UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION.
AO 440 (Rev. 06/12) Summons in a Civil Action
SUMMONS IN A CIVIL ACTION
TO: Lumicore Technologies, Inc.
c/o National Agent Services Corp. (Registered Agent) 850 New Burton Road, Suite 201 Dover, DE 19904
A lawsuit has been filed against Lumicore Technologies, Inc. in the United States District Court for the Eastern District of Texas, marshall Division. The nature of this suit is Patent Infringement (Nature of Suit Code: 830). The case has been assigned Case Number 2:24-cv-00319-JRG and is pending before the Honorable James R. Gilstrap, United States District Judge.
Within 21 days after service of this summons on you (not counting the day of service), you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. If you are served outside any judicial district of the United States, the deadline to respond is 60 days after service. The answer or motion must be served on the plaintiff's attorneys:
Lead Counsel: Alan Ngo, Responsible Partner (admitted pro hac vice) Calderwood & Harkness LLP 350 South Grand Avenue, 48th Floor Los Angeles, CA 90071
Local Counsel: James "Jim" Callahan, Local Counsel Partner Whitmore & Callahan LLP 110 North College Avenue, Suite 800 Tyler, TX 75702
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the Court.
Date: April 25, 2024
CLERK OF COURT
________________________________________
Clerk, United States District Court Eastern District of Texas
By: ________
Deputy Clerk
[SEAL OF THE COURT]
PLAINTIFF'S ATTORNEY INFORMATION (FOR SERVICE PURPOSES)
Lead Counsel:
Alan Ngo Responsible Partner (admitted pro hac vice) Calderwood & Harkness LLP 350 South Grand Avenue, 48th Floor Los Angeles, CA 90071 Telephone: (213) 555-8200 Facsimile: (213) 555-8201
Email: ango@calderwoodharkness.com
Local Counsel:
James "Jim" Callahan Partner Whitmore & Callahan LLP 110 North College Avenue, Suite 800 Tyler, TX 75702 Telephone: (903) 555-4400 Facsimile: (903) 555-4401
Email: jcallahan@whitmorecallahan.com
ATTACHMENTS. The following documents are served together with this Summons:
1. Original Complaint (D.E. 1), filed April 22, 2024, asserting claims for patent infringement against Defendant Lumicore Technologies, Inc.
2. Civil Cover Sheet (JS-44, D.E. 2), filed concurrently with the Complaint on April 22, 2024.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION.
AO 440 (Rev. 06/12) Summons in a Civil Action — Proof of Service
PROOF OF SERVICE
(This section is to be completed and filed by the process server upon execution of service.)
I. Name of Individual or Entity Served:
Lumicore Technologies, Inc., c/o National Agent Services Corp. (Registered Agent)
II. Address Where Served:
850 New Burton Road, Suite 201 Dover, DE 19904
III. Date of Service:
________________________________________
IV. Manner of Service (check one and describe as applicable):
Personal service on an officer, managing or general agent, or other agent authorized by appointment or by law to receive service of process, pursuant to Fed. R. Civ. P. 4(h)(1)(B).
Name of individual served on behalf of entity: ________
Title or position of individual served: ________
Personal service on defendant's registered agent for service of process, pursuant to Fed. R. Civ. P. 4(h)(1)(B) and applicable state law.
Name of registered agent served: ________
Service by leaving copies at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there, pursuant to Fed. R. Civ. P. 4(e)(2)(B).
Service pursuant to state long-arm statute or other applicable state procedures, as authorized by Fed. R. Civ. P. 4(e)(1) or 4(h)(1)(A).
Describe method of service: ________
Other (specify): ________
V. Documents Served:
Summons
Complaint (D.E. 1)
Civil Cover Sheet (JS-44, D.E. 2)
Other (specify): ________
VI. Server Information:
Name of Server: ________
Server's Address: ________
________________________________________
Server's Telephone Number: ________
VII. Fees and Costs:
Service Fee: $ ________
Mileage / Travel Costs: $ ________
Total Costs: $ ________
VIII. 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.
Executed on ________ (date), at ________ (city and state).
________________________________________
Signature of Server
________________________________________
Printed Name of Server
________________________________________
Date Signed
Additional information regarding service of process is governed by Federal Rule of Civil Procedure 4. Questions regarding this summons should be directed to the Clerk of the United States District Court for the Eastern District of Texas.
| OPTIWAVE SEMICONDUCTOR CORP., | Civil Action No. 2:24-cv-00319-JRG |
| 4810 Bayside Technology Parkway, Suite 300 | Judge: Hon. James R. Gilstrap |
Santa Clara, CA 95054
Plaintiff,
v.
LUMICORE TECHNOLOGIES, INC.,
9200 Spectrum Boulevard, Building C
Austin, TX 78759
Defendant.
OPTIWAVE SEMICONDUCTOR CORP.,
Plaintiff,
v.
LUMICORE TECHNOLOGIES, INC.,
Defendant.