UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
SUMMONS IN A CIVIL ACTION
SUMMONS IN A CIVIL ACTION
TO: Defendant Lumos Photonics, Inc.
c/o its registered agent for service of process in the State of California:
Ashgrove Services Inc. 818 West 7th Street, Suite 930 Los Angeles, CA 90017
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12(a)(2) or (3) — you must serve on the plaintiff an answer to the attached Complaint for Patent Infringement or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff's attorney, whose name and address are:
Alan Ngo, Esq. Calderwood & Harkness LLP One Embarcadero Center, 34th Floor San Francisco, CA 94111 Telephone: (415) 782-4500 Facsimile: (415) 782-4501
Email: ango@calderwoodharkness.com
If you fail to respond, judgment by default will be entered against you for the relief demanded in the Complaint. The Complaint, among other things, seeks damages believed to exceed $75,000,000 (seventy-five million dollars), enhanced damages for willful infringement pursuant to 35 U.S.C. § 284, a permanent injunction against further infringement of United States Patent Nos. 10,234,567; 10,891,234; 11,045,678; and 11,312,890, an award of attorneys' fees pursuant to 35 U.S.C. § 285, and such other and further relief as the Court deems just and proper. You are not required to file an answer or motion with the Court at this time. However, if you fail to respond to this summons and the attached Complaint within the time permitted, a default judgment may be entered against you without further notice for the relief demanded in the Complaint.
Any answer or motion to the Complaint must be served on the plaintiff's attorney named above and must also be filed with the Clerk of the Court. You must respond in accordance with Rule 12 of the Federal Rules of Civil Procedure. Merely sending a copy of your answer or motion to the plaintiff's attorney does not satisfy the requirement to file your response with the Court. You must file your response with:
Clerk of Court United States District Court Northern District of California Robert F. Peckham Federal Building and United States Courthouse 280 South 1st Street San Jose, CA 95113
If service of this summons is made upon you by delivery of a copy of the summons and of the Complaint to you personally, or if service is made upon your registered agent as authorized under Fed. R. Civ. P. 4(h)(1), you must respond within 21 days after such service, excluding the day of service. If the summons and Complaint are served upon you pursuant to a waiver of service under Fed. R. Civ. P. 4(d), you must respond within 60 days from the date on which the request for waiver was sent, or within 90 days from that date if you were addressed outside any judicial district of the United States.
Date: June 3, 2022
CLERK OF COURT
By: ________
Deputy Clerk, United States District Court Northern District of California
(SEAL OF THE UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA)
This summons is issued pursuant to Rule 4 of the Federal Rules of Civil Procedure and in the form prescribed by the Administrative Office of the United States Courts (Form AO 440, Rev. 06/12).
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
PROOF OF SERVICE OF SUMMONS
This section is to be completed by the person effecting service and returned to the Clerk of the Court.
I hereby affirm and certify that I served the summons and a true and correct copy of the Complaint for Patent Infringement, together with all exhibits and attachments thereto, upon the following:
1. Entity or Individual Served:
Lumos Photonics, Inc., a Delaware corporation, by and through service upon its registered agent for service of process in the State of California.
2. Address Where Service Was Effected:
Ashgrove Services Inc. 818 West 7th Street, Suite 930 Los Angeles, CA 90017
3. Date of Service:
June 28, 2022
4. Method of Service:
I served the summons and Complaint on the defendant's authorized agent for service of process, Ashgrove Services Inc., by delivering a true and correct copy of the summons and the Complaint (including all exhibits and civil cover sheet) to an authorized representative of Ashgrove Services Inc. at the address listed above. Service was made in accordance with Fed. R. Civ. P. 4(h)(1)(B), which authorizes service upon a domestic corporation by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process and — if the agent is one authorized by statute and the statute so requires — by also mailing a copy of each to the defendant.
5. Additional Information:
Service was completed twenty-five (25) days after issuance of the summons, which is within the ninety (90) day period prescribed by Fed. R. Civ. P. 4(m) for effecting service.
The Complaint asserts claims for infringement of four United States patents, specifically: U.S. Patent No. 10,234,567; U.S. Patent No. 10,891,234; U.S. Patent No. 11,045,678; and U.S. Patent No. 11,312,890.
Plaintiff Optiwave Semiconductor Corp. is a Delaware corporation with its principal place of business at 2775 Augustine Drive, Suite 400, San Jose, California 95054.
Defendant Lumos Photonics, Inc. is a Delaware corporation with its principal place of business at 9400 McNeil Drive, Building 7, Austin, Texas 78758, and maintains a California office at 4750 Great America Parkway, Suite 320, Santa Clara, California 95054.
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in this Proof of Service is true and correct, that I am not a party to the above-captioned action, and that I am at least eighteen (18) years of age, as required by Fed. R. Civ. P. 4(c)(2).
Name of Server: ________
Address of Server: ________
________________________________________
________________________________________
Telephone Number: ________
Fees and Mileage (if applicable):
________________________________________
Signature of Server
Date: ________
Unless service is made by a United States marshal or deputy marshal, the person effecting service must file proof of service with the Court. If service is made by a person other than a United States marshal or deputy marshal, the person must make the proof of service by affidavit or by declaration under penalty of perjury. See 28 U.S.C. § 1746. Fed. R. Civ. P. 4(l)(1).
DOCKET NOTE: Defendant Lumos Photonics, Inc. filed its Answer and Counterclaims on July 29, 2022 (Dkt. No. 14), thirty-one (31) days after service of the summons and Complaint.
| OPTIWAVE SEMICONDUCTOR CORP., | Case No. 5:22-cv-03417-EJD |
| <!-- indent:2 -->a Delaware corporation,<!-- /indent --> | SUMMONS |
| <!-- indent:4 -->Plaintiff,<!-- /indent --> | Hon. Edward J. Torvelis |
| v. | Complaint Filed: June 3, 2022 |
| LUMOS PHOTONICS, INC., | Jury Trial Demanded |
<!-- indent:2 -->a Delaware corporation,<!-- /indent -->
<!-- indent:4 -->Defendant.<!-- /indent -->
OPTIWAVE SEMICONDUCTOR CORP.,
<!-- indent:4 -->Plaintiff,<!-- /indent -->
v.
LUMOS PHOTONICS, INC.,
<!-- indent:4 -->Defendant.<!-- /indent -->
| Description | Amount |
| Service Fee: | $__ |
| Mileage (round trip): | __ miles at $_ per mile = $___ |
| Total: | $__ |