; and 11,312,890;

(b) A judgment that Defendant Lumos Photonics, Inc.'s infringement of the Patents-in-Suit has been willful;

(c) An award of damages adequate to compensate OWS for Lumos's past and ongoing infringement of the Patents-in-Suit, in an amount to be proven at trial but believed to exceed $75,000,000, based on a reasonable royalty, but in no event less than a reasonable royalty for the use made of the inventions by Lumos, together with interest and costs as fixed by the Court pursuant to 35 U.S.C. § 284;

(d) An award of enhanced damages up to three times the amount of compensatory damages found or assessed pursuant to 35 U.S.C. § 284 on account of Defendant Lumos Photonics, Inc.'s willful infringement of the Patents-in-Suit;

(e) A permanent injunction enjoining Defendant Lumos Photonics, Inc., its officers, agents, servants, employees, attorneys, and all persons in active concert or participation with any of them, from further infringement of the Patents-in-Suit, including from the manufacture, use, sale, offer for sale, and importation of the Accused Products and any other products that infringe the Patents-in-Suit;

(f) A judgment declaring this case to be exceptional and awarding OWS its reasonable attorneys' fees incurred in this action pursuant to 35 U.S.C. § 285;

(g) An award of OWS's taxable costs of suit pursuant to 28 U.S.C. § 1920 and Fed. R. Civ. P. 54(d);

(h) An award of pre-judgment interest and post-judgment interest at the maximum rate allowed by law;

(i) Such other and further relief as this Court deems just and proper.

Dated: June 3, 2022

Respectfully submitted,

CALDERWOOD & HARKNESS LLP

By: ________

Alan Ngo (Cal. Bar No. 287,451; USPTO Reg. No. 52,871) Omar Siddiqui (Cal. Bar No. 304,219) Christy Bauer (Cal. Bar No. 311,087)

CALDERWOOD & HARKNESS LLP One Embarcadero Center, 34th Floor San Francisco, California 94111 Telephone: (415) 772-4000 Facsimile: (415) 772-4001

Email: ango@calderwoodharkness.com

Email: osiddiqui@calderwoodharkness.com

Email: cbauer@calderwoodharkness.com

Attorneys for Plaintiff Optiwave Semiconductor Corp.

EXHIBITS

Exhibit A — U.S. Patent No. 10,234,567 (the '567 Patent), entitled "Integrated Waveguide Coupler with Tapered Mode Converter for Silicon Photonics Platforms," issued March 19, 2019.

Exhibit B — U.S. Patent No. 10,891,234 (the '234 Patent), entitled "Germanium-on-Silicon Photodetector with Graded Buffer Layer for Enhanced Responsivity," issued January 14, 2021.

Exhibit C — U.S. Patent No. 11,045,678 (the '678 Patent), entitled "Multi-Channel Optical Transceiver with Integrated Wavelength-Division Multiplexing on Silicon," issued June 29, 2021.

Exhibit D — U.S. Patent No. 11,312,890 (the '890 Patent), entitled "Driver Circuit Architecture for High-Speed Silicon Photonic Mach-Zehnder Modulators," issued April 26, 2022.

Exhibit E — March 15, 2022 Cease-and-Desist Letter from OWS to Lumos.

Exhibit E-1 — Claim Chart: U.S. Patent No. 10,234,567, Claim 1.

Exhibit E-2 — Claim Chart: U.S. Patent No. 10,891,234, Claim 1.

Exhibit E-3 — Claim Chart: U.S. Patent No. 11,045,678, Claim 1.

Exhibit E-4 — Claim Chart: U.S. Patent No. 11,312,890, Claim 1.

OPTIWAVE SEMICONDUCTOR CORP., a Delaware corporation,	Case No. 5:22-cv-03417-EJD
Plaintiff,	COMPLAINT FOR PATENT INFRINGEMENT
v.	DEMAND FOR JURY TRIAL
LUMOS PHOTONICS, INC., a Delaware corporation,	Hon. Edward J. Torvelis

Defendant.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Plaintiff Optiwave Semiconductor Corp. ("OWS" or "Plaintiff"), by and through its undersigned attorneys, Calderwood & Harkness LLP, hereby files this Complaint for Patent Infringement against Defendant Lumos Photonics, Inc. ("Lumos" or "Defendant"), and alleges as follows:
I. NATURE OF THE ACTION
1. This is an action for patent infringement under 35 U.S.C. § 271 brought by Optiwave Semiconductor Corp. ("OWS" or "Plaintiff") against Lumos Photonics, Inc. ("Lumos" or "Defendant"). OWS brings this action to protect its intellectual property rights in patented silicon photonics technologies that it has developed through years of research, innovation, and substantial investment.
2. OWS seeks damages, enhanced damages for willful infringement, injunctive relief, attorneys' fees, and costs arising from Lumos's infringement of four United States patents: U.S. Patent No. 10,234,567 ("the '567 Patent"); U.S. Patent No. 10,891,234 ("the '234 Patent"); U.S. Patent No. 11,045,678 ("the '678 Patent"); and U.S. Patent No. 11,312,890 ("the '890 Patent") (collectively, the "Patents-in-Suit"). Each of the Patents-in-Suit is duly issued by the United States Patent and Trademark Office ("USPTO") and is currently in full force and effect.
3. Lumos has infringed and continues to infringe the Patents-in-Suit through the manufacture, use, sale, offer for sale, and importation of its LumosBridge™ 800G Optical Engine and LumosEdge™ 400ZR+ Pluggable Transceiver products (the "Accused Products"). On information and belief, Lumos's infringement has been willful and deliberate, and Lumos has continued its infringing activities despite receiving actual notice of OWS's patent rights.
II. THE PARTIES
A. Plaintiff Optiwave Semiconductor Corp.
4. Optiwave Semiconductor Corp. is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 2775 Augustine Drive, Suite 400, San Jose, California 95054. OWS's headquarters are located within this judicial district.
5. OWS is a fabless semiconductor design company specializing in silicon photonics integrated circuits for data center interconnects and telecommunications applications. OWS was founded in 2014 and has since established itself as a leading innovator in the field of silicon photonics, developing highly integrated optical transceiver chipsets and photonic integrated circuits that enable the next generation of high-bandwidth data center interconnects.
6. OWS's key products include the OWS-400ZR and OWS-800LR coherent optical transceiver chipsets and integrated silicon photonics engines for co-packaged optics. These products are deployed by major hyperscale cloud service providers, telecommunications carriers, and enterprise networking customers worldwide to support the rapidly growing demand for data center bandwidth.
7. OWS's silicon photonics chips are fabricated by Pinnacle Semiconductor Foundry Co., Ltd. ("Pinnacle") on Pinnacle's 45nm silicon-on-insulator (SOI) process. OWS maintains a close foundry relationship with Pinnacle that enables it to leverage advanced process technologies while focusing its internal resources on design innovation, architectural development, and intellectual property creation.
8. OWS generated revenue of approximately $187.4 million in fiscal year 2022 and employs approximately 620 people, including over 350 engineers across its design, verification, applications, and systems engineering teams. OWS has experienced significant revenue growth as the demand for silicon photonics solutions in data center applications has accelerated.
9. OWS owns a robust portfolio of 87 issued U.S. utility patents and 14 pending applications concentrated in waveguide coupling, germanium-on-silicon photodetectors, and modulator driver architectures. OWS has invested tens of millions of dollars in research and development to build this patent portfolio, which reflects core innovations that underpin the company's commercial products and represent fundamental advances in the field of silicon photonics.
10. OWS is the owner by assignment of all right, title, and interest in the Patents-in-Suit. OWS possesses the right and standing to bring this action and to recover for past and future infringement of the Patents-in-Suit.
B. Defendant Lumos Photonics, Inc.
11. Lumos Photonics, Inc. is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 9400 McNeil Drive, Building 7, Austin, Texas 78758.
12. Lumos is an integrated device manufacturer (IDM) of silicon photonics components for hyperscale data centers. Lumos was founded in 2016 and designs, fabricates, packages, and sells silicon photonics-based optical transceivers and co-packaged optics engines to hyperscale cloud service providers, colocation operators, and telecommunications carriers.
13. Lumos is publicly traded on the Nasdaq stock exchange under the ticker symbol "LMPH" since its initial public offering in 2021. As of the filing of this Complaint, Lumos has an approximate market capitalization of $1.87 billion. Lumos has publicly touted its silicon photonics technology and its competitive position in the high-speed optical transceiver market in its SEC filings, earnings calls, and marketing materials.
14. Lumos generated revenue of approximately $312.8 million in fiscal year 2022 and employs approximately 1,450 people. Lumos is a significant competitor to OWS in the silicon photonics market for data center interconnect applications.
15. Lumos maintains a fabrication facility at 3200 NE Shute Road, Hillsboro, Oregon 97124. On information and belief, the Accused Products are manufactured, at least in part, at this facility using silicon photonics fabrication processes that incorporate the patented technologies of the Patents-in-Suit.
16. Lumos maintains a sales office and engineering center at 4750 Great America Parkway, Suite 320, Santa Clara, California 95054, within this judicial district. On information and belief, Lumos employs sales personnel, field applications engineers, and design engineers at this location, and Lumos uses this facility to engage with customers, demonstrate products, provide technical support, and conduct engineering activities related to the Accused Products.
17. James "Jim" Harrelson serves as Lumos's Chief Executive Officer. Dr. Mei-Lin Chen serves as its Chief Technology Officer. Richard Talbot serves as its General Counsel. On information and belief, each of these individuals has knowledge of Lumos's silicon photonics technology and the Accused Products.
III. JURISDICTION AND VENUE
18. This Court has subject matter jurisdiction over this action under 28 U.S.C. §§ 1331 and 1338(a) because this action arises under the patent laws of the United States, 35 U.S.C. § 1 et seq. This Court has authority to award the relief sought herein, including damages, injunctive relief, attorneys' fees, and costs.
19. This Court has personal jurisdiction over Lumos. Lumos is registered to do business in California and maintains a continuous and systematic presence in this State. Lumos maintains permanent employees in Santa Clara, California. Lumos maintains a sales office and engineering center at 4750 Great America Parkway, Suite 320, Santa Clara, California 95054. On information and belief, Lumos generates approximately 22% of its U.S. revenue from customers located in the Northern District of California, including major hyperscale data center operators headquartered in this District. Lumos has committed acts of infringement in this District, including by making, using, selling, and/or offering to sell the Accused Products to hyperscale data center customers headquartered in this District. Lumos has purposefully directed its business activities toward residents of this District, has established minimum contacts with this District sufficient to satisfy the requirements of due process, and the exercise of personal jurisdiction over Lumos would not offend traditional notions of fair play and substantial justice.
20. Venue is proper in this judicial district under 28 U.S.C. § 1400(b). Lumos has a regular and established place of business in this District at its Santa Clara office located at 4750 Great America Parkway, Suite 320, Santa Clara, California 95054. On information and belief, this office is staffed by Lumos employees on a permanent basis, is held out to the public as a Lumos facility, and is used to conduct Lumos's business, including the sale and marketing of the Accused Products. Lumos has committed acts of infringement in this District, including the sale and offer for sale of the Accused Products to customers in this District.
IV. BACKGROUND FACTS
A. OWS's Innovation in Silicon Photonics
21. OWS is a pioneer in silicon photonics technology, having developed foundational innovations in the design and integration of optical components on silicon substrates. OWS was co-founded in 2014 by Dr. Priya Ramanathan and Dr. Kevin Fong. Dr. Ramanathan serves as OWS's Chief Executive Officer and holds a Ph.D. in Electrical Engineering with a specialization in photonics from Stanford University, where her doctoral research focused on integrated silicon photonic circuits for high-speed data communications. Dr. Fong serves as OWS's Chief Technology Officer and was formerly a principal engineer at a major semiconductor foundry, where he led the development of silicon photonics process modules and germanium epitaxial growth techniques. Together, Dr. Ramanathan and Dr. Fong assembled a world-class team of engineers and scientists dedicated to advancing the state of the art in silicon photonics for data center and telecommunications applications.
22. Since its founding, OWS has invested heavily in research and development, dedicating approximately 28% of its annual revenue to R&D activities. Through these sustained investments, OWS has built an extensive patent portfolio of 87 issued U.S. utility patents and 14 pending applications covering fundamental aspects of silicon photonics technology. OWS's patent portfolio reflects the depth and breadth of its technical contributions to the field and represents a significant competitive asset that OWS actively manages and enforces.
23. The Patents-in-Suit represent core innovations in waveguide coupling, photodetector architectures, wavelength-division multiplexing integration, and modulator driver circuits—foundational technologies for high-speed optical transceivers used in data center interconnects. These patented technologies address critical challenges in the design and manufacture of silicon photonics devices, including efficient fiber-to-chip optical coupling, high-responsivity photodetection with reduced defect density, high-bandwidth-density multi-channel optical signal processing, and high-speed modulation with preserved signal integrity. Each of the Patents-in-Suit emerged directly from OWS's intensive research and development efforts and reflects innovations that provide significant performance advantages in the competitive market for optical transceiver components.
B. Lumos's Infringing Products
24. Lumos manufactures and sells the LumosBridge™ 800G Optical Engine, a co-packaged optics engine designed for hyperscale data center switches. The LumosBridge is a silicon photonics-based optical engine that integrates multiple optical channels onto a single silicon die, enabling 800 Gbps aggregate data rates for next-generation switch ASICs. On information and belief, the LumosBridge was first shipped to customers in Q1 2022, with a unit price range of approximately $1,200 to $1,800 depending on configuration and volume. Lumos has publicly promoted the LumosBridge as incorporating advanced waveguide coupling, integrated wavelength-division multiplexing, high-performance germanium photodetectors, and co-integrated modulator driver circuitry—each of which corresponds to technologies claimed in the Patents-in-Suit.
25. Lumos also manufactures and sells the LumosEdge™ 400ZR+ Pluggable Transceiver, a QSFP-DD form factor pluggable transceiver module for metro and data center interconnect (DCI) applications. The LumosEdge is designed to enable coherent optical transmission over distances of up to 120 kilometers in a compact, hot-pluggable module and has been in production since Q3 2021, with a unit price range of approximately $600 to $900 depending on configuration and volume. On information and belief, the LumosEdge incorporates silicon photonics technologies that practice the claims of the Patents-in-Suit, including tapered waveguide couplers, germanium-on-silicon photodetectors with graded buffer layers, and pre-emphasis modulator driver circuits.
26. On information and belief, combined revenue from the Accused Products during calendar year 2022 was approximately $148.6 million. Revenue from the Accused Products during Q1–Q2 2022 alone was approximately $62.3 million. On information and belief, Lumos continues to manufacture, market, sell, offer for sale, and import the Accused Products in increasing volumes as demand for high-speed optical transceivers in data center applications continues to grow.
C. Pre-Suit Notice to Lumos
27. On March 15, 2022, OWS sent Lumos a detailed cease-and-desist letter identifying the '567 Patent and the '234 Patent and informing Lumos that its LumosBridge and LumosEdge products infringed those patents. The letter included specific claim charts mapping representative claims of the '567 Patent and the '234 Patent to features of the Accused Products as disclosed in Lumos's publicly available product documentation, datasheets, white papers, and technical presentations. The letter demanded that Lumos immediately cease all infringing activities and enter into a license agreement with OWS on commercially reasonable terms. The letter was directed to Richard Talbot, Lumos's General Counsel, and was sent via both certified mail and electronic mail. A true and correct copy of the March 15, 2022 cease-and-desist letter is attached hereto as Exhibit E and incorporated herein by reference.
28. On April 4, 2022, Lumos, through its General Counsel, Richard Talbot, responded to OWS's cease-and-desist letter. In its response, Lumos denied infringement and asserted that OWS's patents were invalid. Lumos did not provide any substantive technical or legal analysis to support its conclusory denials. Lumos declined OWS's invitation to engage in licensing discussions.
29. Despite receiving actual notice of its infringement of the '567 Patent and the '234 Patent, and despite having full knowledge of the specific basis for OWS's infringement allegations, Lumos has continued to make, use, sell, offer for sale, and import the Accused Products without authorization from OWS. On information and belief, Lumos has not undertaken any design-around efforts or obtained a competent opinion of counsel concluding that its products do not infringe the Patents-in-Suit or that the Patents-in-Suit are invalid. Lumos's deliberate decision to continue its infringing activities in the face of actual knowledge constitutes willful infringement.
V. THE PATENTS-IN-SUIT
A. U.S. Patent No. 10,234,567 (the '567 Patent)
30. On March 19, 2019, the United States Patent and Trademark Office duly and legally issued U.S. Patent No. 10,234,567, entitled "Integrated Waveguide Coupler with Tapered Mode Converter for Silicon Photonics Platforms." The application for the '567 Patent was filed on March 14, 2017, bearing Application No. 15/458,329. The '567 Patent issued from a thorough examination by the USPTO, during which the claims were reviewed in light of the prior art and determined to be patentable.
31. The '567 Patent names Dr. Kevin Fong, Dr. Priya Ramanathan, and Hideo Tanaka as inventors. Each of the named inventors contributed to the conception and reduction to practice of the inventions claimed in the '567 Patent during the course of their employment with OWS.
32. OWS is the owner by assignment of all right, title, and interest in the '567 Patent. Each of the named inventors has assigned his or her rights in the '567 Patent to OWS, and such assignments have been duly recorded with the USPTO.
33. The '567 Patent has been in full force and effect at all relevant times herein and has not expired. All required maintenance fees have been timely paid.
34. A true and correct copy of the '567 Patent is attached hereto as Exhibit A and incorporated herein by reference.
35. The '567 Patent is directed to an integrated optical coupler comprising a tapered silicon waveguide coupled to a silicon nitride waveguide layer, addressing the critical technical challenge of efficient fiber-to-chip optical coupling in silicon photonics platforms. The inventions of the '567 Patent overcome longstanding problems associated with the large mode-field mismatch between standard single-mode optical fibers and sub-micron silicon waveguides, which results in high insertion losses that degrade overall transceiver performance. The tapered mode converter disclosed and claimed in the '567 Patent provides a gradual and efficient transition between the large optical mode of the fiber and the tightly confined mode of the silicon waveguide, enabling low-loss coupling that is critical for high-performance optical transceivers. The '567 Patent discloses and claims specific structural features, including a tapered silicon waveguide having a tip width of less than 200 nanometers, a silicon nitride intermediate waveguide layer, and a defined relationship between the taper geometry and the mode-field dimensions, that together enable the low-loss coupling performance achieved by the invention.
B. U.S. Patent No. 10,891,234 (the '234 Patent)
36. On January 14, 2021, the United States Patent and Trademark Office duly and legally issued U.S. Patent No. 10,891,234, entitled "Germanium-on-Silicon Photodetector with Graded Buffer Layer for Enhanced Responsivity." The application for the '234 Patent was filed on September 8, 2017, bearing Application No. 15/699,214. The '234 Patent issued from a thorough examination by the USPTO, during which the claims were reviewed in light of the prior art and determined to be patentable.
37. The '234 Patent names Dr. Kevin Fong and Dr. Amara Osei as inventors. Each of the named inventors contributed to the conception and reduction to practice of the inventions claimed in the '234 Patent during the course of their employment with OWS.
38. OWS is the owner by assignment of all right, title, and interest in the '234 Patent. Each of the named inventors has assigned his or her rights in the '234 Patent to OWS, and such assignments have been duly recorded with the USPTO.
39. The '234 Patent has been in full force and effect at all relevant times herein and has not expired. All required maintenance fees have been timely paid.
40. A true and correct copy of the '234 Patent is attached hereto as Exhibit B and incorporated herein by reference.
41. The '234 Patent is directed to a germanium-on-silicon photodetector featuring a graded buffer layer with a continuously varying germanium concentration for enhanced responsivity. The inventions of the '234 Patent address the significant technical challenge of reducing threading dislocation defects in epitaxially grown germanium absorber layers on silicon substrates. Such defects, which arise from the lattice mismatch between germanium and silicon, degrade the responsivity and dark current performance of germanium photodetectors and have historically limited the performance of silicon photonics receivers. The graded buffer layer disclosed and claimed in the '234 Patent provides a controlled transition from the silicon substrate lattice constant to the germanium absorber lattice constant, effectively confining threading dislocations within the buffer layer and producing a high-quality germanium absorber with enhanced responsivity and reduced dark current. The '234 Patent discloses and claims specific structural and compositional features of the graded buffer layer, including a defined range of germanium concentration variation and a specified buffer layer thickness, that are critical to achieving the improved photodetector performance of the invention.
C. U.S. Patent No. 11,045,678 (the '678 Patent)
42. On June 29, 2021, the United States Patent and Trademark Office duly and legally issued U.S. Patent No. 11,045,678, entitled "Multi-Channel Optical Transceiver with Integrated Wavelength-Division Multiplexing on Silicon." The application for the '678 Patent was filed on June 22, 2018, bearing Application No. 16/015,482. The '678 Patent issued from a thorough examination by the USPTO, during which the claims were reviewed in light of the prior art and determined to be patentable.
43. The '678 Patent names Dr. Priya Ramanathan, Dr. Amara Osei, and Liwei Zhang as inventors. Each of the named inventors contributed to the conception and reduction to practice of the inventions claimed in the '678 Patent during the course of their employment with OWS.
44. OWS is the owner by assignment of all right, title, and interest in the '678 Patent. Each of the named inventors has assigned his or her rights in the '678 Patent to OWS, and such assignments have been duly recorded with the USPTO.
45. The '678 Patent has been in full force and effect at all relevant times herein and has not expired. All required maintenance fees have been timely paid.
46. A true and correct copy of the '678 Patent is attached hereto as Exhibit C and incorporated herein by reference.
47. The '678 Patent is directed to a multi-channel optical transceiver with an integrated wavelength-division multiplexing (WDM) element monolithically formed on a single silicon die, enabling high-bandwidth-density optical interconnects. The inventions of the '678 Patent address the significant challenge of scaling optical transceiver bandwidth while maintaining a compact form factor suitable for co-packaged optics and pluggable module applications. Prior approaches to multi-channel optical transceivers typically relied on parallel single-channel designs or discrete WDM components that increased cost, size, and power consumption. The integrated WDM transceiver architecture disclosed and claimed in the '678 Patent monolithically integrates arrayed waveguide grating (AWG) or echelle grating multiplexer/demultiplexer elements with modulator arrays and photodetector arrays on a single silicon photonics die, enabling a compact, low-power, and cost-effective multi-channel transceiver that supports aggregate data rates of 400 Gbps and beyond.
D. U.S. Patent No. 11,312,890 (the '890 Patent)
48. On April 26, 2022, the United States Patent and Trademark Office duly and legally issued U.S. Patent No. 11,312,890, entitled "Driver Circuit Architecture for High-Speed Silicon Photonic Mach-Zehnder Modulators." The application for the '890 Patent was filed on November 15, 2018, bearing Application No. 16/192,831. The '890 Patent issued from a thorough examination by the USPTO, during which the claims were reviewed in light of the prior art and determined to be patentable.
49. The '890 Patent names Dr. Kevin Fong and Rajesh Iyer as inventors. Each of the named inventors contributed to the conception and reduction to practice of the inventions claimed in the '890 Patent during the course of their employment with OWS.
50. OWS is the owner by assignment of all right, title, and interest in the '890 Patent. Each of the named inventors has assigned his or her rights in the '890 Patent to OWS, and such assignments have been duly recorded with the USPTO.
51. The '890 Patent has been in full force and effect at all relevant times herein and has not expired. All required maintenance fees have been timely paid.
52. A true and correct copy of the '890 Patent is attached hereto as Exhibit D and incorporated herein by reference.
53. The '890 Patent is directed to a driver circuit architecture featuring a pre-emphasis equalization stage electrically co-integrated with a silicon photonic Mach-Zehnder modulator on a common substrate, enabling high-speed modulation with reduced signal integrity degradation. The inventions of the '890 Patent address the critical challenge of driving silicon photonic Mach-Zehnder modulators at data rates of 100 Gbaud and beyond without suffering from signal integrity degradation caused by interconnect parasitics between the driver and the modulator. Prior approaches typically placed the driver circuit on a separate die from the modulator, introducing parasitic capacitance, inductance, and impedance discontinuities in the high-speed signal path that limited modulation bandwidth and degraded signal quality. The driver circuit architecture disclosed and claimed in the '890 Patent co-integrates the driver circuit, including a multi-tap pre-emphasis equalization stage, with the silicon photonic modulator on a common silicon substrate, minimizing interconnect parasitics and enabling high-fidelity, high-speed modulation. The '890 Patent discloses and claims specific circuit architecture features, including the number and configuration of pre-emphasis taps, the relationship between the driver output stage and the modulator traveling-wave electrode, and the electrical co-integration topology, that are critical to achieving the improved modulation performance of the invention.
VI. COUNTS
COUNT I — INFRINGEMENT OF U.S. PATENT NO. 10,234,567
54. OWS incorporates by reference paragraphs 1 through 53 of this Complaint as if fully set forth herein.
55. Lumos has infringed and continues to infringe one or more claims of the '567 Patent, including at least Claims 1, 4, 7, 12, and 15, in violation of 35 U.S.C. § 271(a), by making, using, selling, offering for sale, and/or importing within the United States the Accused Products, including the LumosBridge™ 800G Optical Engine and the LumosEdge™ 400ZR+ Pluggable Transceiver, without the authority or consent of OWS.
56. By way of example and without limitation, the Accused Products infringe at least Claim 1 of the '567 Patent. The Accused Products include an integrated optical coupler comprising a tapered silicon waveguide having a tip width of less than 200 nanometers coupled to a silicon nitride waveguide layer, as recited in the claims of the '567 Patent. On information and belief, the Accused Products include a silicon photonics die incorporating a fiber-to-chip coupling structure that comprises a tapered silicon waveguide with an inverse taper geometry terminating in a narrow tip, a silicon nitride intermediate waveguide layer disposed above or below the tapered silicon waveguide, and a mode-field converter region that provides an adiabatic transition between the fiber mode and the silicon waveguide mode. These features correspond to each and every limitation recited in Claim 1 of the '567 Patent. A detailed claim chart mapping the elements of representative claims of the '567 Patent to the features of the Accused Products is attached hereto as Exhibit E-1 and incorporated herein by reference.
57. On information and belief, Lumos's waveguide coupling architecture in the LumosBridge and LumosEdge products practices each and every limitation of the asserted claims of the '567 Patent, either literally or under the doctrine of equivalents. To the extent that any element of the Accused Products does not literally satisfy a claim limitation, each such element is at least equivalent to the corresponding claim limitation in that it performs substantially the same function, in substantially the same way, to achieve substantially the same result.
58. Lumos has had actual knowledge of the '567 Patent since at least March 15, 2022, when OWS sent the cease-and-desist letter specifically identifying this patent and providing detailed claim charts demonstrating how Lumos's products infringe the claims of the '567 Patent. On information and belief, Lumos was also aware of the '567 Patent prior to receiving OWS's cease-and-desist letter through its own prior art monitoring, competitive intelligence activities, and awareness of OWS's publicly available patent portfolio.
59. Despite actual notice of the '567 Patent and the specific bases for OWS's infringement allegations, Lumos has continued to infringe the '567 Patent without authorization from OWS. Lumos's continued infringement has been willful, deliberate, and without reasonable basis. On information and belief, Lumos has not obtained a competent opinion of counsel concluding that its products do not infringe the '567 Patent or that the '567 Patent is invalid or unenforceable. Lumos's willful and deliberate infringement of the '567 Patent entitles OWS to enhanced damages under 35 U.S.C. § 284.
60. OWS has been damaged by Lumos's infringement of the '567 Patent and is entitled to recover damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by Lumos, together with interest and costs as fixed by the Court under 35 U.S.C. § 284. OWS has suffered and will continue to suffer irreparable harm as a result of Lumos's infringement unless Lumos is enjoined by this Court.
COUNT II — INFRINGEMENT OF U.S. PATENT NO. 10,891,234
61. OWS incorporates by reference paragraphs 1 through 53 of this Complaint as if fully set forth herein.
62. Lumos has infringed and continues to infringe one or more claims of the '234 Patent, including at least Claims 1, 3, 5, 8, and 11, in violation of 35 U.S.C. § 271(a), by making, using, selling, offering for sale, and/or importing within the United States the Accused Products, including the LumosBridge™ 800G Optical Engine and the LumosEdge™ 400ZR+ Pluggable Transceiver, without the authority or consent of OWS.
63. By way of example and without limitation, the Accused Products infringe at least Claim 1 of the '234 Patent. The Accused Products incorporate a germanium-on-silicon photodetector utilizing a graded buffer layer with a varying germanium concentration, as recited in the claims of the '234 Patent. On information and belief, the Accused Products include a silicon photonics die incorporating one or more germanium photodetectors that comprise a silicon substrate, a graded silicon-germanium buffer layer disposed on the silicon substrate having a germanium concentration that varies continuously from a low germanium concentration proximate to the silicon substrate to a high germanium concentration proximate to the germanium absorber layer, and a germanium absorber layer disposed on the graded buffer layer. These features correspond to each and every limitation recited in Claim 1 of the '234 Patent. A detailed claim chart mapping the elements of representative claims of the '234 Patent to the features of the Accused Products is attached hereto as Exhibit E-2 and incorporated herein by reference.
64. On information and belief, Lumos's germanium photodetector architecture in the LumosBridge and LumosEdge products practices each and every limitation of the asserted claims of the '234 Patent, either literally or under the doctrine of equivalents. To the extent that any element of the Accused Products does not literally satisfy a claim limitation, each such element is at least equivalent to the corresponding claim limitation in that it performs substantially the same function, in substantially the same way, to achieve substantially the same result.
65. Lumos has had actual knowledge of the '234 Patent since at least March 15, 2022, when OWS sent the cease-and-desist letter specifically identifying this patent and providing detailed claim charts demonstrating how Lumos's products infringe the claims of the '234 Patent. On information and belief, Lumos was also aware of the '234 Patent prior to receiving OWS's cease-and-desist letter through its own prior art monitoring, competitive intelligence activities, and awareness of OWS's publicly available patent portfolio.
66. Despite actual notice of the '234 Patent and the specific bases for OWS's infringement allegations, Lumos has continued to infringe the '234 Patent willfully, deliberately, and without reasonable basis. On information and belief, Lumos has not obtained a competent opinion of counsel concluding that its products do not infringe the '234 Patent or that the '234 Patent is invalid or unenforceable. Lumos's willful and deliberate infringement of the '234 Patent entitles OWS to enhanced damages under 35 U.S.C. § 284.
67. OWS has been damaged by Lumos's infringement of the '234 Patent and is entitled to recover damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by Lumos, together with interest and costs as fixed by the Court under 35 U.S.C. § 284. OWS has suffered and will continue to suffer irreparable harm as a result of Lumos's infringement unless Lumos is enjoined by this Court.
COUNT III — INFRINGEMENT OF U.S. PATENT NO. 11,045,678
68. OWS incorporates by reference paragraphs 1 through 53 of this Complaint as if fully set forth herein.
69. Lumos has infringed and continues to infringe one or more claims of the '678 Patent, including at least Claims 1, 2, 6, 9, and 14, in violation of 35 U.S.C. § 271(a), by making, using, selling, offering for sale, and/or importing within the United States the Accused Products, including the LumosBridge™ 800G Optical Engine and the LumosEdge™ 400ZR+ Pluggable Transceiver, without the authority or consent of OWS.
70. By way of example and without limitation, the Accused Products infringe at least Claim 1 of the '678 Patent. The Accused Products incorporate a multi-channel optical transceiver with an integrated wavelength-division multiplexing element formed on a single silicon die, as recited in the claims of the '678 Patent. On information and belief, the Accused Products include a silicon photonics die that monolithically integrates a plurality of optical transmitter channels, a plurality of optical receiver channels, and a wavelength-division multiplexing element—such as an arrayed waveguide grating or echelle grating—that multiplexes and/or demultiplexes optical signals across the plurality of channels on a single silicon substrate. These features correspond to each and every limitation recited in Claim 1 of the '678 Patent. A detailed claim chart mapping the elements of representative claims of the '678 Patent to the features of the Accused Products is attached hereto as Exhibit E-3 and incorporated herein by reference.
71. On information and belief, Lumos's 800G optical engine platform, including the LumosBridge product, practices each and every limitation of the asserted claims of the '678 Patent, either literally or under the doctrine of equivalents. Lumos has publicly described its LumosBridge product as incorporating integrated WDM functionality on a single silicon photonics die, which corresponds directly to the inventive concepts claimed in the '678 Patent. To the extent that any element of the Accused Products does not literally satisfy a claim limitation, each such element is at least equivalent to the corresponding claim limitation in that it performs substantially the same function, in substantially the same way, to achieve substantially the same result.
72. On information and belief, Lumos has had knowledge of the '678 Patent since at least the filing of this Complaint. Upon information and belief, Lumos was aware of or should have been aware of the '678 Patent prior to the filing of this Complaint through its own prior art searches and competitive monitoring of OWS's patent portfolio. Lumos operates in the same narrow technology field as OWS, competes directly with OWS for the same customers, and routinely monitors the patent portfolios of its competitors. The '678 Patent is publicly available through the USPTO and is cited in multiple published patent applications and technical publications in the field of silicon photonics. Lumos's Chief Technology Officer, Dr. Mei-Lin Chen, holds a doctorate in a field related to silicon photonics and, on information and belief, is knowledgeable about the prior art and patent landscape in this technology area.
73. Lumos's infringement of the '678 Patent has been and continues to be willful and deliberate. Lumos has continued its infringing activities with full knowledge of OWS's patent portfolio and the claims of the '678 Patent, without obtaining a competent opinion of counsel, and without undertaking any design-around efforts. OWS is entitled to enhanced damages under 35 U.S.C. § 284 on account of Lumos's willful infringement.
74. OWS has been damaged by Lumos's infringement of the '678 Patent and is entitled to recover damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by Lumos, together with interest and costs as fixed by the Court under 35 U.S.C. § 284. OWS has suffered and will continue to suffer irreparable harm as a result of Lumos's infringement unless Lumos is enjoined by this Court.
COUNT IV — INFRINGEMENT OF U.S. PATENT NO. 11,312,890
75. OWS incorporates by reference paragraphs 1 through 53 of this Complaint as if fully set forth herein.
76. Lumos has infringed and continues to infringe one or more claims of the '890 Patent, including at least Claims 1, 5, 8, and 13, in violation of 35 U.S.C. § 271(a), by making, using, selling, offering for sale, and/or importing within the United States the Accused Products, including the LumosBridge™ 800G Optical Engine and the LumosEdge™ 400ZR+ Pluggable Transceiver, without the authority or consent of OWS.
77. By way of example and without limitation, the Accused Products infringe at least Claim 1 of the '890 Patent. The Accused Products incorporate a driver circuit architecture for high-speed silicon photonic Mach-Zehnder modulators including a pre-emphasis equalization stage on a common substrate with the modulator, as recited in the claims of the '890 Patent. On information and belief, the Accused Products include a silicon photonics die incorporating one or more Mach-Zehnder modulators and a co-integrated driver circuit that includes a multi-tap pre-emphasis equalization stage disposed on the same silicon substrate as the modulator, wherein the pre-emphasis equalization stage is electrically connected to a traveling-wave electrode of the Mach-Zehnder modulator. These features correspond to each and every limitation recited in Claim 1 of the '890 Patent. A detailed claim chart mapping the elements of representative claims of the '890 Patent to the features of the Accused Products is attached hereto as Exhibit E-4 and incorporated herein by reference.
78. On information and belief, Lumos's modulator driver architecture in the LumosBridge and LumosEdge products practices each and every limitation of the asserted claims of the '890 Patent, either literally or under the doctrine of equivalents. Lumos has publicly described its products as incorporating co-integrated driver and modulator architectures with equalization capabilities, which corresponds directly to the inventive concepts claimed in the '890 Patent. To the extent that any element of the Accused Products does not literally satisfy a claim limitation, each such element is at least equivalent to the corresponding claim limitation in that it performs substantially the same function, in substantially the same way, to achieve substantially the same result.
79. The '890 Patent was issued on April 26, 2022, approximately five weeks before the filing of this Complaint. Lumos has had knowledge of the '890 Patent since at least the filing of this Complaint. On information and belief, Lumos was also aware of the underlying patent application, which was published as U.S. Patent Application Publication No. 2020/0153119 on May 14, 2020, through its competitive monitoring of OWS's patent filings. Lumos operates in the same narrow technology field as OWS and, on information and belief, routinely monitors published patent applications of its competitors.
80. Lumos's infringement of the '890 Patent has been and continues to be willful and deliberate. Lumos has manufactured and sold the Accused Products incorporating the infringing modulator driver architecture with full knowledge of OWS's intellectual property rights, without authorization from OWS, and without undertaking any design-around efforts. OWS is entitled to enhanced damages under 35 U.S.C. § 284 on account of Lumos's willful infringement.
81. OWS has been damaged by Lumos's infringement of the '890 Patent and is entitled to recover damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by Lumos, together with interest and costs as fixed by the Court under 35 U.S.C. § 284. OWS has suffered and will continue to suffer irreparable harm as a result of Lumos's infringement unless Lumos is enjoined by this Court.
VII. DEMAND FOR JURY TRIAL
82. Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, OWS hereby demands a trial by jury on all issues so triable in this action, including but not limited to infringement, willfulness, validity, damages, and any other issues properly triable to a jury.
VIII. PRAYER FOR RELIEF
WHEREFORE, Plaintiff Optiwave Semiconductor Corp. respectfully prays for the following relief:
(a) A judgment that Defendant Lumos Photonics, Inc. has infringed, either literally and/or under the doctrine of equivalents, one or more claims of each of the Patents-in-Suit: U.S. Patent Nos. 10,234,567; 10,891,234; 11,045,678; and 11,312,890;
(b) A judgment that Defendant Lumos Photonics, Inc.'s infringement of the Patents-in-Suit has been willful;
(c) An award of damages adequate to compensate OWS for Lumos's past and ongoing infringement of the Patents-in-Suit, in an amount to be proven at trial but believed to exceed $75,000,000, based on a reasonable royalty, but in no event less than a reasonable royalty for the use made of the inventions by Lumos, together with interest and costs as fixed by the Court pursuant to 35 U.S.C. § 284;
(d) An award of enhanced damages up to three times the amount of compensatory damages found or assessed pursuant to 35 U.S.C. § 284 on account of Defendant Lumos Photonics, Inc.'s willful infringement of the Patents-in-Suit;
(e) A permanent injunction enjoining Defendant Lumos Photonics, Inc., its officers, agents, servants, employees, attorneys, and all persons in active concert or participation with any of them, from further infringement of the Patents-in-Suit, including from the manufacture, use, sale, offer for sale, and importation of the Accused Products and any other products that infringe the Patents-in-Suit;
(f) A judgment declaring this case to be exceptional and awarding OWS its reasonable attorneys' fees incurred in this action pursuant to 35 U.S.C. § 285;
(g) An award of OWS's taxable costs of suit pursuant to 28 U.S.C. § 1920 and Fed. R. Civ. P. 54(d);
(h) An award of pre-judgment interest and post-judgment interest at the maximum rate allowed by law;
(i) Such other and further relief as this Court deems just and proper.
Dated: June 3, 2022
Respectfully submitted,
CALDERWOOD & HARKNESS LLP
By: ________
Alan Ngo (Cal. Bar No. 287,451; USPTO Reg. No. 52,871) Omar Siddiqui (Cal. Bar No. 304,219) Christy Bauer (Cal. Bar No. 311,087)
CALDERWOOD & HARKNESS LLP One Embarcadero Center, 34th Floor San Francisco, California 94111 Telephone: (415) 772-4000 Facsimile: (415) 772-4001
Email: ango@calderwoodharkness.com
Email: osiddiqui@calderwoodharkness.com
Email: cbauer@calderwoodharkness.com
Attorneys for Plaintiff Optiwave Semiconductor Corp.
EXHIBITS
Exhibit A — U.S. Patent No. 10,234,567 (the '567 Patent), entitled "Integrated Waveguide Coupler with Tapered Mode Converter for Silicon Photonics Platforms," issued March 19, 2019.
Exhibit B — U.S. Patent No. 10,891,234 (the '234 Patent), entitled "Germanium-on-Silicon Photodetector with Graded Buffer Layer for Enhanced Responsivity," issued January 14, 2021.
Exhibit C — U.S. Patent No. 11,045,678 (the '678 Patent), entitled "Multi-Channel Optical Transceiver with Integrated Wavelength-Division Multiplexing on Silicon," issued June 29, 2021.
Exhibit D — U.S. Patent No. 11,312,890 (the '890 Patent), entitled "Driver Circuit Architecture for High-Speed Silicon Photonic Mach-Zehnder Modulators," issued April 26, 2022.
Exhibit E — March 15, 2022 Cease-and-Desist Letter from OWS to Lumos.
Exhibit E-1 — Claim Chart: U.S. Patent No. 10,234,567, Claim 1.
Exhibit E-2 — Claim Chart: U.S. Patent No. 10,891,234, Claim 1.
Exhibit E-3 — Claim Chart: U.S. Patent No. 11,045,678, Claim 1.
Exhibit E-4 — Claim Chart: U.S. Patent No. 11,312,890, Claim 1.
OPTIWAVE SEMICONDUCTOR CORP., a Delaware corporation, | Case No. 5:22-cv-03417-EJD
Plaintiff, | COMPLAINT FOR PATENT INFRINGEMENT
v. | DEMAND FOR JURY TRIAL
LUMOS PHOTONICS, INC., a Delaware corporation, | Hon. Edward J. Torvelis
Defendant.