UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

[PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE

The Court, having reviewed the Joint Stipulation of Dismissal with Prejudice filed by the parties on April 10, 2023, and all papers filed in support thereof; Plaintiff Optiwave Semiconductor Corp. ("OWS") appearing through its counsel of record, Calderwood & Harkness LLP, by and through Alan Ngo, Responsible Partner; Defendant Lumos Photonics, Inc. ("Lumos") appearing through its counsel of record, Brannick Howell & Stein LLP, by and through Victoria Ashworth, Lead Partner; the parties having stipulated to the dismissal of all claims asserted by Plaintiff against Defendant and all counterclaims asserted by Defendant against Plaintiff in this action, with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(2); and good cause appearing therefor;

IT IS HEREBY ORDERED as follows:

1. Dismissal of Plaintiff's Claims. All claims asserted by Plaintiff Optiwave Semiconductor Corp. against Defendant Lumos Photonics, Inc. in the Complaint filed on June 3, 2022 (ECF No. 1), including but not limited to all claims for infringement of United States Patent Nos. 10,234,567; 10,891,234; 11,045,678; and 11,312,890, together with any and all claims for damages, injunctive relief, enhanced damages, and any other relief sought therein, are hereby DISMISSED WITH PREJUDICE.

2. Dismissal of Defendant's Counterclaims. All counterclaims asserted by Defendant Lumos Photonics, Inc. against Plaintiff Optiwave Semiconductor Corp. in the Answer and Counterclaims filed on July 29, 2022 (ECF No. 18), including but not limited to counterclaims for declaratory judgment of non-infringement and invalidity of United States Patent Nos. 10,234,567; 10,891,234; 11,045,678; and 11,312,890 under 35 U.S.C. §§ 102, 103, and 112, together with any and all claims for damages, attorneys' fees, costs, and any other relief sought therein, are hereby DISMISSED WITH PREJUDICE.

3. Costs and Attorneys' Fees. Each party shall bear its own costs and attorneys' fees incurred in connection with this action. No costs, expenses, or attorneys' fees are awarded to either party.

4. No Retention of Jurisdiction. The Court does not retain jurisdiction over this matter for purposes of enforcing any settlement agreement or other agreement between the parties. Any disputes arising out of or relating to the parties' Settlement Agreement and Mutual Release dated April 5, 2023, shall be resolved in accordance with the dispute resolution provisions contained therein.

5. Closure of Case. The Clerk of Court is hereby directed to close this case and to terminate all pending motions, hearings, and deadlines as moot. All scheduled case management conferences, pretrial deadlines, and trial dates are hereby vacated.

IT IS SO ORDERED.

Dated: April 18, 2023

________________________________________

HON. EDWARD J. TORVELIS United States District Judge

PRESENTMENT

The undersigned counsel for the parties respectfully submit this [Proposed] Order of Dismissal with Prejudice for the Court's consideration and signature:

For Plaintiff Optiwave Semiconductor Corp.:

By: ________

Alan Ngo (Cal. Bar No. 247831) CALDERWOOD & HARKNESS LLP One Embarcadero Center, 34th Floor San Francisco, CA 94111 Telephone: (415) 772-4000 Facsimile: (415) 772-4001

Attorneys for Plaintiff Optiwave Semiconductor Corp.

For Defendant Lumos Photonics, Inc.:

By: ________

Victoria "Tori" Ashworth (Cal. Bar No. 261594) BRANNICK HOWELL & STEIN LLP 555 California Street, Suite 2800 San Francisco, CA 94104 Telephone: (415) 693-2000 Facsimile: (415) 693-2001

Attorneys for Defendant Lumos Photonics, Inc.

Dated: April 10, 2023

CERTIFICATE OF SERVICE

The undersigned hereby certifies that this [Proposed] Order of Dismissal with Prejudice was submitted as an attachment to the Joint Stipulation of Dismissal with Prejudice filed on April 10, 2023, and was served on all counsel of record via electronic filing through the Court's CM/ECF system, which generates automatic electronic notice to all registered participants in this case.

By: ________

Alan Ngo

OPTIWAVE SEMICONDUCTOR CORP., a Delaware corporation,	Case No. 5:22-cv-03417-EJD
<!-- indent:2 -->Plaintiff,<!-- /indent -->	Hon. Edward J. Torvelis

v.

LUMOS PHOTONICS, INC., a Delaware corporation,

Defendant.

Record

Matter1014-00003

ClientOptiwave Semiconductor Corp

Practice areaLitigation

FolderSettlement & Dismissal

Typedocx

Size40 KB

Parties

NORTHERN DISTRICT OF CALIFORNIA SAPlaintiff Optiwave Semiconductor CorpHarkness LLPStein LLPFor Plaintiff Optiwave Semiconductor Corp

Dates

April 10, 2023June 3, 2022July 29, 2022April 5, 2023April 18, 2023

Amounts

—

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
[PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE
The Court, having reviewed the Joint Stipulation of Dismissal with Prejudice filed by the parties on April 10, 2023, and all papers filed in support thereof; Plaintiff Optiwave Semiconductor Corp. ("OWS") appearing through its counsel of record, Calderwood & Harkness LLP, by and through Alan Ngo, Responsible Partner; Defendant Lumos Photonics, Inc. ("Lumos") appearing through its counsel of record, Brannick Howell & Stein LLP, by and through Victoria Ashworth, Lead Partner; the parties having stipulated to the dismissal of all claims asserted by Plaintiff against Defendant and all counterclaims asserted by Defendant against Plaintiff in this action, with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(2); and good cause appearing therefor;
IT IS HEREBY ORDERED as follows:
1. Dismissal of Plaintiff's Claims. All claims asserted by Plaintiff Optiwave Semiconductor Corp. against Defendant Lumos Photonics, Inc. in the Complaint filed on June 3, 2022 (ECF No. 1), including but not limited to all claims for infringement of United States Patent Nos. 10,234,567; 10,891,234; 11,045,678; and 11,312,890, together with any and all claims for damages, injunctive relief, enhanced damages, and any other relief sought therein, are hereby DISMISSED WITH PREJUDICE.
2. Dismissal of Defendant's Counterclaims. All counterclaims asserted by Defendant Lumos Photonics, Inc. against Plaintiff Optiwave Semiconductor Corp. in the Answer and Counterclaims filed on July 29, 2022 (ECF No. 18), including but not limited to counterclaims for declaratory judgment of non-infringement and invalidity of United States Patent Nos. 10,234,567; 10,891,234; 11,045,678; and 11,312,890 under 35 U.S.C. §§ 102, 103, and 112, together with any and all claims for damages, attorneys' fees, costs, and any other relief sought therein, are hereby DISMISSED WITH PREJUDICE.
3. Costs and Attorneys' Fees. Each party shall bear its own costs and attorneys' fees incurred in connection with this action. No costs, expenses, or attorneys' fees are awarded to either party.
4. No Retention of Jurisdiction. The Court does not retain jurisdiction over this matter for purposes of enforcing any settlement agreement or other agreement between the parties. Any disputes arising out of or relating to the parties' Settlement Agreement and Mutual Release dated April 5, 2023, shall be resolved in accordance with the dispute resolution provisions contained therein.
5. Closure of Case. The Clerk of Court is hereby directed to close this case and to terminate all pending motions, hearings, and deadlines as moot. All scheduled case management conferences, pretrial deadlines, and trial dates are hereby vacated.
IT IS SO ORDERED.
Dated: April 18, 2023
________________________________________
HON. EDWARD J. TORVELIS United States District Judge
PRESENTMENT
The undersigned counsel for the parties respectfully submit this [Proposed] Order of Dismissal with Prejudice for the Court's consideration and signature:
For Plaintiff Optiwave Semiconductor Corp.:
By: ________
Alan Ngo (Cal. Bar No. 247831) CALDERWOOD & HARKNESS LLP One Embarcadero Center, 34th Floor San Francisco, CA 94111 Telephone: (415) 772-4000 Facsimile: (415) 772-4001
Attorneys for Plaintiff Optiwave Semiconductor Corp.
For Defendant Lumos Photonics, Inc.:
By: ________
Victoria "Tori" Ashworth (Cal. Bar No. 261594) BRANNICK HOWELL & STEIN LLP 555 California Street, Suite 2800 San Francisco, CA 94104 Telephone: (415) 693-2000 Facsimile: (415) 693-2001
Attorneys for Defendant Lumos Photonics, Inc.
Dated: April 10, 2023
CERTIFICATE OF SERVICE
The undersigned hereby certifies that this [Proposed] Order of Dismissal with Prejudice was submitted as an attachment to the Joint Stipulation of Dismissal with Prejudice filed on April 10, 2023, and was served on all counsel of record via electronic filing through the Court's CM/ECF system, which generates automatic electronic notice to all registered participants in this case.
By: ________
Alan Ngo
OPTIWAVE SEMICONDUCTOR CORP., a Delaware corporation, | Case No. 5:22-cv-03417-EJD
Plaintiff, | Hon. Edward J. Torvelis
v.
LUMOS PHOTONICS, INC., a Delaware corporation,
Defendant.