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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

PROOF OF SERVICE OF SUMMONS AND COMPLAINT

I. Caption and Docket Information

This Proof of Service is filed in the matter of Optiwave Semiconductor Corp. v. Lumicore Technologies, Inc., Case Number 2:24-cv-00319-JRG, currently pending before the Honorable Judge James R. Gilstrap in the United States District Court for the Eastern District of Texas, marshall Division.

This Proof of Service is submitted as Docket Entry No. 20 and relates to the following docket entries previously filed in this action:

D.E. 1 — Original Complaint, filed April 22, 2024;

D.E. 2 — Civil Cover Sheet (Form JS-44), filed April 22, 2024;

D.E. 5 — Summons, issued by the Clerk of the Court on April 25, 2024, directed to Defendant Lumicore Technologies, Inc.

Plaintiff Optiwave Semiconductor Corp. ("Plaintiff" or "Optiwave"), through its undersigned counsel of record, hereby files this Proof of Service to demonstrate that proper and timely service of the Summons and Original Complaint, together with all accompanying exhibits and the Civil Cover Sheet, was effectuated upon Defendant Lumicore Technologies, Inc. ("Defendant" or "Lumicore") in accordance with Rule 4 of the Federal Rules of Civil Procedure and applicable state law. In support thereof, Plaintiff submits the Declaration of Derek M. Holloway, Certified Process Server, as set forth below.

II. Affidavit / Declaration of Process Server

DECLARATION OF DEREK M. HOLLOWAY IN SUPPORT OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT

A. Identification of Process Server / Declarant

I, Derek M. Holloway, hereby declare as follows:

1. My name is Derek M. Holloway. I am a Certified Process Server duly licensed in the State of Delaware, holding Delaware Process Server License No. DE-PS-2021-04837. I am employed by Atlas Legal Process Services, LLC, a professional process serving agency with offices located at 1420 King Street, Suite 210, Wilmington, Delaware 19801.

2. I am over the age of eighteen (18) years and am not a party to the above-captioned action. I have no interest in the outcome of this litigation, financial or otherwise. I am competent to testify to the matters set forth herein based upon my personal knowledge.

3. I was retained by Calderwood & Harkness LLP, counsel for Plaintiff Optiwave Semiconductor Corp., to effectuate service of the Summons and Original Complaint, together with all accompanying exhibits and the Civil Cover Sheet, upon Defendant Lumicore Technologies, Inc. in connection with the above-captioned action.

B. Statutory Basis

4. This declaration is made under penalty of perjury pursuant to 28 U.S.C. § 1746, which permits the use of an unsworn declaration in lieu of a sworn affidavit in proceedings before courts of the United States.

5. Service of the Summons and Original Complaint upon Defendant Lumicore Technologies, Inc. was made in accordance with Federal Rule of Civil Procedure 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.

6. Service was further made in compliance with the laws of the State of Delaware governing service upon a registered agent of a corporation, specifically 10 Del. C. § 3104, which provides for service upon any corporation by delivering a copy of the process to the registered agent of the corporation within the State of Delaware. Lumicore Technologies, Inc. is a corporation organized under the laws of the State of Delaware and, as such, maintains a registered agent within that state who is authorized by law to accept service of process on its behalf.

III. Description of Documents Served

7. On May 1, 2024, I personally served the following documents, each of which constituted a true and correct copy, upon Defendant Lumicore Technologies, Inc. through its designated registered agent:

(a) Summons — A true and correct copy of the Summons issued by the Clerk of the United States District Court for the Eastern District of Texas on April 25, 2024, bearing the Court's official seal and the Clerk's signature, directed to Lumicore Technologies, Inc. as Defendant in this action, and filed as Docket Entry No. 5.

(b) Original Complaint — A true and correct copy of the Original Complaint filed by Plaintiff Optiwave Semiconductor Corp. on April 22, 2024, and docketed as Docket Entry No. 1. The Original Complaint is a verified complaint asserting seven counts against Defendant Lumicore Technologies, Inc., as follows:

(I) Infringement of United States Patent No. 10,234,847;

(II) Infringement of United States Patent No. 10,891,193;

(III) Infringement of United States Patent No. 9,678,562;

(IV) Infringement of United States Patent No. 11,402,015;

(V) Induced Infringement under 35 U.S.C. § 271(b);

(VI) Contributory Infringement under 35 U.S.C. § 271(c);

(VII) Willful Infringement and Request for Enhanced Damages under 35 U.S.C. § 284.

(c) Exhibit A — A certified copy of United States Patent No. 10,234,847, attached to and referenced in the Original Complaint.

(d) Exhibit B — A certified copy of United States Patent No. 10,891,193, attached to and referenced in the Original Complaint.

(e) Exhibit C — A certified copy of United States Patent No. 9,678,562, attached to and referenced in the Original Complaint.

(f) Exhibit D — A certified copy of United States Patent No. 11,402,015, attached to and referenced in the Original Complaint.

(g) Civil Cover Sheet (Form JS-44) — A true and correct copy of the Civil Cover Sheet filed on April 22, 2024, and docketed as Docket Entry No. 2.

8. All of the foregoing documents were complete and unaltered at the time of service. The documents were compiled, organized, and delivered as a single packet to the individual identified in Section IV below.

IV. Details of Service

A. Entity Served

9. Service was directed to and effectuated upon the following entity:

Entity Name: Lumicore Technologies, Inc.

Entity Type: Corporation

State of Incorporation: Delaware

Principal Place of Business / Headquarters: 9200 Spectrum Boulevard, Building C, Austin, Texas 78759

B. Person / Agent Served

10. Because Lumicore Technologies, Inc. is a corporation organized under the laws of the State of Delaware, service was properly made upon Lumicore's designated registered agent in the State of Delaware. The registered agent information, as reflected in the records of the Delaware Division of Corporations on file with the Delaware Secretary of State, is as follows:

Registered Agent Name: National Agent Services Corp.

Registered Agent Address: 850 New Burton Road, Suite 201, Dover, Delaware 19904

11. Upon my arrival at the registered agent's office, I presented the documents to Patricia R. Langford, an Authorized Representative of National Agent Services Corp. Ms. Langford identified herself as a duly authorized representative of National Agent Services Corp. with full authority to accept service of process on behalf of entities for which National Agent Services Corp. serves as registered agent, including Defendant Lumicore Technologies, Inc.

C. Date of Service

12. Service was effectuated on May 1, 2024, at approximately 10:47 a.m. Eastern Daylight Time (EDT).

D. Manner of Service

13. I personally appeared at the office of National Agent Services Corp. located at 850 New Burton Road, Suite 201, Dover, Delaware 19904. Upon my arrival, I identified myself as a Certified Process Server acting on behalf of Plaintiff Optiwave Semiconductor Corp. and stated my purpose of delivering legal process directed to Lumicore Technologies, Inc.

14. I personally delivered by hand true and correct copies of the Summons, the Original Complaint, Exhibits A through D (certified copies of United States Patent Nos. 10,234,847; 10,891,193; 9,678,562; and 11,402,015), and the Civil Cover Sheet (Form JS-44) to Patricia R. Langford at the registered agent's office. The documents were physically placed in her hands, and she accepted them voluntarily and without objection.

15. Upon receipt of the documents, Patricia R. Langford acknowledged service and confirmed her authorization to accept service of process on behalf of Lumicore Technologies, Inc. in her capacity as an Authorized Representative of National Agent Services Corp., the entity designated as Lumicore Technologies, Inc.'s registered agent for service of process in the State of Delaware. Ms. Langford stated that she would forward the documents to Lumicore Technologies, Inc. in accordance with National Agent Services Corp.'s standard procedures.

E. Identification Verification

16. Prior to tendering the documents, I confirmed the identity of Patricia R. Langford and verified her authority to accept service of process. Specifically, I requested and reviewed her corporate identification badge issued by National Agent Services Corp. The identification badge bore her name, photograph, title (Authorized Representative), and employee identification number. Based upon my review of this identification, I was satisfied that Ms. Langford was the person she represented herself to be and that she was duly authorized by National Agent Services Corp. to accept service of legal process on behalf of the entities it serves as registered agent, including Lumicore Technologies, Inc.

V. Declaration Under Penalty of Perjury

17. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. This declaration is executed in accordance with 28 U.S.C. § 1746.

Executed at Wilmington, Delaware, on this 1st day of May, 2024.

VI. Signature block — Process Server

________________________________________

Derek M. Holloway Certified Process Server Delaware Process Server License No.: DE-PS-2021-04837

Atlas Legal Process Services, LLC 1420 King Street, Suite 210 Wilmington, Delaware 19801 Telephone: (302) 555-0184

VII. Certificate of Filing

A. Attorney Filing the Proof of Service

This Proof of Service, together with the Declaration of Derek M. Holloway, is filed by and through the undersigned counsel for Plaintiff Optiwave Semiconductor Corp.

Law Firm: Calderwood & Harkness LLP

Filing Attorney: Alan Ngo, Partner (Intellectual Property Litigation)

Bar Admissions: Member, State Bar of California; admitted pro hac vice in the Eastern District of Texas pursuant to the Court's Order of April 28, 2024 (D.E. 4)

Office Address: 350 South Grand Avenue, 48th Floor, Los Angeles, California 90071

Telephone: (213) 555-7800

Email: ango@calderwoodharkness.com

Local Counsel: James "Jim" Callahan, Whitmore & Callahan LLP, 110 North College Avenue, Suite 800, Tyler, Texas 75702; Texas State Bar No. 04278193; admitted to practice before the United States District Court for the Eastern District of Texas.

B. Filing Particulars

This Proof of Service is being filed with the Clerk of the United States District Court for the Eastern District of Texas via the Court's Case Management / Electronic Case Files (CM/ECF) electronic filing system on May 3, 2024.

The original signed declaration of Derek M. Holloway, Certified Process Server, is being maintained in the files of Calderwood & Harkness LLP at its Los Angeles office and is available for inspection upon request of the Court or any party to this action. Undersigned counsel will promptly produce the original declaration for filing or in camera review should the Court so direct.

VIII. Signature block — Attorney of Record

Respectfully submitted,

CALDERWOOD & HARKNESS LLP

By: ________

Alan Ngo Partner 350 South Grand Avenue, 48th Floor Los Angeles, California 90071 Telephone: (213) 555-7800 Facsimile: (213) 555-7801

Email: ango@calderwoodharkness.com

Attorneys for Plaintiff Optiwave Semiconductor Corp.

WHITMORE & CALLAHAN LLP

By: ________

James "Jim" Callahan 110 North College Avenue, Suite 800 Tyler, Texas 75702 Telephone: (903) 555-4200

Email: jcallahan@whitmorecallahan.com

Local Counsel for Plaintiff Optiwave Semiconductor Corp.

IX. Certificate of Service

CERTIFICATE OF SERVICE

I hereby certify that on May 3, 2024, a true and correct copy of the foregoing Proof of Service of Summons and Complaint, including the Declaration of Derek M. Holloway, was served upon all counsel of record via the Court's CM/ECF electronic notification system, which system will send a Notice of Electronic Filing to the following registered participants:

Catherine "Kate" Rourke Hawthorne Vega & Cruz LLP 600 Congress Avenue, Suite 2400 Austin, Texas 78701

Email: krourke@hawthornvegacruz.com

Darren Cho Hawthorne Vega & Cruz LLP 600 Congress Avenue, Suite 2400 Austin, Texas 78701

Email: dcho@hawthornvegacruz.com

Maria Garza Trask Eddington LLP 425 East Front Street, Suite 300 Tyler, Texas 75701

Email: mgarza@traskeddington.com

Note: At the time of service of the Summons and Original Complaint upon Defendant Lumicore Technologies, Inc. on May 1, 2024, defense counsel had not yet formally entered an appearance in this action. Service of the Summons and Original Complaint was therefore properly effectuated upon Lumicore Technologies, Inc.'s designated registered agent, National Agent Services Corp., in accordance with Federal Rule of Civil Procedure 4(h)(1)(B) and 10 Del. C. § 3104, as set forth in the Declaration of Derek M. Holloway above. Defense counsel for Lumicore Technologies, Inc. subsequently entered their appearances in this action in connection with the filing of Defendant's Answer and Counterclaims on June 17, 2024 (D.E. 12). This Certificate of Service pertains solely to service of the instant Proof of Service filing (D.E. 20) and not to service of the original Summons and Complaint.

________________________________________

Alan Ngo CALDERWOOD & HARKNESS LLP Attorneys for Plaintiff Optiwave Semiconductor Corp.

Dated: May 3, 2024

OPTIWAVE SEMICONDUCTOR CORP.,

<!-- indent:2 -->Plaintiff,<!-- /indent -->	Case No. 2:24-cv-00319-JRG
v.	Judge James R. Gilstrap

LUMICORE TECHNOLOGIES, INC.,

Defendant.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION
PROOF OF SERVICE OF SUMMONS AND COMPLAINT
I. Caption and Docket Information
This Proof of Service is filed in the matter of Optiwave Semiconductor Corp. v. Lumicore Technologies, Inc., Case Number 2:24-cv-00319-JRG, currently pending before the Honorable Judge James R. Gilstrap in the United States District Court for the Eastern District of Texas, marshall Division.
This Proof of Service is submitted as Docket Entry No. 20 and relates to the following docket entries previously filed in this action:
D.E. 1 — Original Complaint, filed April 22, 2024;
D.E. 2 — Civil Cover Sheet (Form JS-44), filed April 22, 2024;
D.E. 5 — Summons, issued by the Clerk of the Court on April 25, 2024, directed to Defendant Lumicore Technologies, Inc.
Plaintiff Optiwave Semiconductor Corp. ("Plaintiff" or "Optiwave"), through its undersigned counsel of record, hereby files this Proof of Service to demonstrate that proper and timely service of the Summons and Original Complaint, together with all accompanying exhibits and the Civil Cover Sheet, was effectuated upon Defendant Lumicore Technologies, Inc. ("Defendant" or "Lumicore") in accordance with Rule 4 of the Federal Rules of Civil Procedure and applicable state law. In support thereof, Plaintiff submits the Declaration of Derek M. Holloway, Certified Process Server, as set forth below.
II. Affidavit / Declaration of Process Server
DECLARATION OF DEREK M. HOLLOWAY IN SUPPORT OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT
A. Identification of Process Server / Declarant
I, Derek M. Holloway, hereby declare as follows:
1. My name is Derek M. Holloway. I am a Certified Process Server duly licensed in the State of Delaware, holding Delaware Process Server License No. DE-PS-2021-04837. I am employed by Atlas Legal Process Services, LLC, a professional process serving agency with offices located at 1420 King Street, Suite 210, Wilmington, Delaware 19801.
2. I am over the age of eighteen (18) years and am not a party to the above-captioned action. I have no interest in the outcome of this litigation, financial or otherwise. I am competent to testify to the matters set forth herein based upon my personal knowledge.
3. I was retained by Calderwood & Harkness LLP, counsel for Plaintiff Optiwave Semiconductor Corp., to effectuate service of the Summons and Original Complaint, together with all accompanying exhibits and the Civil Cover Sheet, upon Defendant Lumicore Technologies, Inc. in connection with the above-captioned action.
B. Statutory Basis
4. This declaration is made under penalty of perjury pursuant to 28 U.S.C. § 1746, which permits the use of an unsworn declaration in lieu of a sworn affidavit in proceedings before courts of the United States.
5. Service of the Summons and Original Complaint upon Defendant Lumicore Technologies, Inc. was made in accordance with Federal Rule of Civil Procedure 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.
6. Service was further made in compliance with the laws of the State of Delaware governing service upon a registered agent of a corporation, specifically 10 Del. C. § 3104, which provides for service upon any corporation by delivering a copy of the process to the registered agent of the corporation within the State of Delaware. Lumicore Technologies, Inc. is a corporation organized under the laws of the State of Delaware and, as such, maintains a registered agent within that state who is authorized by law to accept service of process on its behalf.
III. Description of Documents Served
7. On May 1, 2024, I personally served the following documents, each of which constituted a true and correct copy, upon Defendant Lumicore Technologies, Inc. through its designated registered agent:
(a) Summons — A true and correct copy of the Summons issued by the Clerk of the United States District Court for the Eastern District of Texas on April 25, 2024, bearing the Court's official seal and the Clerk's signature, directed to Lumicore Technologies, Inc. as Defendant in this action, and filed as Docket Entry No. 5.
(b) Original Complaint — A true and correct copy of the Original Complaint filed by Plaintiff Optiwave Semiconductor Corp. on April 22, 2024, and docketed as Docket Entry No. 1. The Original Complaint is a verified complaint asserting seven counts against Defendant Lumicore Technologies, Inc., as follows:
(I) Infringement of United States Patent No. 10,234,847;
(II) Infringement of United States Patent No. 10,891,193;
(III) Infringement of United States Patent No. 9,678,562;
(IV) Infringement of United States Patent No. 11,402,015;
(V) Induced Infringement under 35 U.S.C. § 271(b);
(VI) Contributory Infringement under 35 U.S.C. § 271(c);
(VII) Willful Infringement and Request for Enhanced Damages under 35 U.S.C. § 284.
(c) Exhibit A — A certified copy of United States Patent No. 10,234,847, attached to and referenced in the Original Complaint.
(d) Exhibit B — A certified copy of United States Patent No. 10,891,193, attached to and referenced in the Original Complaint.
(e) Exhibit C — A certified copy of United States Patent No. 9,678,562, attached to and referenced in the Original Complaint.
(f) Exhibit D — A certified copy of United States Patent No. 11,402,015, attached to and referenced in the Original Complaint.
(g) Civil Cover Sheet (Form JS-44) — A true and correct copy of the Civil Cover Sheet filed on April 22, 2024, and docketed as Docket Entry No. 2.
8. All of the foregoing documents were complete and unaltered at the time of service. The documents were compiled, organized, and delivered as a single packet to the individual identified in Section IV below.
IV. Details of Service
A. Entity Served
9. Service was directed to and effectuated upon the following entity:
Entity Name: Lumicore Technologies, Inc.
Entity Type: Corporation
State of Incorporation: Delaware
Principal Place of Business / Headquarters: 9200 Spectrum Boulevard, Building C, Austin, Texas 78759
B. Person / Agent Served
10. Because Lumicore Technologies, Inc. is a corporation organized under the laws of the State of Delaware, service was properly made upon Lumicore's designated registered agent in the State of Delaware. The registered agent information, as reflected in the records of the Delaware Division of Corporations on file with the Delaware Secretary of State, is as follows:
Registered Agent Name: National Agent Services Corp.
Registered Agent Address: 850 New Burton Road, Suite 201, Dover, Delaware 19904
11. Upon my arrival at the registered agent's office, I presented the documents to Patricia R. Langford, an Authorized Representative of National Agent Services Corp. Ms. Langford identified herself as a duly authorized representative of National Agent Services Corp. with full authority to accept service of process on behalf of entities for which National Agent Services Corp. serves as registered agent, including Defendant Lumicore Technologies, Inc.
C. Date of Service
12. Service was effectuated on May 1, 2024, at approximately 10:47 a.m. Eastern Daylight Time (EDT).
D. Manner of Service
13. I personally appeared at the office of National Agent Services Corp. located at 850 New Burton Road, Suite 201, Dover, Delaware 19904. Upon my arrival, I identified myself as a Certified Process Server acting on behalf of Plaintiff Optiwave Semiconductor Corp. and stated my purpose of delivering legal process directed to Lumicore Technologies, Inc.
14. I personally delivered by hand true and correct copies of the Summons, the Original Complaint, Exhibits A through D (certified copies of United States Patent Nos. 10,234,847; 10,891,193; 9,678,562; and 11,402,015), and the Civil Cover Sheet (Form JS-44) to Patricia R. Langford at the registered agent's office. The documents were physically placed in her hands, and she accepted them voluntarily and without objection.
15. Upon receipt of the documents, Patricia R. Langford acknowledged service and confirmed her authorization to accept service of process on behalf of Lumicore Technologies, Inc. in her capacity as an Authorized Representative of National Agent Services Corp., the entity designated as Lumicore Technologies, Inc.'s registered agent for service of process in the State of Delaware. Ms. Langford stated that she would forward the documents to Lumicore Technologies, Inc. in accordance with National Agent Services Corp.'s standard procedures.
E. Identification Verification
16. Prior to tendering the documents, I confirmed the identity of Patricia R. Langford and verified her authority to accept service of process. Specifically, I requested and reviewed her corporate identification badge issued by National Agent Services Corp. The identification badge bore her name, photograph, title (Authorized Representative), and employee identification number. Based upon my review of this identification, I was satisfied that Ms. Langford was the person she represented herself to be and that she was duly authorized by National Agent Services Corp. to accept service of legal process on behalf of the entities it serves as registered agent, including Lumicore Technologies, Inc.
V. Declaration Under Penalty of Perjury
17. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. This declaration is executed in accordance with 28 U.S.C. § 1746.
Executed at Wilmington, Delaware, on this 1st day of May, 2024.
VI. Signature block — Process Server
________________________________________
Derek M. Holloway Certified Process Server Delaware Process Server License No.: DE-PS-2021-04837
Atlas Legal Process Services, LLC 1420 King Street, Suite 210 Wilmington, Delaware 19801 Telephone: (302) 555-0184
VII. Certificate of Filing
A. Attorney Filing the Proof of Service
This Proof of Service, together with the Declaration of Derek M. Holloway, is filed by and through the undersigned counsel for Plaintiff Optiwave Semiconductor Corp.
Law Firm: Calderwood & Harkness LLP
Filing Attorney: Alan Ngo, Partner (Intellectual Property Litigation)
Bar Admissions: Member, State Bar of California; admitted pro hac vice in the Eastern District of Texas pursuant to the Court's Order of April 28, 2024 (D.E. 4)
Office Address: 350 South Grand Avenue, 48th Floor, Los Angeles, California 90071
Telephone: (213) 555-7800
Email: ango@calderwoodharkness.com
Local Counsel: James "Jim" Callahan, Whitmore & Callahan LLP, 110 North College Avenue, Suite 800, Tyler, Texas 75702; Texas State Bar No. 04278193; admitted to practice before the United States District Court for the Eastern District of Texas.
B. Filing Particulars
This Proof of Service is being filed with the Clerk of the United States District Court for the Eastern District of Texas via the Court's Case Management / Electronic Case Files (CM/ECF) electronic filing system on May 3, 2024.
The original signed declaration of Derek M. Holloway, Certified Process Server, is being maintained in the files of Calderwood & Harkness LLP at its Los Angeles office and is available for inspection upon request of the Court or any party to this action. Undersigned counsel will promptly produce the original declaration for filing or in camera review should the Court so direct.
VIII. Signature block — Attorney of Record
Respectfully submitted,
CALDERWOOD & HARKNESS LLP
By: ________
Alan Ngo Partner 350 South Grand Avenue, 48th Floor Los Angeles, California 90071 Telephone: (213) 555-7800 Facsimile: (213) 555-7801
Email: ango@calderwoodharkness.com
Attorneys for Plaintiff Optiwave Semiconductor Corp.
WHITMORE & CALLAHAN LLP
By: ________
James "Jim" Callahan 110 North College Avenue, Suite 800 Tyler, Texas 75702 Telephone: (903) 555-4200
Email: jcallahan@whitmorecallahan.com
Local Counsel for Plaintiff Optiwave Semiconductor Corp.
IX. Certificate of Service
CERTIFICATE OF SERVICE
I hereby certify that on May 3, 2024, a true and correct copy of the foregoing Proof of Service of Summons and Complaint, including the Declaration of Derek M. Holloway, was served upon all counsel of record via the Court's CM/ECF electronic notification system, which system will send a Notice of Electronic Filing to the following registered participants:
Catherine "Kate" Rourke Hawthorne Vega & Cruz LLP 600 Congress Avenue, Suite 2400 Austin, Texas 78701
Email: krourke@hawthornvegacruz.com
Darren Cho Hawthorne Vega & Cruz LLP 600 Congress Avenue, Suite 2400 Austin, Texas 78701
Email: dcho@hawthornvegacruz.com
Maria Garza Trask Eddington LLP 425 East Front Street, Suite 300 Tyler, Texas 75701
Email: mgarza@traskeddington.com
Note: At the time of service of the Summons and Original Complaint upon Defendant Lumicore Technologies, Inc. on May 1, 2024, defense counsel had not yet formally entered an appearance in this action. Service of the Summons and Original Complaint was therefore properly effectuated upon Lumicore Technologies, Inc.'s designated registered agent, National Agent Services Corp., in accordance with Federal Rule of Civil Procedure 4(h)(1)(B) and 10 Del. C. § 3104, as set forth in the Declaration of Derek M. Holloway above. Defense counsel for Lumicore Technologies, Inc. subsequently entered their appearances in this action in connection with the filing of Defendant's Answer and Counterclaims on June 17, 2024 (D.E. 12). This Certificate of Service pertains solely to service of the instant Proof of Service filing (D.E. 20) and not to service of the original Summons and Complaint.
________________________________________
Alan Ngo CALDERWOOD & HARKNESS LLP Attorneys for Plaintiff Optiwave Semiconductor Corp.
Dated: May 3, 2024
OPTIWAVE SEMICONDUCTOR CORP.,
Plaintiff, | Case No. 2:24-cv-00319-JRG
v. | Judge James R. Gilstrap
LUMICORE TECHNOLOGIES, INC.,
Defendant.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

PROOF OF SERVICE OF SUMMONS AND COMPLAINT

CALDERWOOD & HARKNESS LLP

WHITMORE & CALLAHAN LLP

CERTIFICATE OF SERVICE

OPTIWAVE SEMICONDUCTOR CORP.,

LUMICORE TECHNOLOGIES, INC.,

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