Samantha,
I hope you're doing well. I'm writing to follow up on several recent developments in *Optiwave Semiconductor Corp. v. Lumicore Technologies, Inc.*, Case No. 2:24-cv-00319-JRG (E.D. Tex.), and to propose dates for our next meet-and-confer call so we can stay on track with the discovery schedule Judge Gilstrap set in the Docket Control Order issued August 12, 2024.
**Recap of Recent Filings and Actions**
I wanted to confirm the status of a few items and thank you and Rohan for your cooperation in moving these forward efficiently:
1. *ESI Protocol Agreement.* The parties executed the ESI Protocol Agreement on August 15, 2024. I appreciate the collaborative effort it took to get that finalized — I think the framework we landed on will serve both sides well as we move into document collection and production.
2. *Proposed Stipulated Protective Order.* As you know, we jointly submitted the Proposed Stipulated Protective Order to Judge Gilstrap yesterday, August 19, 2024. The three-tier designation framework (Confidential / Highly Confidential — Attorneys' Eyes Only / Highly Confidential — Source Code) reflects our prior discussions. We are awaiting the Court's entry of the order and will of course flag any issues if the Court proposes modifications.
3. *Initial Disclosures.* Optiwave served its Rule 26(a)(1) Initial Disclosures yesterday, August 19, 2024. Could you let me know when Lumicore anticipates serving its initial disclosures? We'd like to begin reviewing them as soon as possible so we can calibrate our discovery requests accordingly.
**ESI Protocol Implementation**
Now that the ESI Protocol Agreement is in place, I'd like to start coordinating on a few implementation details:
- *Review Platform.* Per the agreed protocol, both sides will be using Relativity. If your team has a preferred Relativity workspace configuration or any technical specifications you'd like to discuss regarding data exchange, we're happy to coordinate on that during our call.
- *Search-Term Methodology.* The protocol contemplates an iterative refinement process for search terms. I'd suggest we use the upcoming meet-and-confer to discuss the process and timeline for exchanging initial search-term lists before either side runs its first document collections. Our goal would be to have a first round of proposed search terms circulated within a reasonable window after the call so we can begin the iterative process promptly.
- *Production Format.* As a reminder, the protocol provides for native-format production for source code and TIFF-plus-load-file production for all other documents. We can confirm Bates-numbering conventions and any other formatting logistics on the call.
- *Custodians.* Optiwave has identified 14 custodians in its litigation hold to date. I'd like to propose that we exchange preliminary custodian lists during the meet-and-confer so both sides have visibility into the scope of each other's collections. Could you let me know Lumicore's anticipated number of custodians and whether you foresee any issues with non-party custodians or third-party data sources?
**Proposed Meet-and-Confer Dates**
I'd like to propose the following dates for a telephonic meet-and-confer call during the week of August 26–30. I'd suggest we Block 60 to 90 minutes given the number of items to cover:
- **Tuesday, August 27, 2024** — 10:00 a.m. to 11:30 a.m. CT - **Wednesday, August 28, 2024** — 2:00 p.m. to 3:30 p.m. CT - **Thursday, August 29, 2024** — 10:00 a.m. to 11:30 a.m. CT
Please let me know which of these works best for you and Rohan, or feel free to propose alternative times. I'm happy to be flexible.
I'd propose the following agenda for the call:
1. Timing for Lumicore's Rule 26(a)(1) Initial Disclosures 2. Custodian lists and data sources (exchange of preliminary lists) 3. Search-term negotiation process and timeline 4. Document production format details and Bates-numbering conventions 5. Phased discovery approach, as contemplated in the Joint discovery Plan and Report filed July 29, 2024 6. 30(b)(6) deposition scheduling framework (also referenced in the Joint discovery Plan) 7. Privilege log protocol and rolling production schedule 8. Any issues or proposed modifications regarding the Protective Order before the Court enters it
If you have additional items you'd like to add to the agenda, please send them my way and I'll incorporate them into a circulated outline in advance of the call.
**Upcoming Written discovery**
In the interest of transparency, I want to flag that Optiwave intends to serve its First Set of Interrogatories (25 interrogatories) and First Set of Requests for Production (85 RFPs) to Lumicore on or about August 26, 2024. If it would be helpful, I'm happy to provide a courtesy preview of the general topics covered so your team can begin organizing responsive materials. Our goal is to facilitate Lumicore's timely response and avoid any unnecessary disputes down the road.
On that note, could you let me know whether Lumicore also plans to serve written discovery in a similar timeframe? If so, it may make sense to coordinate response deadlines so neither side is managing overlapping burdens without adequate notice.
**Key Scheduling Order Deadlines**
For ease of reference, here are the key upcoming deadlines from Judge Gilstrap's August 12, 2024 Docket Control Order that are most relevant to our near-term planning:
- **P.R. 3-1 Infringement Contentions:** September 16, 2024 - **P.R. 3-3 Invalidity Contentions:** October 14, 2024 - **Joint Claim Construction Statement:** October 28, 2024 - **Markman Hearing:** March 14, 2025 - **Fact discovery Close:** May 1, 2025 - **Trial:** February 2, 2026
Given the September 16 infringement contentions deadline, we'll want to make sure we're moving efficiently on initial disclosures and early document exchanges so both sides have what they need to prepare meaningful contentions.
**Closing**
I'm committed to keeping this process as smooth and cooperative as possible. Please let me know your preferred dates for the call and any additional agenda items, and we'll get something on the calendar. I'm available by phone or email if anything comes up in the meantime.
Thank you, Samantha, and I look forward to hearing from you.
Best regards,
**Wendy Schultz** Lead Associate, intellectual Property Litigation Calderwood & Harkness LLP 350 South Grand Avenue, 48th Floor Los Angeles, CA 90071 T: (213) 554-2187 E: wschultz@calderwoodharkness.com
---
*CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law, including attorney-client privilege and/or work product doctrine. If you are not an intended recipient, you are hereby notified that any dissemination, distribution, copying, or other use of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply e-mail and destroy all copies of the original message.*