1014-00004 · Hawthorne Vega & Cruz LLP · Willful Infringement & Enhanced Damages

draft-chen-declaration-willfulness.docx DOCUMENT Litigation

162 / 168 ← → ✕

Contract analysis Extract to table

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

OPTIWAVE SEMICONDUCTOR CORP.,

Plaintiff,

LUMICORE TECHNOLOGIES, INC.,

Defendant.

Case No. 2:24-cv-00319-JRG

Hon. James R. Gilstrap

DECLARATION OF MELISSA CHEN IN SUPPORT OF PLAINTIFF OPTIWAVE SEMICONDUCTOR CORP.'S MOTION FOR FINDING OF WILLFUL INFRINGEMENT

I, Melissa Chen, hereby declare as follows:

I. INTRODUCTION AND IDENTIFICATION OF DECLARANT

1. My name is Melissa Chen. I am over eighteen (18) years of age, I am competent to testify in this matter, and I make this declaration based on my own personal knowledge. If called as a witness, I could and would testify competently to the facts set forth herein.

2. I am currently employed as a Senior Photonic IC Design Engineer at Veridian Photonics, Inc., a California corporation. I have held this position since approximately early 2024.

3. I have no financial interest in the outcome of this litigation. I am not a party to this action, and I am not being compensated by Plaintiff Optiwave Semiconductor Corp. ("OWS" or "Optiwave"), its counsel, or any other party beyond reasonable witness fees and reimbursement of expenses incurred in connection with my time in providing this declaration and any associated testimony.

4. I make this declaration in response to a subpoena duces tecum and deposition notice served upon me on January 22, 2025. I voluntarily provide this declaration because I believe it is important that the Court have access to truthful, first-hand information regarding the matters described herein, and I understand my obligation to provide complete and accurate testimony.

II. EDUCATIONAL BACKGROUND AND PROFESSIONAL QUALIFICATIONS

5. I hold a Bachelor of Science degree in Electrical Engineering from the University of California, Berkeley, which I received in 2013. I subsequently earned a Master of Science degree in Electrical Engineering with a concentration in Photonics and Optoelectronics from Stanford University, which I received in 2015. My graduate research focused on silicon photonic waveguide design and coherent transceiver architectures for high-bandwidth optical communications.

6. I have approximately ten (10) years of professional experience in the fields of silicon photonics and photonic integrated circuit ("PIC") design. Throughout my career, I have been directly involved in the design, simulation, layout, and testing of photonic integrated circuits for optical transceiver modules used in data center and telecommunications applications.

7. My areas of professional expertise include silicon photonic transceiver design, waveguide multiplexing architectures, coherent detection module design, photonic IC layout and integration, and related semiconductor fabrication processes. I have worked extensively with silicon-on-insulator ("SOI") platform technologies and have hands-on experience with the design and characterization of grating couplers, arrayed waveguide gratings, Mach-Zehnder modulators, and photodetector arrays integrated on silicon substrates.

8. My educational background and professional experience qualify me to understand and describe the engineering activities at Lumicore Technologies, Inc. ("Lumicore") that I personally observed and participated in during my employment there, as set forth in this declaration.

III. EMPLOYMENT HISTORY AT LUMICORE TECHNOLOGIES, INC.

9. I was employed by Lumicore Technologies, Inc. from approximately June 2020 through approximately February 2024. During this period, Lumicore's headquarters and principal engineering facilities were located at 9200 Spectrum Boulevard, Building C, Austin, Texas 78759.

10. When I joined Lumicore in June 2020, I was hired as a Photonic IC Design Engineer on the company's photonic IC design team. In approximately March 2022, I was promoted to Senior Photonic IC Design Engineer, a title I held for the remainder of my tenure at the company.

11. Throughout my employment at Lumicore, I reported to and worked under the direction of Dr. Sandra Michaud, who served as Lumicore's Chief Technology Officer ("CTO"), and Dr. Eric Dalmqvist, who served as Lumicore's Vice President of Product Development. Dr. Michaud provided overall technical direction and strategic guidance for the photonic IC design team, while Dr. Dalmqvist managed the day-to-day product development activities, including milestone tracking, design reviews, and resource allocation.

12. I was a core member of the engineering team responsible for the design and development of the LumiLink 400G-ZR+ transceiver module (the "LumiLink 400G-ZR+"), which was Lumicore's first coherent pluggable transceiver product targeting the hyperscale data center interconnect market. My specific responsibilities on the LumiLink 400G-ZR+ design team included photonic IC layout design, silicon waveguide design and optimization, coherent receiver integration, and various aspects of chip-level integration and testing.

13. The LumiLink 400G-ZR+ was commercially launched by Lumicore in the third quarter of 2022, specifically in August 2022, following approximately eighteen (18) months of active design and development work that began in early 2021.

14. I am also generally aware of Lumicore's subsequent transceiver products, including the LumiLink 800G-DR8, which was launched in the first quarter of 2023 (approximately January 2023), and the LumiEdge 1600G-LR, which was launched in the fourth quarter of 2023 (approximately October 2023). While my primary design responsibilities during my tenure at Lumicore were focused on the LumiLink 400G-ZR+ program, I had visibility into the 800G-DR8 program through cross-team design reviews and shared engineering resources. I also had some knowledge of the early design stages of the LumiEdge 1600G-LR program, which was underway during my final months at Lumicore, although I was not a member of the dedicated LumiEdge design team.

IV. AWARENESS OF OPTIWAVE SEMICONDUCTOR CORP.'S PATENT PORTFOLIO AND PUBLISHED APPLICATIONS

A. General Awareness of OWS as a Competitor

15. During my employment at Lumicore, Optiwave Semiconductor Corp. ("OWS") was widely recognized within the silicon photonics industry as a leading United States-based supplier of transceiver modules designed for hyperscale data center applications. OWS, headquartered at 4810 Bayside Technology Parkway, Suite 300, Santa Clara, California 95054, was one of a small number of companies — along with Lumicore — that was developing and commercializing advanced silicon photonic transceiver modules for coherent and intensity-modulated optical interconnect applications.

16. The Lumicore engineering team was generally aware of OWS's product lines, including the OWS-400ZR and OWS-800XR transceiver module families, which competed directly with Lumicore's planned and eventual product offerings in the 400G and 800G transceiver segments. OWS's products were frequently discussed in engineering team meetings and design reviews as competitive benchmarks, and OWS's published product specifications and datasheets were routinely reviewed by the Lumicore engineering team as part of competitive analysis.

17. OWS was also known in the industry to hold a significant patent portfolio related to silicon photonic transceiver technologies. Based on my knowledge and the information available to the engineering team during the relevant time period, OWS held approximately one hundred forty-two (142) issued United States patents and had approximately fifty-eight (58) pending United States patent applications. The breadth and depth of OWS's patent portfolio was a known fact among engineers working in the silicon photonics field, and it was discussed on multiple occasions within the Lumicore engineering team.

B. Review of OWS's Published Patent Application No. 2018/0123456

18. During the active design phase of the LumiLink 400G-ZR+ module, which took place approximately during the period from early 2021 through mid-2022, members of the Lumicore engineering team — including me — accessed and reviewed United States Published Patent Application No. 2018/0123456 (hereinafter, the "Published Application"), which is titled "High-Bandwidth Coherent Optical Transceiver Integrated on Silicon Substrate."

19. As I later came to understand, this Published Application corresponds to what is now United States Patent No. 10,891,193 (the "'193 Patent"), which was filed on April 7, 2017, and issued on January 12, 2021. The '193 Patent is one of the patents asserted by OWS in this litigation.

20. The Published Application was identified during a competitive intelligence and prior-art landscape analysis that was conducted by and at the direction of the Lumicore engineering team during the LumiLink 400G-ZR+ development process. To the best of my recollection, this landscape analysis was initiated in approximately the first quarter of 2021, shortly after the formal commencement of the LumiLink 400G-ZR+ design program, and was intended to identify published patent applications and issued patents relevant to the transceiver architecture that the team was developing.

21. I personally reviewed the Published Application in detail, including its claims, specification, and figures. My review included a careful reading of the independent and dependent claims, as well as the detailed description and accompanying drawings, which disclosed, among other things, a silicon-photonic transceiver architecture, coherent detection module designs, waveguide multiplexer structures, and approaches for integration of these components on a silicon substrate.

22. I was not the only member of the Lumicore engineering team to review the Published Application. To my knowledge, other members of the LumiLink 400G-ZR+ design team also reviewed it. Significantly, the review was known to and participated in by senior engineering leadership at Lumicore. Specifically, I recall that Dr. Sandra Michaud, Lumicore's CTO, reviewed the Published Application and discussed its contents with the engineering team. I also recall that Dr. Eric Dalmqvist, Lumicore's VP of Product Development, was aware of the Published Application and participated in discussions regarding its disclosures.

23. The purpose of the team's review of the Published Application was multi-fold. First, the team reviewed it to understand OWS's claimed technology and the scope of OWS's disclosed transceiver architecture. Second, the review was intended to assess the competitive landscape and to understand how OWS's approach to coherent transceiver design compared to the approach that the Lumicore team was developing for the LumiLink 400G-ZR+. Third, the review was conducted to inform the team's own design decisions for the LumiLink 400G-ZR+ module, including with respect to waveguide multiplexer design, coherent receiver architecture, and silicon substrate integration.

24. The Published Application was discussed in multiple internal team settings during the 2021–2022 design phase. To the best of my recollection, the Published Application was specifically referenced or its disclosure discussed in the following contexts:

(a) Engineering team meetings held approximately bi-weekly during the early design phase (first and second quarters of 2021), during which the competitive landscape and prior-art survey results were presented and discussed. These meetings were attended by members of the photonic IC design team, including me, and were typically led by Dr. Dalmqvist. Dr. Michaud attended at least some of these meetings.

(b) A formal design review meeting held in approximately June or July 2021, at which the proposed transceiver architecture for the LumiLink 400G-ZR+ was presented to senior engineering leadership, including Dr. Michaud and Dr. Dalmqvist. During this design review, the OWS Published Application was specifically referenced as a relevant prior publication, and the similarities between the proposed Lumicore architecture and the architecture disclosed in the Published Application were discussed.

(c) Informal discussions among members of the design team, including conversations I personally had with colleagues regarding the OWS Published Application and its relevance to the LumiLink 400G-ZR+ design.

25. I recall that during the design review meeting referenced in paragraph 24(b) above, at least one member of the engineering team raised a question about whether the LumiLink 400G-ZR+ design, as then proposed, might overlap with OWS's published claims. I recall that Dr. Michaud acknowledged the question but indicated that the team should proceed with the design and that any intellectual property issues would be addressed through appropriate channels. I do not recall any specific follow-up to this question being communicated back to the engineering team during the design phase.

C. Awareness of Other OWS Patents or Published Applications

26. In addition to the Published Application discussed above, the Lumicore engineering team was aware of, and in some cases reviewed, other OWS patents or published applications during the LumiLink 400G-ZR+ design phase. To the best of my recollection, these included the following:

27. U.S. Patent No. 10,234,847 (the '847 Patent). This patent, titled "Multi-Channel Silicon Photonic Waveguide Multiplexer with Low Insertion Loss," was issued on March 19, 2019. I recall that the '847 Patent, or its corresponding published application, was identified during the same prior-art landscape analysis that identified the Published Application discussed in Section IV.B above. The '847 Patent was relevant to the waveguide multiplexer design being developed for the LumiLink 400G-ZR+ module, and I believe it was reviewed by at least some members of the engineering team, including me.

28. U.S. Patent No. 9,678,562 (the '562 Patent). This patent, titled "Method for Thermal Management of Photonic Integrated Circuits Using Embedded Micro-Channel Heat Sinks," was issued on June 13, 2017. I understand that the '562 Patent was originally assigned to Solara Optics, Inc. and was subsequently acquired by OWS pursuant to an asset purchase agreement dated June 15, 2018. The thermal management approaches disclosed in the '562 Patent were relevant to the LumiLink 400G-ZR+ design, as thermal management of the photonic integrated circuit was a significant engineering challenge for the module. I recall that the '562 Patent was identified during the landscape analysis and was reviewed by members of the engineering team, including me, during the 2021–2022 design phase.

29. U.S. Patent No. 11,402,015 (the '015 Patent). This patent, titled "Polarization-Diverse Grating Coupler for Silicon Photonic Transceivers," was issued on August 2, 2022. Because this patent issued during the later stages of the LumiLink 400G-ZR+ design phase, my recollection of the team's review of this specific patent is less detailed than my recollection regarding the other patents discussed above. However, I am aware that the '015 Patent and the '193 Patent share a common provisional application, specifically Provisional Application No. 62/499,117, filed April 7, 2017. Accordingly, the engineering team's review of the Published Application corresponding to the '193 Patent would have exposed the team to related disclosures concerning polarization-diverse grating coupler technology, which was disclosed in the shared provisional application's specification.

30. I also understand that the '562 Patent and the '847 Patent are in a continuation relationship. To the extent the engineering team reviewed the disclosures of either patent, the team would have been exposed to the related disclosures contained in both patents' shared prosecution history and specification.

V. RELATIONSHIP BETWEEN REVIEWED OWS DISCLOSURES AND LUMILINK 400G-ZR+ DESIGN

31. Based on my personal involvement in the design of the LumiLink 400G-ZR+ module and my review of the OWS Published Application (No. 2018/0123456, corresponding to the '193 Patent), I am able to describe factual observations regarding the relationship between the OWS disclosures reviewed by the Lumicore engineering team and the design approach ultimately adopted for the LumiLink 400G-ZR+ module. I do not offer any expert opinion regarding patent infringement, claim construction, or any other legal conclusion; rather, I describe only what I personally observed as an engineer involved in the design process.

32. Based on my personal observations, there were areas of general technical overlap between the transceiver architecture disclosed in the OWS Published Application and the design approach adopted for the LumiLink 400G-ZR+ module. Specifically, I observed similarities in the following areas:

(a) Waveguide Multiplexer Structures. The LumiLink 400G-ZR+ design incorporated a multi-channel silicon photonic waveguide multiplexer architecture that shared structural and functional similarities with the waveguide multiplexer approach disclosed in the OWS Published Application and in the '847 Patent. Both approaches utilized silicon-on-insulator waveguide structures to achieve multi-channel wavelength multiplexing with targeted low insertion loss characteristics.

(b) Coherent Detection Module Architecture. The coherent detection module architecture in the LumiLink 400G-ZR+ design shared similarities with the coherent detection module designs disclosed in the OWS Published Application. Both designs employed an integrated coherent receiver incorporating 90-degree optical hybrids and balanced photodetector pairs on a silicon substrate, consistent with the approach described in the Published Application's specification and claims.

(c) Integration Approach on a Silicon Substrate. The LumiLink 400G-ZR+ design followed an integration approach on a silicon substrate that was similar in significant respects to the silicon substrate integration approach disclosed in the OWS Published Application. Both approaches involved monolithic or hybrid integration of multiple photonic functional blocks — including modulators, waveguide multiplexers, and coherent receivers — on a common silicon photonic platform.

(d) Thermal Management Features. The LumiLink 400G-ZR+ design incorporated embedded micro-channel heat sink structures for thermal management of the photonic integrated circuit. This thermal management approach bore similarities to the methods disclosed in the '562 Patent, which the engineering team had also reviewed, as described in paragraph 28 above.

33. During the design phase, members of the Lumicore engineering team discussed the possibility that the LumiLink 400G-ZR+ design might implicate OWS's intellectual property. As I described in paragraph 25 above, at least one member of the engineering team raised a question during a design review meeting in approximately June or July 2021 about potential overlap between the proposed LumiLink design and OWS's published claims. To my recollection, this concern was acknowledged by Dr. Michaud but was not followed up with any specific directive to the engineering team regarding design modifications or avoidance of particular claim elements.

34. To the best of my knowledge, no engineer on the LumiLink 400G-ZR+ design team was instructed to conduct a formal design-around analysis or to modify the proposed transceiver architecture specifically to avoid the claims disclosed in the OWS Published Application or any other OWS patent. Similarly, to my knowledge, no freedom-to-operate assessment was requested by or provided to the engineering team during the 2021–2022 design phase with respect to OWS's patent portfolio.

VI. ABSENCE OF FORMAL DESIGN-AROUND OR FREEDOM-TO-OPERATE ANALYSIS

35. To my knowledge, no formal design-around analysis was commissioned, conducted, or provided to the LumiLink 400G-ZR+ engineering team during the 2021–2022 design and development phase of the LumiLink 400G-ZR+ module. I am not aware of any written design-around report, memorandum, or similar document being circulated to the engineering team during this period.

36. Similarly, to my knowledge, no formal freedom-to-operate opinion or clearance assessment with respect to OWS's patent portfolio was commissioned, conducted, or provided to the LumiLink 400G-ZR+ engineering team during the 2021–2022 design and development phase.

37. I am not aware of any instructions from Lumicore's legal department, including from Raymond Bautista, Lumicore's General Counsel, or from any outside counsel, directing the engineering team to avoid or design around OWS's patent claims during the 2021–2022 design phase. To the best of my recollection, neither Mr. Bautista nor any other attorney communicated to the engineering team during this period regarding OWS's intellectual property or the need to conduct any patent clearance activities in connection with the LumiLink 400G-ZR+ design.

38. I understand from publicly available filings in this litigation that Lumicore referenced "competent legal opinions" in a letter dated July 10, 2023, in which Lumicore declined a patent license from OWS. I have no personal knowledge of when any such legal opinions were obtained, who prepared them, or whether the LumiLink 400G-ZR+ engineering team was consulted in their preparation. I was not asked at any point during my tenure at Lumicore to provide technical input for any opinion-of-counsel analysis regarding OWS's patents, nor was I informed that any such analysis was being conducted.

VII. EVENTS FOLLOWING FAIRPOINT LICENSING GROUP'S NOTICE LETTERS

39. I have some awareness of communications between FairPoint Licensing Group, LLC ("FairPoint") and Lumicore concerning OWS's patent portfolio, based on information that was communicated to me and other members of the engineering team during the course of my employment at Lumicore.

40. I recall that in approximately late January or early February 2023, Dr. Eric Dalmqvist informed the engineering team — during a team meeting or in a communication to the team — that Lumicore had received a licensing letter from an entity called FairPoint Licensing Group, acting on behalf of OWS, identifying certain OWS patents and alleging that Lumicore's products potentially infringed those patents. I understand that this letter was dated January 15, 2023, and was sent by Angela Reeves, FairPoint's Managing Director, to Raymond Bautista, Lumicore's General Counsel. Based on what Dr. Dalmqvist communicated to the team, the letter identified the '847 Patent, the '193 Patent, and the '562 Patent.

41. Following Dr. Dalmqvist's communication to the team regarding the FairPoint letter, I recall that at least some members of the engineering team were asked to review the identified patents and to provide preliminary technical assessments of whether the accused products — at that time, the LumiLink 400G-ZR+ — practiced the identified patent claims. I participated in this review to some extent and provided informal feedback to Dr. Dalmqvist regarding the relevance of the identified patents to the LumiLink 400G-ZR+ design. To the best of my recollection, this review confirmed the technical overlap that the engineering team had already observed during the 2021–2022 design phase, as described in Section V above.

42. I also have some awareness of a second licensing letter from FairPoint, which I understand was dated May 15, 2023. To the best of my recollection, the team was informed that this second letter added the '015 Patent (U.S. Patent No. 11,402,015) to the list of asserted patents and expanded the scope of accused products to include the LumiLink 800G-DR8 module.

43. I am generally aware that an in-person licensing meeting took place on approximately April 20, 2023, in Austin, Texas, between representatives of FairPoint and Lumicore. I was not personally invited to or present at this meeting. To the best of my recollection, the engineering team was not directly involved in preparation for this meeting, although I recall that Dr. Dalmqvist may have been asked to provide some technical background information in advance of the meeting.

44. I recall being informed — either by Dr. Dalmqvist or through general team communications — that Lumicore had decided to decline FairPoint's licensing offer. I understand this declination was communicated in a letter dated July 10, 2023. I do not recall being given any detailed explanation for the decision to decline, other than a general indication that Lumicore's legal team had evaluated the situation and determined that a license was not necessary.

45. To the best of my knowledge, after receipt of the FairPoint notice letters, the engineering team was not directed to pursue any modifications or design-arounds to the LumiLink 400G-ZR+ or LumiLink 800G-DR8 products. I am not aware of any design modifications being implemented to either product in response to the FairPoint notice letters or in response to any analysis of OWS's patent claims. Both products continued to be manufactured and sold by Lumicore in their existing configurations, without any changes to the transceiver architecture, waveguide multiplexer design, coherent detection module, or thermal management features that I described in Section V above.

46. With respect to the LumiEdge 1600G-LR module, which was launched by Lumicore in the fourth quarter of 2023 (approximately October 2023), I have the following knowledge. The LumiEdge 1600G-LR design program was underway during the period when Lumicore was actively engaged in the FairPoint licensing discussions and had received both the January 15, 2023 and May 15, 2023 notice letters. Based on my observations during my remaining time at Lumicore, the engineering team working on the LumiEdge 1600G-LR design was aware of the pending patent dispute with OWS. Despite this awareness, I am not aware of any patent clearance, freedom-to-operate analysis, or design-around effort being conducted in connection with the LumiEdge 1600G-LR design. To my knowledge, the LumiEdge 1600G-LR was designed and launched without any formal assessment of whether its architecture might implicate OWS's asserted patents.

VIII. DEPARTURE FROM LUMICORE AND CURRENT EMPLOYMENT

47. I voluntarily departed from Lumicore Technologies, Inc. in approximately February 2024. My departure was a personal career decision based on my desire to pursue new professional opportunities. My departure was not related to this litigation, to any dispute with Lumicore, or to any of the matters described in this declaration.

48. I am currently employed as a Senior Photonic IC Design Engineer at Veridian Photonics, Inc., a California corporation, a position I have held since approximately March 2024.

49. Upon my departure from Lumicore, I executed standard separation documents. I am subject to a non-disclosure agreement ("NDA") with Lumicore that I signed at the commencement of my employment. I have complied with the terms of this NDA throughout my employment and since my departure. My testimony in this declaration concerns facts within my personal knowledge — specifically, my own observations, actions, and participation in engineering activities at Lumicore — that are not subject to any valid confidentiality restriction that would prevent disclosure in response to a lawful subpoena. To the extent Lumicore contends that any specific statement in this declaration implicates its confidentiality interests, I am prepared to address any such contention through appropriate proceedings before the Court.

50. I have not been asked by Lumicore or its counsel, Hawthorne Vega & Cruz LLP — including Catherine "Kate" Rourke and Darren Cho — to refrain from providing testimony in this matter. No representative of Lumicore or its counsel has contacted me to discourage, limit, or otherwise influence my testimony.

IX. DOCUMENTS PRODUCED OR AVAILABLE

51. In response to the subpoena duces tecum served upon me on January 22, 2025, I have identified and am prepared to produce certain documents that are within my possession, custody, or control that are responsive to the subpoena's requests and relevant to the matters described in this declaration.

52. The categories of documents that I have identified or that I recall existing at Lumicore during the relevant time period include the following:

(a) Engineering meeting minutes and design-review notes from the 2021–2022 LumiLink 400G-ZR+ development period that reference or discuss OWS's published patent applications, including the Published Application (No. 2018/0123456). I retained certain personal copies of meeting notes and agendas from this period.

(b) Emails or electronic communications among members of the LumiLink 400G-ZR+ design team that reference or discuss OWS patents or published applications. I retained limited personal copies of certain email threads from my Lumicore email account.

(c) Competitive intelligence reports or prior-art landscape analyses that were circulated to the engineering team during the LumiLink 400G-ZR+ design phase, to the extent I retained copies of such documents.

(d) Personal notes and records that I retained from my time at Lumicore, including handwritten notes from design review meetings and team discussions, to the extent such documents were not returned to Lumicore upon my departure.

53. I note that the majority of engineering records from the LumiLink 400G-ZR+ design program would be in Lumicore's possession, custody, or control, as they were created and maintained on Lumicore's internal systems, including its document management system, email servers, and engineering collaboration platforms. These documents would have been within the scope of Lumicore's document production obligations in this litigation. I understand that Lumicore has produced approximately one hundred forty-seven thousand (147,000) documents comprising approximately nine hundred eighty thousand (980,000) pages in connection with this case.

54. I am continuing to review my personal files and records to identify any additional documents responsive to the subpoena, and I will produce any such documents in accordance with the subpoena's requirements and any applicable protective order entered by the Court.

X. DECLARATION UNDER PENALTY OF PERJURY

55. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed at San Jose, California.

Dated: ____

________________________________________

Melissa Chen

LIST OF ANTICIPATED EXHIBITS TO DECLARATION OF MELISSA CHEN

Exhibit 1: Copy of U.S. Published Patent Application No. 2018/0123456 (corresponding to U.S. Patent No. 10,891,193, the '193 Patent), titled "High-Bandwidth Coherent Optical Transceiver Integrated on Silicon Substrate."

Exhibit 2: Documents from declarant's personal files produced in response to subpoena that corroborate the engineering team's review of the OWS Published Application, including annotated printouts, email chains, and/or meeting notes (to be identified and finalized during declarant preparation).

Exhibit 3: Organizational chart or team roster for the LumiLink 400G-ZR+ design team during 2021–2022, identifying team members who participated in the review of OWS's Published Application (if available).

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION
OPTIWAVE SEMICONDUCTOR CORP.,
Plaintiff,
v.
LUMICORE TECHNOLOGIES, INC.,
Defendant.
Case No. 2:24-cv-00319-JRG
Hon. James R. Gilstrap
DECLARATION OF MELISSA CHEN IN SUPPORT OF PLAINTIFF OPTIWAVE SEMICONDUCTOR CORP.'S MOTION FOR FINDING OF WILLFUL INFRINGEMENT
I, Melissa Chen, hereby declare as follows:
I. INTRODUCTION AND IDENTIFICATION OF DECLARANT
1. My name is Melissa Chen. I am over eighteen (18) years of age, I am competent to testify in this matter, and I make this declaration based on my own personal knowledge. If called as a witness, I could and would testify competently to the facts set forth herein.
2. I am currently employed as a Senior Photonic IC Design Engineer at Veridian Photonics, Inc., a California corporation. I have held this position since approximately early 2024.
3. I have no financial interest in the outcome of this litigation. I am not a party to this action, and I am not being compensated by Plaintiff Optiwave Semiconductor Corp. ("OWS" or "Optiwave"), its counsel, or any other party beyond reasonable witness fees and reimbursement of expenses incurred in connection with my time in providing this declaration and any associated testimony.
4. I make this declaration in response to a subpoena duces tecum and deposition notice served upon me on January 22, 2025. I voluntarily provide this declaration because I believe it is important that the Court have access to truthful, first-hand information regarding the matters described herein, and I understand my obligation to provide complete and accurate testimony.
II. EDUCATIONAL BACKGROUND AND PROFESSIONAL QUALIFICATIONS
5. I hold a Bachelor of Science degree in Electrical Engineering from the University of California, Berkeley, which I received in 2013. I subsequently earned a Master of Science degree in Electrical Engineering with a concentration in Photonics and Optoelectronics from Stanford University, which I received in 2015. My graduate research focused on silicon photonic waveguide design and coherent transceiver architectures for high-bandwidth optical communications.
6. I have approximately ten (10) years of professional experience in the fields of silicon photonics and photonic integrated circuit ("PIC") design. Throughout my career, I have been directly involved in the design, simulation, layout, and testing of photonic integrated circuits for optical transceiver modules used in data center and telecommunications applications.
7. My areas of professional expertise include silicon photonic transceiver design, waveguide multiplexing architectures, coherent detection module design, photonic IC layout and integration, and related semiconductor fabrication processes. I have worked extensively with silicon-on-insulator ("SOI") platform technologies and have hands-on experience with the design and characterization of grating couplers, arrayed waveguide gratings, Mach-Zehnder modulators, and photodetector arrays integrated on silicon substrates.
8. My educational background and professional experience qualify me to understand and describe the engineering activities at Lumicore Technologies, Inc. ("Lumicore") that I personally observed and participated in during my employment there, as set forth in this declaration.
III. EMPLOYMENT HISTORY AT LUMICORE TECHNOLOGIES, INC.
9. I was employed by Lumicore Technologies, Inc. from approximately June 2020 through approximately February 2024. During this period, Lumicore's headquarters and principal engineering facilities were located at 9200 Spectrum Boulevard, Building C, Austin, Texas 78759.
10. When I joined Lumicore in June 2020, I was hired as a Photonic IC Design Engineer on the company's photonic IC design team. In approximately March 2022, I was promoted to Senior Photonic IC Design Engineer, a title I held for the remainder of my tenure at the company.
11. Throughout my employment at Lumicore, I reported to and worked under the direction of Dr. Sandra Michaud, who served as Lumicore's Chief Technology Officer ("CTO"), and Dr. Eric Dalmqvist, who served as Lumicore's Vice President of Product Development. Dr. Michaud provided overall technical direction and strategic guidance for the photonic IC design team, while Dr. Dalmqvist managed the day-to-day product development activities, including milestone tracking, design reviews, and resource allocation.
12. I was a core member of the engineering team responsible for the design and development of the LumiLink 400G-ZR+ transceiver module (the "LumiLink 400G-ZR+"), which was Lumicore's first coherent pluggable transceiver product targeting the hyperscale data center interconnect market. My specific responsibilities on the LumiLink 400G-ZR+ design team included photonic IC layout design, silicon waveguide design and optimization, coherent receiver integration, and various aspects of chip-level integration and testing.
13. The LumiLink 400G-ZR+ was commercially launched by Lumicore in the third quarter of 2022, specifically in August 2022, following approximately eighteen (18) months of active design and development work that began in early 2021.
14. I am also generally aware of Lumicore's subsequent transceiver products, including the LumiLink 800G-DR8, which was launched in the first quarter of 2023 (approximately January 2023), and the LumiEdge 1600G-LR, which was launched in the fourth quarter of 2023 (approximately October 2023). While my primary design responsibilities during my tenure at Lumicore were focused on the LumiLink 400G-ZR+ program, I had visibility into the 800G-DR8 program through cross-team design reviews and shared engineering resources. I also had some knowledge of the early design stages of the LumiEdge 1600G-LR program, which was underway during my final months at Lumicore, although I was not a member of the dedicated LumiEdge design team.
IV. AWARENESS OF OPTIWAVE SEMICONDUCTOR CORP.'S PATENT PORTFOLIO AND PUBLISHED APPLICATIONS
A. General Awareness of OWS as a Competitor
15. During my employment at Lumicore, Optiwave Semiconductor Corp. ("OWS") was widely recognized within the silicon photonics industry as a leading United States-based supplier of transceiver modules designed for hyperscale data center applications. OWS, headquartered at 4810 Bayside Technology Parkway, Suite 300, Santa Clara, California 95054, was one of a small number of companies — along with Lumicore — that was developing and commercializing advanced silicon photonic transceiver modules for coherent and intensity-modulated optical interconnect applications.
16. The Lumicore engineering team was generally aware of OWS's product lines, including the OWS-400ZR and OWS-800XR transceiver module families, which competed directly with Lumicore's planned and eventual product offerings in the 400G and 800G transceiver segments. OWS's products were frequently discussed in engineering team meetings and design reviews as competitive benchmarks, and OWS's published product specifications and datasheets were routinely reviewed by the Lumicore engineering team as part of competitive analysis.
17. OWS was also known in the industry to hold a significant patent portfolio related to silicon photonic transceiver technologies. Based on my knowledge and the information available to the engineering team during the relevant time period, OWS held approximately one hundred forty-two (142) issued United States patents and had approximately fifty-eight (58) pending United States patent applications. The breadth and depth of OWS's patent portfolio was a known fact among engineers working in the silicon photonics field, and it was discussed on multiple occasions within the Lumicore engineering team.
B. Review of OWS's Published Patent Application No. 2018/0123456
18. During the active design phase of the LumiLink 400G-ZR+ module, which took place approximately during the period from early 2021 through mid-2022, members of the Lumicore engineering team — including me — accessed and reviewed United States Published Patent Application No. 2018/0123456 (hereinafter, the "Published Application"), which is titled "High-Bandwidth Coherent Optical Transceiver Integrated on Silicon Substrate."
19. As I later came to understand, this Published Application corresponds to what is now United States Patent No. 10,891,193 (the "'193 Patent"), which was filed on April 7, 2017, and issued on January 12, 2021. The '193 Patent is one of the patents asserted by OWS in this litigation.
20. The Published Application was identified during a competitive intelligence and prior-art landscape analysis that was conducted by and at the direction of the Lumicore engineering team during the LumiLink 400G-ZR+ development process. To the best of my recollection, this landscape analysis was initiated in approximately the first quarter of 2021, shortly after the formal commencement of the LumiLink 400G-ZR+ design program, and was intended to identify published patent applications and issued patents relevant to the transceiver architecture that the team was developing.
21. I personally reviewed the Published Application in detail, including its claims, specification, and figures. My review included a careful reading of the independent and dependent claims, as well as the detailed description and accompanying drawings, which disclosed, among other things, a silicon-photonic transceiver architecture, coherent detection module designs, waveguide multiplexer structures, and approaches for integration of these components on a silicon substrate.
22. I was not the only member of the Lumicore engineering team to review the Published Application. To my knowledge, other members of the LumiLink 400G-ZR+ design team also reviewed it. Significantly, the review was known to and participated in by senior engineering leadership at Lumicore. Specifically, I recall that Dr. Sandra Michaud, Lumicore's CTO, reviewed the Published Application and discussed its contents with the engineering team. I also recall that Dr. Eric Dalmqvist, Lumicore's VP of Product Development, was aware of the Published Application and participated in discussions regarding its disclosures.
23. The purpose of the team's review of the Published Application was multi-fold. First, the team reviewed it to understand OWS's claimed technology and the scope of OWS's disclosed transceiver architecture. Second, the review was intended to assess the competitive landscape and to understand how OWS's approach to coherent transceiver design compared to the approach that the Lumicore team was developing for the LumiLink 400G-ZR+. Third, the review was conducted to inform the team's own design decisions for the LumiLink 400G-ZR+ module, including with respect to waveguide multiplexer design, coherent receiver architecture, and silicon substrate integration.
24. The Published Application was discussed in multiple internal team settings during the 2021–2022 design phase. To the best of my recollection, the Published Application was specifically referenced or its disclosure discussed in the following contexts:
(a) Engineering team meetings held approximately bi-weekly during the early design phase (first and second quarters of 2021), during which the competitive landscape and prior-art survey results were presented and discussed. These meetings were attended by members of the photonic IC design team, including me, and were typically led by Dr. Dalmqvist. Dr. Michaud attended at least some of these meetings.
(b) A formal design review meeting held in approximately June or July 2021, at which the proposed transceiver architecture for the LumiLink 400G-ZR+ was presented to senior engineering leadership, including Dr. Michaud and Dr. Dalmqvist. During this design review, the OWS Published Application was specifically referenced as a relevant prior publication, and the similarities between the proposed Lumicore architecture and the architecture disclosed in the Published Application were discussed.
(c) Informal discussions among members of the design team, including conversations I personally had with colleagues regarding the OWS Published Application and its relevance to the LumiLink 400G-ZR+ design.
25. I recall that during the design review meeting referenced in paragraph 24(b) above, at least one member of the engineering team raised a question about whether the LumiLink 400G-ZR+ design, as then proposed, might overlap with OWS's published claims. I recall that Dr. Michaud acknowledged the question but indicated that the team should proceed with the design and that any intellectual property issues would be addressed through appropriate channels. I do not recall any specific follow-up to this question being communicated back to the engineering team during the design phase.
C. Awareness of Other OWS Patents or Published Applications
26. In addition to the Published Application discussed above, the Lumicore engineering team was aware of, and in some cases reviewed, other OWS patents or published applications during the LumiLink 400G-ZR+ design phase. To the best of my recollection, these included the following:
27. U.S. Patent No. 10,234,847 (the '847 Patent). This patent, titled "Multi-Channel Silicon Photonic Waveguide Multiplexer with Low Insertion Loss," was issued on March 19, 2019. I recall that the '847 Patent, or its corresponding published application, was identified during the same prior-art landscape analysis that identified the Published Application discussed in Section IV.B above. The '847 Patent was relevant to the waveguide multiplexer design being developed for the LumiLink 400G-ZR+ module, and I believe it was reviewed by at least some members of the engineering team, including me.
28. U.S. Patent No. 9,678,562 (the '562 Patent). This patent, titled "Method for Thermal Management of Photonic Integrated Circuits Using Embedded Micro-Channel Heat Sinks," was issued on June 13, 2017. I understand that the '562 Patent was originally assigned to Solara Optics, Inc. and was subsequently acquired by OWS pursuant to an asset purchase agreement dated June 15, 2018. The thermal management approaches disclosed in the '562 Patent were relevant to the LumiLink 400G-ZR+ design, as thermal management of the photonic integrated circuit was a significant engineering challenge for the module. I recall that the '562 Patent was identified during the landscape analysis and was reviewed by members of the engineering team, including me, during the 2021–2022 design phase.
29. U.S. Patent No. 11,402,015 (the '015 Patent). This patent, titled "Polarization-Diverse Grating Coupler for Silicon Photonic Transceivers," was issued on August 2, 2022. Because this patent issued during the later stages of the LumiLink 400G-ZR+ design phase, my recollection of the team's review of this specific patent is less detailed than my recollection regarding the other patents discussed above. However, I am aware that the '015 Patent and the '193 Patent share a common provisional application, specifically Provisional Application No. 62/499,117, filed April 7, 2017. Accordingly, the engineering team's review of the Published Application corresponding to the '193 Patent would have exposed the team to related disclosures concerning polarization-diverse grating coupler technology, which was disclosed in the shared provisional application's specification.
30. I also understand that the '562 Patent and the '847 Patent are in a continuation relationship. To the extent the engineering team reviewed the disclosures of either patent, the team would have been exposed to the related disclosures contained in both patents' shared prosecution history and specification.
V. RELATIONSHIP BETWEEN REVIEWED OWS DISCLOSURES AND LUMILINK 400G-ZR+ DESIGN
31. Based on my personal involvement in the design of the LumiLink 400G-ZR+ module and my review of the OWS Published Application (No. 2018/0123456, corresponding to the '193 Patent), I am able to describe factual observations regarding the relationship between the OWS disclosures reviewed by the Lumicore engineering team and the design approach ultimately adopted for the LumiLink 400G-ZR+ module. I do not offer any expert opinion regarding patent infringement, claim construction, or any other legal conclusion; rather, I describe only what I personally observed as an engineer involved in the design process.
32. Based on my personal observations, there were areas of general technical overlap between the transceiver architecture disclosed in the OWS Published Application and the design approach adopted for the LumiLink 400G-ZR+ module. Specifically, I observed similarities in the following areas:
(a) Waveguide Multiplexer Structures. The LumiLink 400G-ZR+ design incorporated a multi-channel silicon photonic waveguide multiplexer architecture that shared structural and functional similarities with the waveguide multiplexer approach disclosed in the OWS Published Application and in the '847 Patent. Both approaches utilized silicon-on-insulator waveguide structures to achieve multi-channel wavelength multiplexing with targeted low insertion loss characteristics.
(b) Coherent Detection Module Architecture. The coherent detection module architecture in the LumiLink 400G-ZR+ design shared similarities with the coherent detection module designs disclosed in the OWS Published Application. Both designs employed an integrated coherent receiver incorporating 90-degree optical hybrids and balanced photodetector pairs on a silicon substrate, consistent with the approach described in the Published Application's specification and claims.
(c) Integration Approach on a Silicon Substrate. The LumiLink 400G-ZR+ design followed an integration approach on a silicon substrate that was similar in significant respects to the silicon substrate integration approach disclosed in the OWS Published Application. Both approaches involved monolithic or hybrid integration of multiple photonic functional blocks — including modulators, waveguide multiplexers, and coherent receivers — on a common silicon photonic platform.
(d) Thermal Management Features. The LumiLink 400G-ZR+ design incorporated embedded micro-channel heat sink structures for thermal management of the photonic integrated circuit. This thermal management approach bore similarities to the methods disclosed in the '562 Patent, which the engineering team had also reviewed, as described in paragraph 28 above.
33. During the design phase, members of the Lumicore engineering team discussed the possibility that the LumiLink 400G-ZR+ design might implicate OWS's intellectual property. As I described in paragraph 25 above, at least one member of the engineering team raised a question during a design review meeting in approximately June or July 2021 about potential overlap between the proposed LumiLink design and OWS's published claims. To my recollection, this concern was acknowledged by Dr. Michaud but was not followed up with any specific directive to the engineering team regarding design modifications or avoidance of particular claim elements.
34. To the best of my knowledge, no engineer on the LumiLink 400G-ZR+ design team was instructed to conduct a formal design-around analysis or to modify the proposed transceiver architecture specifically to avoid the claims disclosed in the OWS Published Application or any other OWS patent. Similarly, to my knowledge, no freedom-to-operate assessment was requested by or provided to the engineering team during the 2021–2022 design phase with respect to OWS's patent portfolio.
VI. ABSENCE OF FORMAL DESIGN-AROUND OR FREEDOM-TO-OPERATE ANALYSIS
35. To my knowledge, no formal design-around analysis was commissioned, conducted, or provided to the LumiLink 400G-ZR+ engineering team during the 2021–2022 design and development phase of the LumiLink 400G-ZR+ module. I am not aware of any written design-around report, memorandum, or similar document being circulated to the engineering team during this period.
36. Similarly, to my knowledge, no formal freedom-to-operate opinion or clearance assessment with respect to OWS's patent portfolio was commissioned, conducted, or provided to the LumiLink 400G-ZR+ engineering team during the 2021–2022 design and development phase.
37. I am not aware of any instructions from Lumicore's legal department, including from Raymond Bautista, Lumicore's General Counsel, or from any outside counsel, directing the engineering team to avoid or design around OWS's patent claims during the 2021–2022 design phase. To the best of my recollection, neither Mr. Bautista nor any other attorney communicated to the engineering team during this period regarding OWS's intellectual property or the need to conduct any patent clearance activities in connection with the LumiLink 400G-ZR+ design.
38. I understand from publicly available filings in this litigation that Lumicore referenced "competent legal opinions" in a letter dated July 10, 2023, in which Lumicore declined a patent license from OWS. I have no personal knowledge of when any such legal opinions were obtained, who prepared them, or whether the LumiLink 400G-ZR+ engineering team was consulted in their preparation. I was not asked at any point during my tenure at Lumicore to provide technical input for any opinion-of-counsel analysis regarding OWS's patents, nor was I informed that any such analysis was being conducted.
VII. EVENTS FOLLOWING FAIRPOINT LICENSING GROUP'S NOTICE LETTERS
39. I have some awareness of communications between FairPoint Licensing Group, LLC ("FairPoint") and Lumicore concerning OWS's patent portfolio, based on information that was communicated to me and other members of the engineering team during the course of my employment at Lumicore.
40. I recall that in approximately late January or early February 2023, Dr. Eric Dalmqvist informed the engineering team — during a team meeting or in a communication to the team — that Lumicore had received a licensing letter from an entity called FairPoint Licensing Group, acting on behalf of OWS, identifying certain OWS patents and alleging that Lumicore's products potentially infringed those patents. I understand that this letter was dated January 15, 2023, and was sent by Angela Reeves, FairPoint's Managing Director, to Raymond Bautista, Lumicore's General Counsel. Based on what Dr. Dalmqvist communicated to the team, the letter identified the '847 Patent, the '193 Patent, and the '562 Patent.
41. Following Dr. Dalmqvist's communication to the team regarding the FairPoint letter, I recall that at least some members of the engineering team were asked to review the identified patents and to provide preliminary technical assessments of whether the accused products — at that time, the LumiLink 400G-ZR+ — practiced the identified patent claims. I participated in this review to some extent and provided informal feedback to Dr. Dalmqvist regarding the relevance of the identified patents to the LumiLink 400G-ZR+ design. To the best of my recollection, this review confirmed the technical overlap that the engineering team had already observed during the 2021–2022 design phase, as described in Section V above.
42. I also have some awareness of a second licensing letter from FairPoint, which I understand was dated May 15, 2023. To the best of my recollection, the team was informed that this second letter added the '015 Patent (U.S. Patent No. 11,402,015) to the list of asserted patents and expanded the scope of accused products to include the LumiLink 800G-DR8 module.
43. I am generally aware that an in-person licensing meeting took place on approximately April 20, 2023, in Austin, Texas, between representatives of FairPoint and Lumicore. I was not personally invited to or present at this meeting. To the best of my recollection, the engineering team was not directly involved in preparation for this meeting, although I recall that Dr. Dalmqvist may have been asked to provide some technical background information in advance of the meeting.
44. I recall being informed — either by Dr. Dalmqvist or through general team communications — that Lumicore had decided to decline FairPoint's licensing offer. I understand this declination was communicated in a letter dated July 10, 2023. I do not recall being given any detailed explanation for the decision to decline, other than a general indication that Lumicore's legal team had evaluated the situation and determined that a license was not necessary.
45. To the best of my knowledge, after receipt of the FairPoint notice letters, the engineering team was not directed to pursue any modifications or design-arounds to the LumiLink 400G-ZR+ or LumiLink 800G-DR8 products. I am not aware of any design modifications being implemented to either product in response to the FairPoint notice letters or in response to any analysis of OWS's patent claims. Both products continued to be manufactured and sold by Lumicore in their existing configurations, without any changes to the transceiver architecture, waveguide multiplexer design, coherent detection module, or thermal management features that I described in Section V above.
46. With respect to the LumiEdge 1600G-LR module, which was launched by Lumicore in the fourth quarter of 2023 (approximately October 2023), I have the following knowledge. The LumiEdge 1600G-LR design program was underway during the period when Lumicore was actively engaged in the FairPoint licensing discussions and had received both the January 15, 2023 and May 15, 2023 notice letters. Based on my observations during my remaining time at Lumicore, the engineering team working on the LumiEdge 1600G-LR design was aware of the pending patent dispute with OWS. Despite this awareness, I am not aware of any patent clearance, freedom-to-operate analysis, or design-around effort being conducted in connection with the LumiEdge 1600G-LR design. To my knowledge, the LumiEdge 1600G-LR was designed and launched without any formal assessment of whether its architecture might implicate OWS's asserted patents.
VIII. DEPARTURE FROM LUMICORE AND CURRENT EMPLOYMENT
47. I voluntarily departed from Lumicore Technologies, Inc. in approximately February 2024. My departure was a personal career decision based on my desire to pursue new professional opportunities. My departure was not related to this litigation, to any dispute with Lumicore, or to any of the matters described in this declaration.
48. I am currently employed as a Senior Photonic IC Design Engineer at Veridian Photonics, Inc., a California corporation, a position I have held since approximately March 2024.
49. Upon my departure from Lumicore, I executed standard separation documents. I am subject to a non-disclosure agreement ("NDA") with Lumicore that I signed at the commencement of my employment. I have complied with the terms of this NDA throughout my employment and since my departure. My testimony in this declaration concerns facts within my personal knowledge — specifically, my own observations, actions, and participation in engineering activities at Lumicore — that are not subject to any valid confidentiality restriction that would prevent disclosure in response to a lawful subpoena. To the extent Lumicore contends that any specific statement in this declaration implicates its confidentiality interests, I am prepared to address any such contention through appropriate proceedings before the Court.
50. I have not been asked by Lumicore or its counsel, Hawthorne Vega & Cruz LLP — including Catherine "Kate" Rourke and Darren Cho — to refrain from providing testimony in this matter. No representative of Lumicore or its counsel has contacted me to discourage, limit, or otherwise influence my testimony.
IX. DOCUMENTS PRODUCED OR AVAILABLE
51. In response to the subpoena duces tecum served upon me on January 22, 2025, I have identified and am prepared to produce certain documents that are within my possession, custody, or control that are responsive to the subpoena's requests and relevant to the matters described in this declaration.
52. The categories of documents that I have identified or that I recall existing at Lumicore during the relevant time period include the following:
(a) Engineering meeting minutes and design-review notes from the 2021–2022 LumiLink 400G-ZR+ development period that reference or discuss OWS's published patent applications, including the Published Application (No. 2018/0123456). I retained certain personal copies of meeting notes and agendas from this period.
(b) Emails or electronic communications among members of the LumiLink 400G-ZR+ design team that reference or discuss OWS patents or published applications. I retained limited personal copies of certain email threads from my Lumicore email account.
(c) Competitive intelligence reports or prior-art landscape analyses that were circulated to the engineering team during the LumiLink 400G-ZR+ design phase, to the extent I retained copies of such documents.
(d) Personal notes and records that I retained from my time at Lumicore, including handwritten notes from design review meetings and team discussions, to the extent such documents were not returned to Lumicore upon my departure.
53. I note that the majority of engineering records from the LumiLink 400G-ZR+ design program would be in Lumicore's possession, custody, or control, as they were created and maintained on Lumicore's internal systems, including its document management system, email servers, and engineering collaboration platforms. These documents would have been within the scope of Lumicore's document production obligations in this litigation. I understand that Lumicore has produced approximately one hundred forty-seven thousand (147,000) documents comprising approximately nine hundred eighty thousand (980,000) pages in connection with this case.
54. I am continuing to review my personal files and records to identify any additional documents responsive to the subpoena, and I will produce any such documents in accordance with the subpoena's requirements and any applicable protective order entered by the Court.
X. DECLARATION UNDER PENALTY OF PERJURY
55. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
Executed at San Jose, California.
Dated: ____
________________________________________
Melissa Chen
LIST OF ANTICIPATED EXHIBITS TO DECLARATION OF MELISSA CHEN
Exhibit 1: Copy of U.S. Published Patent Application No. 2018/0123456 (corresponding to U.S. Patent No. 10,891,193, the '193 Patent), titled "High-Bandwidth Coherent Optical Transceiver Integrated on Silicon Substrate."
Exhibit 2: Documents from declarant's personal files produced in response to subpoena that corroborate the engineering team's review of the OWS Published Application, including annotated printouts, email chains, and/or meeting notes (to be identified and finalized during declarant preparation).
Exhibit 3: Organizational chart or team roster for the LumiLink 400G-ZR+ design team during 2021–2022, identifying team members who participated in the review of OWS's Published Application (if available).