1042-00003 · Whitmore & Falk LLP · Diligence

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PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION ATTORNEY WORK PRODUCT

MEMORANDUM

July 12, 2023

FROM: Wendy Schultz, Senior Associate, intellectual Property, and Omar Siddiqui, Associate, intellectual Property — Calderwood & Harkness LLP, 700 Louisiana Street, Suite 3400, Houston, TX 77002

TO: Catherine Bloom, Partner, intellectual Property, Calderwood & Harkness LLP; Daniel Oshiro, General Counsel, Brightfield Cloud Services Inc.

RE: DeltaSync Patent Portfolio — Preliminary Patent Landscape Analysis and Freedom-to-Operate Assessment

Matter No.: 1042-00003

Billing Code: BCS-NEXILIS-LIC-2023

I. Executive Summary

This memorandum summarizes the findings from the preliminary patent landscape and freedom-to-operate ("FTO") analysis conducted by Crestline Patent Analytics LLC ("Crestline"), the final report of which was delivered to Calderwood & Harkness LLP on July 10, 2023. The purpose of this memorandum is to distill Crestline's findings, provide our independent assessment of the associated legal risks, and outline recommended next steps for the consideration of Brightfield Cloud Services Inc. ("Brightfield" or "BCS") and its leadership team.

As background, Brightfield is currently negotiating an inbound exclusive technology license from Nexilis Innovations Ltd. ("Nexilis") for Nexilis's patented distributed-cache orchestration technology, which Nexilis markets commercially under the name "DeltaSync Platform." The DeltaSync Platform enables sub-millisecond data synchronization across geographically dispersed cloud nodes and represents a potentially transformative addition to Brightfield's existing technology stack.

The proposed aggregate license fee for the DeltaSync technology is $8,000,000, structured as follows: (i) an upfront payment of $3,200,000 due at the effective date of the license agreement, and (ii) annual maintenance and support payments of $1,600,000 per year for a period of three years following the effective date. The proposed license term is five years from the effective date, with an option for Brightfield to renew for successive two-year terms upon mutual agreement. The license is contemplated as fully paid-up with no per-unit or percentage-based royalties within the permitted field of use.

Brightfield intends to integrate the DeltaSync technology into its proprietary "Stratos" enterprise cloud-management platform. Stratos serves as Brightfield's flagship offering to enterprise customers, providing a unified control plane for managing hybrid-cloud and multi-cloud environments. The integration of DeltaSync is intended to enable real-time cache coherence for multi-region customer deployments, a capability that Brightfield's product leadership has identified as a critical competitive differentiator in the enterprise SaaS market.

High-Level Conclusion. Based on our review of the Crestline report and our own preliminary analysis, we conclude that the DeltaSync patent portfolio is substantive and covers core distributed-cache orchestration methods and systems. The portfolio, if properly licensed, would provide Brightfield with meaningful intellectual property protections and competitive advantages in its target markets. The FTO analysis identifies moderate risk areas involving potential third-party blocking patents that warrant further investigation and, in certain instances, detailed claim charting against the specific Stratos platform architecture. Importantly, however, no absolute bars to integration of DeltaSync into the Stratos platform have been identified at this preliminary stage. We believe the identified risks are manageable with appropriate contractual protections and further technical diligence, as discussed in greater detail below.

The total disbursement for Crestline's preliminary engagement was $42,500, which has been invoiced to the matter and will appear on Brightfield's next billing statement.

II. Engagement Background

Retention of Crestline Patent Analytics LLC

On June 26, 2023, Calderwood & Harkness LLP, acting on behalf of and at the direction of Brightfield, retained Crestline Patent Analytics LLC ("Crestline"), located at 2301 Wilson Boulevard, Suite 710, Arlington, VA 22201, to conduct a patent landscape assessment and preliminary FTO analysis of the DeltaSync intellectual property portfolio. The engagement was conducted under the direction of Dr. Vanessa Polk, who serves as Crestline's Managing Director and engagement lead for this matter. Dr. Polk has more than eighteen years of experience in patent analytics and prosecution support, with particular expertise in cloud computing, distributed systems, and software architecture technologies. Calderwood & Harkness has engaged Crestline on several prior patent diligence matters and has confidence in the quality and thoroughness of their analytical work.

Crestline delivered its preliminary patent landscape memorandum to this firm on July 10, 2023. We have reviewed that memorandum in its entirety and have consulted with Dr. Polk and her team regarding certain aspects of the analysis that are discussed further below. Crestline's report is protected by the attorney-client privilege and work product doctrine, as it was prepared at the direction of counsel in anticipation of providing legal advice to Brightfield. The report should not be shared outside of the privileged communication chain without prior authorization from Catherine Bloom.

Scope of Engagement

The scope of the Crestline engagement encompassed the following four workstreams:

(a) Portfolio Analysis. Analysis of all issued and pending DeltaSync patents and patent applications, including review of patent claims, specifications, and available prosecution history materials;

(b) Claim Scope and Strength Assessment. Identification and evaluation of the scope and strength of Nexilis's patent claims, including an assessment of claim breadth, potential invalidity risks, and overall portfolio cohesion;

(c) Third-Party Patent Search. Targeted search for potentially blocking third-party patents relevant to Brightfield's planned integration of DeltaSync into the Stratos platform, utilizing keyword, classification-code, and citation-based search methodologies across multiple patent databases; and

(d) Preliminary FTO Opinion. Formulation of a preliminary freedom-to-operate opinion regarding Brightfield's proposed use case, specifically the integration of DeltaSync distributed-cache orchestration technology into the Stratos enterprise cloud-management platform for deployment to enterprise customers across multiple industry verticals.

Brightfield Background

Brightfield Cloud Services Inc. is a Delaware corporation headquartered at 4200 Bluebonnet Parkway, Suite 1100, Austin, TX 78745. Brightfield operates an enterprise SaaS platform and develops hybrid-cloud hardware appliances that enable organizations to manage complex multi-cloud environments through a single unified interface. Brightfield's annual recurring revenue ("ARR") for fiscal year 2022 was approximately $142,000,000, and the company employs approximately 620 employees across offices in Austin, Seattle, and Raleigh. Brightfield is a portfolio company of Vantage Summit Capital Partners, LP, a growth-equity fund based in San Francisco, which acquired a majority interest in Brightfield in 2020. The Stratos platform, which is the intended integration target for the DeltaSync technology, represents approximately seventy percent of Brightfield's total ARR and serves more than 280 enterprise customers across the financial services, healthcare, logistics, and technology sectors.

Nexilis Background

Nexilis Innovations Ltd. is a Delaware corporation with principal offices at 77 Kendall Square, Suite 400, Cambridge, MA 02139. Nexilis is a deep-tech R&D firm founded in 2017 by Dr. Samira Hajjar and Dr. Eoin Callahan, both former researchers at the Massachusetts Institute of Technology with backgrounds in distributed systems and high-performance computing. Nexilis's business model centers on technology licensing and sponsored research engagements, with total revenue of approximately $31,000,000 for fiscal year 2022. The company employs approximately 85 employees, the majority of whom are research engineers and scientists. Nexilis has been funded through a Series B financing round, with Ridgeline Ventures serving as lead investor and Ashcroft Meridian Partners participating as co-investor. The specific terms of the Series B financing are not currently available to us, and as discussed below, we recommend further diligence to confirm whether any of Nexilis's intellectual property is subject to security interests or other encumbrances under its investor or credit agreements.

III. Overview of the DeltaSync Patent Portfolio

A. Issued U.S. Utility Patents

Nexilis currently holds fourteen (14) issued U.S. utility patents, numbered U.S. Patent Nos. 11,234,567 through 11,234,580 (collectively, the "DeltaSync Patents"). These patents collectively cover the core technology underlying the DeltaSync Platform, which relates to distributed-cache orchestration enabling sub-millisecond data synchronization across geographically dispersed cloud nodes. The patents span a range of technological innovations, from foundational cache coherence protocols to higher-level orchestration architectures and security mechanisms.

Based on Crestline's analysis, the fourteen issued patents can be organized into four primary technology clusters, as follows:

Cluster 1 — Cache Coherence Protocols (Approximately 5 Patents)

This cluster encompasses approximately five of the fourteen DeltaSync Patents and covers methods and systems for maintaining data consistency across distributed cache nodes in real time. The patents within this cluster describe novel consensus algorithms that enable multiple cache nodes to agree on the current state of data objects without requiring centralized coordination, as well as conflict-resolution mechanisms that efficiently reconcile divergent data states when network partitions or other disruptions occur. Crestline's analysis identifies this cluster as the technological foundation of the DeltaSync Platform and notes that the claims within this cluster are among the broadest in the portfolio. Several independent claims in this cluster describe the cache coherence methods at a level of generality that would make design-around efforts by competitors difficult without sacrificing core functionality.

Cluster 2 — Orchestration Layer Architecture (Approximately 4 Patents)

This cluster encompasses approximately four patents and covers architectural innovations for the orchestration control plane, which is the software layer responsible for managing cache node registration, health monitoring, and dynamic rebalancing across distributed infrastructure. The patents in this cluster describe systems for automatically detecting the addition or removal of cache nodes, redistributing data across nodes in response to changes in workload or infrastructure topology, and maintaining high availability through redundant control-plane instances. Crestline has flagged two patents within this cluster as potentially susceptible to obviousness challenges, as discussed in Section III.C below. Notwithstanding this concern, the claims in this cluster address key operational aspects of the DeltaSync Platform that would be essential to Brightfield's planned integration.

Cluster 3 — Low-Latency Data Synchronization (Approximately 3 Patents)

This cluster encompasses approximately three patents and covers techniques for achieving sub-millisecond synchronization between distributed cache nodes. The patents describe, among other things, optimized network protocols that reduce round-trip latency for synchronization messages, as well as predictive pre-fetch algorithms that anticipate data access patterns and proactively synchronize data before it is requested by end users. The claims within this cluster are technically specific and represent what Crestline characterizes as the "performance edge" of the DeltaSync technology — i.e., the innovations that enable DeltaSync to outperform competing solutions in benchmarked synchronization speed. Crestline's analysis indicates that several independent claims in this cluster contain broad functional language that would be difficult to design around.

Cluster 4 — Security and Access Control (Approximately 2 Patents)

This cluster encompasses approximately two patents and covers methods for encrypted cache synchronization and role-based access control across distributed cache nodes. The patents describe techniques for encrypting data in transit between cache nodes without materially increasing synchronization latency, as well as systems for enforcing granular access-control policies that restrict which users, applications, or services can read from or write to specific cache nodes or data partitions. While this cluster is the smallest in the portfolio, the security-related claims address an area of growing importance to enterprise customers, particularly those in regulated industries such as financial services and healthcare, which represent key target verticals for Brightfield's Stratos platform.

Portfolio Timeline. The earliest priority date among the DeltaSync Patents is approximately 2018, which corresponds to Nexilis's early-stage research and development activities following the company's founding in 2017. The most recent issue date among the fourteen patents is 2022. This timeline indicates that the portfolio is relatively young, with substantial remaining patent life (U.S. utility patents have a term of twenty years from the earliest effective filing date). Assuming an average priority date of approximately 2019, the portfolio would have approximately sixteen years of remaining patent life — a favorable consideration from a licensing perspective, as it provides Brightfield with a lengthy period of patent protection for the licensed technology.

Ownership and Assignment Records

All fourteen DeltaSync Patents are assigned to Nexilis Innovations Ltd. based on recorded assignment documents in the United States Patent and Trademark Office ("USPTO") records. Our preliminary review identified no recorded liens, encumbrances, or co-ownership interests in the USPTO assignment database. We note, however, that the USPTO assignment database is not a comprehensive record of all potential encumbrances (e.g., security interests under Article 9 of the Uniform Commercial Code are not necessarily reflected in USPTO records), and additional diligence is warranted, as discussed in Section V.A below.

B. Pending U.S. Patent Applications

In addition to the fourteen issued patents, Nexilis has six (6) pending U.S. patent applications, numbered App. Nos. 17/901,201 through 17/901,206 (the "Pending Applications"). Based on Crestline's review of the publicly available portions of these applications (including published specifications and claims, where available), the Pending Applications appear to cover incremental improvements and next-generation features of the DeltaSync Platform. Specifically, the Pending Applications address, among other things:

• Machine-learning-driven cache placement optimization, which uses predictive models to determine the optimal geographic placement of cache nodes based on anticipated access patterns, workload forecasts, and network topology data; and

• Multi-cloud federation protocols, which enable DeltaSync to operate seamlessly across heterogeneous cloud environments (e.g., Meridian Technologies, Crestline Systems, Aldermere Technologies) without requiring proprietary adapters or middleware for each cloud provider.

Both of these technology areas are highly relevant to Brightfield's planned use case, as the Stratos platform is designed to operate across multiple cloud environments and serves customers with diverse and geographically distributed workloads.

Prosecution Status. All six Pending Applications appear to be in active prosecution before the USPTO. Crestline's review identified no final rejections for any of the applications. However, Crestline notes that the prosecution histories for the Pending Applications have not yet been fully analyzed, and it is possible that non-final office actions with substantive rejections are pending or have been issued. We recommend a detailed review of the prosecution files for these applications as part of the additional diligence discussed in Section VI below.

Significance to the License Transaction. If the Pending Applications mature into issued patents, they could broaden the scope of the licensed intellectual property and provide additional value to Brightfield by extending patent protection to next-generation DeltaSync features. Conversely, if any of the Pending Applications are rejected or if their claims are significantly narrowed during prosecution, the incremental value of those applications to Brightfield would be diminished. This consideration should be addressed in the license agreement, as discussed further in Section V.B.

C. Crestline's Assessment of Portfolio Strength

Crestline's overall assessment of the DeltaSync patent portfolio is favorable. Key findings include:

Overall Quality. Crestline characterizes the DeltaSync portfolio as a "strong, cohesive portfolio" with claims of appropriate scope covering the core technology platform. The portfolio reflects a deliberate and well-executed patent strategy, with each cluster of patents addressing a distinct but interrelated aspect of the DeltaSync technology. This cohesive structure suggests that Nexilis (likely with the guidance of experienced patent counsel) developed a filing strategy designed to create layered protections around the DeltaSync Platform, rather than filing isolated patents on individual features.

Claim Breadth. Several of the issued DeltaSync Patents contain broad independent claims that would be difficult to design around, particularly within Cluster 1 (Cache Coherence Protocols) and Cluster 3 (Low-Latency Data Synchronization). Crestline notes that these broad claims are complemented by dependent claims that provide additional specificity and fallback positions, which is indicative of competent claim drafting. The breadth of the independent claims in these clusters is a positive indicator for Brightfield, as it suggests that the licensed patents would provide robust protection against competitors seeking to replicate or approximate the DeltaSync technology.

Prosecution History. Crestline's preliminary review of available prosecution history materials indicates no significant narrowing amendments or disclaimer estoppel issues for the key claims in the portfolio. Narrowing amendments made during prosecution can limit the scope of patent claims under the doctrine of prosecution history estoppel, and disclaimers or admissions made to the USPTO can similarly constrain claim interpretation. The absence of such issues in the preliminary review is a favorable indicator, though we emphasize that a full and complete prosecution history analysis for all fourteen patents has not yet been conducted and remains a priority for follow-up diligence.

Prior Art Landscape. Crestline identified a moderate volume of prior art in the general distributed-caching domain, which is not unexpected given the maturity and broad interest in this technology area. However, Crestline concluded that the DeltaSync Patents appear to address novel approaches not anticipated by identified prior art references at this preliminary stage. This assessment is based on a comparison of the DeltaSync Patent claims against the most relevant prior art identified through Crestline's searches, including academic publications, industry white papers, and patents issued to third parties in adjacent technology areas.

Potential Invalidity Risks. Notwithstanding the generally favorable assessment, Crestline flagged two patents within Cluster 2 (Orchestration Layer Architecture) as having claims that may be susceptible to obviousness challenges under 35 U.S.C. § 103. Specifically, Crestline identified a combination of prior art references — including a 2016 academic paper from the ACM Symposium on Cloud Computing and a 2017 patent issued to a major cloud infrastructure provider — that, if combined, could arguably render certain claims of these two patents obvious. We note that an obviousness challenge would require demonstration that a person of ordinary skill in the art would have been motivated to combine the cited references, and there may be strong arguments against such a combination. Nevertheless, this is a risk that warrants further analysis, and we have included it as a priority item in our recommended next steps.

IV. Freedom-to-Operate Analysis

A. Scope of Analysis

The FTO analysis conducted by Crestline was designed to assess whether Brightfield's specific proposed use case — the integration of DeltaSync technology into the Stratos enterprise cloud-management platform for deployment to enterprise customers across multiple industry verticals — would risk infringing any third-party patent rights. The FTO analysis is distinct from the portfolio strength assessment discussed in Section III above; whereas the portfolio assessment evaluates the quality and scope of the patents being licensed, the FTO analysis evaluates the risk that third-party patents could block or constrain Brightfield's use of the licensed technology.

Search Methodology. Crestline employed a multi-faceted search methodology, including:

• Keyword searches across the USPTO, European Patent Office ("EPO"), and World intellectual Property Organization ("WIPO") databases, using terms and phrases related to distributed caching, cache coherence, cache orchestration, cloud management platforms, and related technologies;

• Classification-code searches using relevant Cooperative Patent Classification ("CPC") and International Patent Classification ("IPC") codes for distributed data processing, cache management, and cloud computing architectures; and

• Citation analysis, including forward and backward citation tracing from the DeltaSync Patents and from known prior art references in the distributed-caching technology space.

Geographic Scope. The FTO analysis focused primarily on the United States, reflecting Brightfield's current customer base and revenue concentration. Crestline also conducted a limited international screening to identify any major international patent families that could present risks in non-U.S. markets, but a comprehensive international FTO analysis was not within the scope of the engagement. If Brightfield's Stratos platform deployment extends to non-U.S. markets in a material way, we recommend expanding the FTO analysis to cover key international jurisdictions, as discussed in Section VI below.

B. Potentially blocking Third-Party Patents

Crestline's search identified approximately 8 to 12 third-party patent families that have claims potentially relevant to the planned integration of DeltaSync into the Stratos platform. These patent families were categorized by Crestline into three priority tiers based on the apparent strength and relevance of their claims to Brightfield's proposed use case.

High-Priority Patents (3 Families)

Three patent families held by unaffiliated third parties were identified as having claims that could potentially read on specific aspects of the DeltaSync-Stratos integration. These three families represent the most significant FTO risk identified in the preliminary analysis and warrant immediate further investigation. Specifically:

1. API-Level Integration Methods. One patent family contains claims directed to methods for integrating cache orchestration systems with cloud management platforms at the API level, including specific claim elements related to the use of RESTful API endpoints for cache node provisioning and configuration. Depending on the specific architecture of the Stratos-DeltaSync integration, certain claims in this family could arguably be infringed by Brightfield's planned implementation. Crestline notes, however, that the claim language includes several limiting elements that may provide bases for distinguishing Brightfield's implementation, but this cannot be determined without detailed claim charting against the Stratos architecture.

2. Data-Routing Optimizations in Multi-Tenant SaaS Environments. A second patent family contains claims directed to data-routing optimization techniques specifically applicable to multi-tenant SaaS environments, where cache data is partitioned and routed based on tenant-specific policies and quality-of-service parameters. Because the Stratos platform is a multi-tenant SaaS offering and the DeltaSync integration would necessarily involve tenant-aware data routing, the relevance of this patent family cannot be dismissed at this stage. Further analysis is required to determine whether the specific routing optimizations described in these claims are materially different from those contemplated in the DeltaSync-Stratos integration architecture.

3. Distributed Lock Management Techniques. A third patent family contains claims directed to distributed lock management techniques used in conjunction with cache synchronization, specifically addressing the use of lease-based locks to manage concurrent write access to cache objects across distributed nodes. Distributed lock management is a fundamental component of any distributed-cache system, and the DeltaSync Platform necessarily employs some form of lock management to ensure data consistency. The question is whether the specific lock management approach used by DeltaSync falls within the scope of the claims in this third-party patent family. This requires detailed technical analysis that has not yet been conducted.

Moderate-Priority Patents (5 Families)

Five additional patent families were identified with more attenuated relevance to the planned DeltaSync-Stratos integration. Crestline's preliminary assessment indicates that the claims in these families may be distinguishable based on specific implementation details of the Stratos platform, including differences in system architecture, data flow, and communication protocols. While these families do not present the same level of immediate concern as the three high-priority families, they should not be disregarded entirely. We recommend that these families be monitored and reassessed as the DeltaSync-Stratos integration architecture is finalized, since changes in implementation details could affect the applicability of these claims.

Low-Priority Patents (Remaining Families)

The remaining patent families identified in Crestline's search were deemed unlikely to present significant FTO risk based on preliminary claim analysis. The claims in these families are either directed to technology areas that are sufficiently distinct from the DeltaSync-Stratos integration or contain claim limitations that clearly exclude Brightfield's proposed implementation. We do not recommend further analysis of these families at this time, though they should be retained in the diligence file for reference in the event that Brightfield's integration architecture changes materially.

Important Qualification. Crestline emphasizes — and we concur — that the FTO screening described above is preliminary in nature. Detailed claim charting against the specific Stratos architecture has not yet been completed for any of the identified patent families. A complete FTO analysis would require access to Brightfield's technical specifications and system architecture documentation for the planned DeltaSync integration, which Crestline has not yet reviewed. We strongly recommend that this detailed claim charting be conducted for at least the three high-priority patent families before Brightfield commits to the proposed license fee, as discussed in Section VI.

C. Nexilis's Own FTO Position

An important consideration that emerged from Crestline's analysis is that Nexilis itself may face FTO issues with respect to certain third-party patents in the broader distributed-systems space. Specifically, Crestline identified several patent families held by major technology companies that contain broad claims in the areas of distributed data management and cache synchronization, and it is not clear from publicly available information whether Nexilis has obtained licenses to or otherwise addressed these patents.

This is relevant to the proposed license transaction for two reasons:

First, if the DeltaSync technology as designed and implemented by Nexilis infringes third-party patents, Brightfield could face derivative infringement exposure by deploying the DeltaSync technology in its Stratos platform, even if Brightfield holds an exclusive license from Nexilis. A license from Nexilis does not immunize Brightfield from claims by third-party patent holders.

Second, if Nexilis is subject to outstanding infringement claims or is forced to modify the DeltaSync technology to design around third-party patents, the value and functionality of the licensed technology could be adversely affected, which would directly impact Brightfield's return on its $8,000,000 investment.

For these reasons, the license agreement should include robust IP indemnification provisions requiring Nexilis to defend and hold Brightfield harmless against any claims that the licensed DeltaSync technology infringes third-party patent rights. The indemnification provisions should be uncapped or, at minimum, capped at a level sufficient to cover Brightfield's total license investment and associated integration costs. In addition, the license agreement should include representations and warranties from Nexilis that it is not aware of any pending or threatened infringement claims relating to the DeltaSync technology and that, to its knowledge, the DeltaSync technology does not infringe any third-party patent rights.

D. Preliminary FTO Conclusion

Based on the preliminary analysis conducted by Crestline and our own review, we offer the following preliminary FTO conclusion:

No absolute bars to Brightfield's proposed integration of DeltaSync into the Stratos platform have been identified at this preliminary stage. The DeltaSync technology, as described in the Nexilis patent portfolio, does not appear to be fundamentally blocked by any single third-party patent that would prevent Brightfield from deploying the integrated platform.

However, the three high-priority third-party patent families discussed in Section IV.B above present a moderate level of risk that warrants further investigation. Specifically, these families contain claims that could potentially read on aspects of the planned DeltaSync-Stratos integration, and a definitive FTO opinion cannot be rendered without detailed claim-by-claim analysis and, potentially, a design-around assessment to determine whether minor architectural modifications could avoid any potential infringement issues.

Overall Risk Assessment: Moderate. We believe this risk level is manageable with appropriate measures, including (i) detailed claim charting and, if necessary, design-around analysis for the high-priority patent families, (ii) comprehensive contractual protections in the license agreement (including IP indemnification, representations and warranties regarding non-infringement, and appropriate remedies), and (iii) ongoing monitoring of the patent landscape as the integration progresses. We do not believe the identified risks are of sufficient magnitude to recommend that Brightfield abandon the proposed transaction, but we do recommend that Brightfield defer finalizing the license terms until the additional diligence described in Section VI is completed.

V. Key Observations and Risk Factors

A. Ownership and Encumbrances

All fourteen issued DeltaSync Patents and six Pending Applications appear to be solely owned by Nexilis Innovations Ltd. based on recorded assignment documents in the USPTO assignment records. Our preliminary review identified no co-owners, co-assignees, or any recorded security interests, liens, or pledges against any of the DeltaSync intellectual property.

However, several additional diligence items are warranted in this area:

First, given Nexilis's venture capital funding history — specifically, the Series B financing round led by Ridgeline Ventures with participation from Ashcroft Meridian Partners — it is common practice for venture investors to require portfolio companies to grant security interests in their intellectual property as collateral for the invested capital or for any associated credit facilities. Such security interests may be perfected through UCC filings at the state level rather than through recorded assignments at the USPTO, and therefore would not necessarily appear in our preliminary review of USPTO records. We recommend conducting UCC lien searches in Delaware (Nexilis's state of incorporation) and Massachusetts (Nexilis's principal place of business) to confirm whether any such security interests exist. In addition, to the extent available under the mutual non-disclosure agreement between Brightfield and Nexilis dated June 19, 2023, we recommend requesting and reviewing Nexilis's Series B financing documents (including the stock purchase agreement, investor rights agreement, and any related loan or credit agreements) to identify any provisions relating to the grant of security interests in intellectual property.

Second, the inventor assignment agreements for all named inventors on the DeltaSync Patents and Pending Applications should be reviewed to confirm that Dr. Samira Hajjar, Dr. Eoin Callahan, and any other individuals named as inventors have properly assigned all of their right, title, and interest in the relevant inventions to Nexilis. In the absence of valid, written assignment agreements, there is a risk that one or more inventors could assert ownership claims in the DeltaSync intellectual property, which could cloud Nexilis's title and, by extension, the validity of the license to Brightfield. This risk is particularly acute with respect to inventions conceived during the founders' tenure at MIT, as MIT's intellectual property policies may assert institutional ownership over inventions conceived using MIT resources. We recommend that Brightfield request copies of all inventor assignment agreements, as well as any IP-related agreements between Nexilis and MIT or its technology licensing office.

B. Pending Application Risk

The six Pending Applications (App. Nos. 17/901,201 through 17/901,206) represent a potentially valuable component of the DeltaSync portfolio, but they also introduce an element of uncertainty into the transaction. Pending applications are, by definition, not yet examined or approved by the USPTO, and there is no guarantee that any given application will mature into an issued patent. If any of the Pending Applications are rejected or if their claims are significantly narrowed during prosecution, the value of the licensed portfolio as a whole could be diminished.

This risk is particularly relevant in the context of the Pending Applications' coverage of machine-learning-driven cache placement optimization and multi-cloud federation protocols, both of which are core to Brightfield's planned use case. If patents covering these features do not issue, Brightfield would need to rely on other forms of intellectual property protection (e.g., trade secrets, contractual restrictions) to safeguard its investment in integrating these features into the Stratos platform.

Recommendation. The license agreement should include specific provisions addressing the treatment of the Pending Applications, including:

(a) An obligation on Nexilis to diligently prosecute all Pending Applications through the USPTO examination process, including the filing of timely responses to office actions, appeals of adverse examiner decisions where commercially reasonable, and continuation or continuation-in-part applications where appropriate to preserve claim scope;

(b) A grant to Brightfield of automatic license rights under any patents that issue from the Pending Applications during the term of the license agreement, at no additional cost to Brightfield;

(c) Reporting obligations requiring Nexilis to provide Brightfield with periodic updates on the prosecution status of the Pending Applications, including copies of any office actions, responses, and notices of allowance; and

(d) Remedies in the event that any material Pending Application is finally rejected or abandoned, potentially including a reduction in the aggregate license fee or other compensatory adjustments.

C. License Exclusivity and Field-of-Use Considerations

The proposed license is contemplated as exclusive within the permitted field of use. At this stage of negotiations, the specific field of use has not been finalized between the parties. This is a significant open issue that could materially affect the commercial value of the license.

If the field of use is drafted broadly — for example, to encompass all enterprise cloud management and hybrid-cloud applications — the exclusive license would provide Brightfield with substantial competitive protection, as Nexilis would be precluded from licensing the DeltaSync technology to any of Brightfield's competitors within that space. Conversely, if the field of use is restricted to specific industry verticals (e.g., only financial services or only healthcare), Brightfield's ability to deploy the DeltaSync-integrated Stratos platform across its full customer base could be constrained, and Nexilis could potentially license the technology to competing cloud management platforms serving verticals outside Brightfield's permitted field.

Given that the aggregate license fee of $8,000,000 represents a substantial capital commitment, Brightfield should carefully assess whether the addressable revenue within any proposed restricted field of use justifies the license investment. Brightfield's Stratos platform deployment strategy is designed to serve all enterprise SaaS verticals, and any field-of-use restriction could limit the platform's growth trajectory and reduce the return on the license investment. We recommend that Brightfield's commercial and product teams, including Marcus Vail (CTO) and Lisa Redmond (VP, Corporate Development & Strategy), evaluate specific field-of-use scenarios and their revenue implications before the field of use is agreed upon in the license agreement.

D. Maintenance and Annuity Status

Crestline confirmed that all maintenance fees for the fourteen issued DeltaSync Patents appear to be current as of the date of the analysis (July 10, 2023). U.S. utility patents require the payment of maintenance fees at 3.5, 7.5, and 11.5 years after issuance to remain in force. Failure to pay maintenance fees results in the expiration of the patent, which would extinguish Brightfield's licensed rights under the affected patent.

Given the importance of the DeltaSync Patents to Brightfield's business, the license agreement should include provisions requiring Nexilis to maintain all licensed patents in force during the term of the license agreement by timely paying all required maintenance fees. The agreement should also include notice provisions requiring Nexilis to provide advance notice to Brightfield if Nexilis intends to allow any patent to lapse, and Brightfield should have the right to pay maintenance fees on Nexilis's behalf (with a corresponding credit against license fees) if Nexilis fails to do so.

VI. Recommended Next Steps

Based on our review of the Crestline report and the analysis set forth in this memorandum, we recommend the following next steps:

1. Detailed Claim Charting. We recommend engaging Crestline to perform detailed claim charting of the three high-priority third-party patent families identified in Section IV.B against the specific Stratos platform architecture. This analysis will require Crestline to have access to Brightfield's technical specifications and system architecture documentation for the planned DeltaSync-Stratos integration. We anticipate coordinating with Marcus Vail's engineering team to provide the necessary technical materials. The estimated additional cost for this analysis is to be determined following consultation with Crestline, and the expected turnaround time is approximately 3 to 4 weeks from the date of engagement.

2. Full Prosecution History Review. We recommend completing a comprehensive analysis of the prosecution histories for all fourteen issued DeltaSync Patents. This review should focus particularly on the two Cluster 2 patents flagged by Crestline for potential obviousness vulnerability, as well as on any narrowing amendments, examiner interviews, or statements made during prosecution that could limit claim scope under the doctrine of prosecution history estoppel. This analysis will provide a more refined assessment of the strength and enforceability of the DeltaSync Patent claims and will inform our evaluation of the overall portfolio value.

3. Pending Application Analysis. We recommend obtaining and analyzing the full prosecution files for the six Pending Applications (App. Nos. 17/901,201 through 17/901,206), including any outstanding office actions, examiner's search reports, and applicant responses filed to date. This analysis will allow us to assess the likelihood that the Pending Applications will mature into issued patents and to evaluate the expected scope of the claims that may ultimately be allowed.

4. Security Interest and Encumbrance Diligence. We recommend conducting UCC lien searches in the State of Delaware and the Commonwealth of Massachusetts to determine whether any security interests have been filed against Nexilis's intellectual property assets. In addition, to the extent feasible under the mutual NDA dated June 19, 2023, we recommend requesting and reviewing Nexilis's Series B financing documents to identify any provisions that grant investors or lenders security interests in, or impose restrictions on the transfer or licensing of, the DeltaSync intellectual property.

5. Inventor Assignment Verification. We recommend requesting copies of all inventor assignment agreements for the named inventors on the DeltaSync Patents and Pending Applications, including any agreements between Nexilis and its co-founders, Dr. Samira Hajjar and Dr. Eoin Callahan, as well as any agreements between the co-founders and MIT relating to intellectual property developed during their academic tenure. These documents are essential to confirming that Nexilis holds clear and unencumbered title to the DeltaSync intellectual property.

6. License Agreement IP Provisions. Based on the findings of the ongoing diligence, we recommend ensuring that the Technology License Agreement includes the following key intellectual property provisions:

(a) Comprehensive Representations and Warranties regarding Nexilis's sole ownership of the DeltaSync intellectual property and the non-infringement of third-party patent rights;

(b) Robust IP Indemnification Provisions requiring Nexilis to defend, indemnify, and hold Brightfield harmless against any claims that the licensed DeltaSync technology infringes or misappropriates third-party intellectual property rights, with indemnification uncapped or capped at a level commensurate with Brightfield's total investment and potential exposure;

(c) Patent Maintenance and Prosecution Obligations requiring Nexilis to maintain all issued patents in force during the license term and to diligently prosecute the Pending Applications, with Brightfield having step-in rights if Nexilis fails to fulfill these obligations; and

(d) Appropriate Remedies in the event that any licensed patents are invalidated or held unenforceable, or if material Pending Applications are abandoned or finally rejected, including potential fee adjustments, termination rights, or other compensatory mechanisms.

7. International Patent Landscape. If Brightfield's Stratos platform deployment extends to non-U.S. markets in a material way — including the European Union, the United Kingdom, Japan, or other significant technology markets — we recommend expanding the FTO analysis to cover key international jurisdictions. This would include identifying relevant third-party patents in those jurisdictions and assessing whether Nexilis holds corresponding foreign patent rights that would provide Brightfield with intellectual property protection outside the United States.

VII. Crestline Engagement Fee

The total disbursement for Crestline Patent Analytics LLC's preliminary engagement is $42,500. This amount covers the patent landscape assessment, preliminary FTO screening, and preparation of the preliminary patent landscape memorandum delivered on July 10, 2023. The disbursement has been invoiced to Matter No. 1042-00003 under Billing Code BCS-NEXILIS-LIC-2023 and will appear on Brightfield's next billing statement from Calderwood & Harkness LLP.

Any additional analysis — including detailed claim charting for the high-priority third-party patent families, full prosecution history review for all issued and pending DeltaSync patents and applications, and any expanded international search — would be subject to a supplemental engagement with Crestline and would entail additional fees beyond the $42,500 already incurred. We will request a fee estimate from Crestline upon authorization from Brightfield and will provide the estimate for approval before proceeding with any additional engagement.

VIII. Conclusion

The DeltaSync patent portfolio represents a substantive and cohesive body of intellectual property covering key distributed-cache orchestration technologies. The portfolio, which comprises fourteen issued U.S. utility patents and six pending applications, addresses core innovations across cache coherence protocols, orchestration layer architecture, low-latency data synchronization, and security and access control. If properly licensed and integrated into the Stratos platform, the DeltaSync technology would provide meaningful competitive advantages to Brightfield in the enterprise cloud-management market and would enhance the Stratos platform's capabilities in a manner that is directly responsive to documented customer demand for real-time cache coherence in multi-region deployments.

At this preliminary stage, no absolute FTO bars have been identified that would prevent Brightfield from proceeding with the planned DeltaSync-Stratos integration. However, moderate risks exist from three high-priority third-party patent families whose claims could potentially read on specific aspects of the integration architecture. These risks require further investigation — specifically, detailed claim charting against the Stratos platform architecture — before a definitive FTO opinion can be rendered.

We recommend proceeding with the additional diligence steps outlined in Section VI above before Brightfield finalizes the license terms and commits to the $8,000,000 aggregate license fee. The additional diligence is designed to (i) resolve the open FTO questions relating to the high-priority third-party patents, (ii) confirm Nexilis's clear ownership of the DeltaSync intellectual property, (iii) assess the likelihood of issuance for the Pending Applications, and (iv) inform the negotiation of appropriate contractual protections in the license agreement. We estimate that the additional diligence can be substantially completed within approximately four to six weeks, depending on the availability of technical materials from Brightfield's engineering team and cooperation from Nexilis in providing requested documentation.

We remain available to discuss these findings with Ms. Bloom, Mr. Oshiro, and the broader Brightfield team — including Marcus Vail, Chief Technology Officer, and Lisa Redmond, VP, Corporate Development & Strategy — at your convenience. We are happy to organize a call or in-person meeting to review the Crestline report in detail and to discuss the recommended next steps and their implications for the transaction timeline.

Contact Information:

Wendy Schultz, Senior Associate, intellectual Property Calderwood & Harkness LLP 700 Louisiana Street, Suite 3400, Houston, TX 77002 Direct: (713) 555-4821

Email: wschultz@calderwoodharkness.com

Omar Siddiqui, Associate, intellectual Property Calderwood & Harkness LLP 700 Louisiana Street, Suite 3400, Houston, TX 77002 Direct: (713) 555-4837

Email: osiddiqui@calderwoodharkness.com

DISTRIBUTION NOTICE: This memorandum is privileged and confidential and is intended solely for the named recipients listed above. Distribution is restricted to Catherine Bloom, Daniel Oshiro, and such other individuals as may be authorized by Catherine Bloom. Do not forward, copy, or distribute this memorandum without the prior written authorization of Catherine Bloom.

Calderwood & Harkness LLP — 700 Louisiana Street, Suite 3400, Houston, TX 77002

PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION ATTORNEY WORK PRODUCT
MEMORANDUM
July 12, 2023
FROM: Wendy Schultz, Senior Associate, intellectual Property, and Omar Siddiqui, Associate, intellectual Property — Calderwood & Harkness LLP, 700 Louisiana Street, Suite 3400, Houston, TX 77002
TO: Catherine Bloom, Partner, intellectual Property, Calderwood & Harkness LLP; Daniel Oshiro, General Counsel, Brightfield Cloud Services Inc.
RE: DeltaSync Patent Portfolio — Preliminary Patent Landscape Analysis and Freedom-to-Operate Assessment
Matter No.: 1042-00003
Billing Code: BCS-NEXILIS-LIC-2023
I. Executive Summary
This memorandum summarizes the findings from the preliminary patent landscape and freedom-to-operate ("FTO") analysis conducted by Crestline Patent Analytics LLC ("Crestline"), the final report of which was delivered to Calderwood & Harkness LLP on July 10, 2023. The purpose of this memorandum is to distill Crestline's findings, provide our independent assessment of the associated legal risks, and outline recommended next steps for the consideration of Brightfield Cloud Services Inc. ("Brightfield" or "BCS") and its leadership team.
As background, Brightfield is currently negotiating an inbound exclusive technology license from Nexilis Innovations Ltd. ("Nexilis") for Nexilis's patented distributed-cache orchestration technology, which Nexilis markets commercially under the name "DeltaSync Platform." The DeltaSync Platform enables sub-millisecond data synchronization across geographically dispersed cloud nodes and represents a potentially transformative addition to Brightfield's existing technology stack.
The proposed aggregate license fee for the DeltaSync technology is $8,000,000, structured as follows: (i) an upfront payment of $3,200,000 due at the effective date of the license agreement, and (ii) annual maintenance and support payments of $1,600,000 per year for a period of three years following the effective date. The proposed license term is five years from the effective date, with an option for Brightfield to renew for successive two-year terms upon mutual agreement. The license is contemplated as fully paid-up with no per-unit or percentage-based royalties within the permitted field of use.
Brightfield intends to integrate the DeltaSync technology into its proprietary "Stratos" enterprise cloud-management platform. Stratos serves as Brightfield's flagship offering to enterprise customers, providing a unified control plane for managing hybrid-cloud and multi-cloud environments. The integration of DeltaSync is intended to enable real-time cache coherence for multi-region customer deployments, a capability that Brightfield's product leadership has identified as a critical competitive differentiator in the enterprise SaaS market.
High-Level Conclusion. Based on our review of the Crestline report and our own preliminary analysis, we conclude that the DeltaSync patent portfolio is substantive and covers core distributed-cache orchestration methods and systems. The portfolio, if properly licensed, would provide Brightfield with meaningful intellectual property protections and competitive advantages in its target markets. The FTO analysis identifies moderate risk areas involving potential third-party blocking patents that warrant further investigation and, in certain instances, detailed claim charting against the specific Stratos platform architecture. Importantly, however, no absolute bars to integration of DeltaSync into the Stratos platform have been identified at this preliminary stage. We believe the identified risks are manageable with appropriate contractual protections and further technical diligence, as discussed in greater detail below.
The total disbursement for Crestline's preliminary engagement was $42,500, which has been invoiced to the matter and will appear on Brightfield's next billing statement.
II. Engagement Background
Retention of Crestline Patent Analytics LLC
On June 26, 2023, Calderwood & Harkness LLP, acting on behalf of and at the direction of Brightfield, retained Crestline Patent Analytics LLC ("Crestline"), located at 2301 Wilson Boulevard, Suite 710, Arlington, VA 22201, to conduct a patent landscape assessment and preliminary FTO analysis of the DeltaSync intellectual property portfolio. The engagement was conducted under the direction of Dr. Vanessa Polk, who serves as Crestline's Managing Director and engagement lead for this matter. Dr. Polk has more than eighteen years of experience in patent analytics and prosecution support, with particular expertise in cloud computing, distributed systems, and software architecture technologies. Calderwood & Harkness has engaged Crestline on several prior patent diligence matters and has confidence in the quality and thoroughness of their analytical work.
Crestline delivered its preliminary patent landscape memorandum to this firm on July 10, 2023. We have reviewed that memorandum in its entirety and have consulted with Dr. Polk and her team regarding certain aspects of the analysis that are discussed further below. Crestline's report is protected by the attorney-client privilege and work product doctrine, as it was prepared at the direction of counsel in anticipation of providing legal advice to Brightfield. The report should not be shared outside of the privileged communication chain without prior authorization from Catherine Bloom.
Scope of Engagement
The scope of the Crestline engagement encompassed the following four workstreams:
(a) Portfolio Analysis. Analysis of all issued and pending DeltaSync patents and patent applications, including review of patent claims, specifications, and available prosecution history materials;
(b) Claim Scope and Strength Assessment. Identification and evaluation of the scope and strength of Nexilis's patent claims, including an assessment of claim breadth, potential invalidity risks, and overall portfolio cohesion;
(c) Third-Party Patent Search. Targeted search for potentially blocking third-party patents relevant to Brightfield's planned integration of DeltaSync into the Stratos platform, utilizing keyword, classification-code, and citation-based search methodologies across multiple patent databases; and
(d) Preliminary FTO Opinion. Formulation of a preliminary freedom-to-operate opinion regarding Brightfield's proposed use case, specifically the integration of DeltaSync distributed-cache orchestration technology into the Stratos enterprise cloud-management platform for deployment to enterprise customers across multiple industry verticals.
Brightfield Background
Brightfield Cloud Services Inc. is a Delaware corporation headquartered at 4200 Bluebonnet Parkway, Suite 1100, Austin, TX 78745. Brightfield operates an enterprise SaaS platform and develops hybrid-cloud hardware appliances that enable organizations to manage complex multi-cloud environments through a single unified interface. Brightfield's annual recurring revenue ("ARR") for fiscal year 2022 was approximately $142,000,000, and the company employs approximately 620 employees across offices in Austin, Seattle, and Raleigh. Brightfield is a portfolio company of Vantage Summit Capital Partners, LP, a growth-equity fund based in San Francisco, which acquired a majority interest in Brightfield in 2020. The Stratos platform, which is the intended integration target for the DeltaSync technology, represents approximately seventy percent of Brightfield's total ARR and serves more than 280 enterprise customers across the financial services, healthcare, logistics, and technology sectors.
Nexilis Background
Nexilis Innovations Ltd. is a Delaware corporation with principal offices at 77 Kendall Square, Suite 400, Cambridge, MA 02139. Nexilis is a deep-tech R&D firm founded in 2017 by Dr. Samira Hajjar and Dr. Eoin Callahan, both former researchers at the Massachusetts Institute of Technology with backgrounds in distributed systems and high-performance computing. Nexilis's business model centers on technology licensing and sponsored research engagements, with total revenue of approximately $31,000,000 for fiscal year 2022. The company employs approximately 85 employees, the majority of whom are research engineers and scientists. Nexilis has been funded through a Series B financing round, with Ridgeline Ventures serving as lead investor and Ashcroft Meridian Partners participating as co-investor. The specific terms of the Series B financing are not currently available to us, and as discussed below, we recommend further diligence to confirm whether any of Nexilis's intellectual property is subject to security interests or other encumbrances under its investor or credit agreements.
III. Overview of the DeltaSync Patent Portfolio
A. Issued U.S. Utility Patents
Nexilis currently holds fourteen (14) issued U.S. utility patents, numbered U.S. Patent Nos. 11,234,567 through 11,234,580 (collectively, the "DeltaSync Patents"). These patents collectively cover the core technology underlying the DeltaSync Platform, which relates to distributed-cache orchestration enabling sub-millisecond data synchronization across geographically dispersed cloud nodes. The patents span a range of technological innovations, from foundational cache coherence protocols to higher-level orchestration architectures and security mechanisms.
Based on Crestline's analysis, the fourteen issued patents can be organized into four primary technology clusters, as follows:
Cluster 1 — Cache Coherence Protocols (Approximately 5 Patents)
This cluster encompasses approximately five of the fourteen DeltaSync Patents and covers methods and systems for maintaining data consistency across distributed cache nodes in real time. The patents within this cluster describe novel consensus algorithms that enable multiple cache nodes to agree on the current state of data objects without requiring centralized coordination, as well as conflict-resolution mechanisms that efficiently reconcile divergent data states when network partitions or other disruptions occur. Crestline's analysis identifies this cluster as the technological foundation of the DeltaSync Platform and notes that the claims within this cluster are among the broadest in the portfolio. Several independent claims in this cluster describe the cache coherence methods at a level of generality that would make design-around efforts by competitors difficult without sacrificing core functionality.
Cluster 2 — Orchestration Layer Architecture (Approximately 4 Patents)
This cluster encompasses approximately four patents and covers architectural innovations for the orchestration control plane, which is the software layer responsible for managing cache node registration, health monitoring, and dynamic rebalancing across distributed infrastructure. The patents in this cluster describe systems for automatically detecting the addition or removal of cache nodes, redistributing data across nodes in response to changes in workload or infrastructure topology, and maintaining high availability through redundant control-plane instances. Crestline has flagged two patents within this cluster as potentially susceptible to obviousness challenges, as discussed in Section III.C below. Notwithstanding this concern, the claims in this cluster address key operational aspects of the DeltaSync Platform that would be essential to Brightfield's planned integration.
Cluster 3 — Low-Latency Data Synchronization (Approximately 3 Patents)
This cluster encompasses approximately three patents and covers techniques for achieving sub-millisecond synchronization between distributed cache nodes. The patents describe, among other things, optimized network protocols that reduce round-trip latency for synchronization messages, as well as predictive pre-fetch algorithms that anticipate data access patterns and proactively synchronize data before it is requested by end users. The claims within this cluster are technically specific and represent what Crestline characterizes as the "performance edge" of the DeltaSync technology — i.e., the innovations that enable DeltaSync to outperform competing solutions in benchmarked synchronization speed. Crestline's analysis indicates that several independent claims in this cluster contain broad functional language that would be difficult to design around.
Cluster 4 — Security and Access Control (Approximately 2 Patents)
This cluster encompasses approximately two patents and covers methods for encrypted cache synchronization and role-based access control across distributed cache nodes. The patents describe techniques for encrypting data in transit between cache nodes without materially increasing synchronization latency, as well as systems for enforcing granular access-control policies that restrict which users, applications, or services can read from or write to specific cache nodes or data partitions. While this cluster is the smallest in the portfolio, the security-related claims address an area of growing importance to enterprise customers, particularly those in regulated industries such as financial services and healthcare, which represent key target verticals for Brightfield's Stratos platform.
Portfolio Timeline. The earliest priority date among the DeltaSync Patents is approximately 2018, which corresponds to Nexilis's early-stage research and development activities following the company's founding in 2017. The most recent issue date among the fourteen patents is 2022. This timeline indicates that the portfolio is relatively young, with substantial remaining patent life (U.S. utility patents have a term of twenty years from the earliest effective filing date). Assuming an average priority date of approximately 2019, the portfolio would have approximately sixteen years of remaining patent life — a favorable consideration from a licensing perspective, as it provides Brightfield with a lengthy period of patent protection for the licensed technology.
Ownership and Assignment Records
All fourteen DeltaSync Patents are assigned to Nexilis Innovations Ltd. based on recorded assignment documents in the United States Patent and Trademark Office ("USPTO") records. Our preliminary review identified no recorded liens, encumbrances, or co-ownership interests in the USPTO assignment database. We note, however, that the USPTO assignment database is not a comprehensive record of all potential encumbrances (e.g., security interests under Article 9 of the Uniform Commercial Code are not necessarily reflected in USPTO records), and additional diligence is warranted, as discussed in Section V.A below.
B. Pending U.S. Patent Applications
In addition to the fourteen issued patents, Nexilis has six (6) pending U.S. patent applications, numbered App. Nos. 17/901,201 through 17/901,206 (the "Pending Applications"). Based on Crestline's review of the publicly available portions of these applications (including published specifications and claims, where available), the Pending Applications appear to cover incremental improvements and next-generation features of the DeltaSync Platform. Specifically, the Pending Applications address, among other things:
• Machine-learning-driven cache placement optimization, which uses predictive models to determine the optimal geographic placement of cache nodes based on anticipated access patterns, workload forecasts, and network topology data; and
• Multi-cloud federation protocols, which enable DeltaSync to operate seamlessly across heterogeneous cloud environments (e.g., Meridian Technologies, Crestline Systems, Aldermere Technologies) without requiring proprietary adapters or middleware for each cloud provider.
Both of these technology areas are highly relevant to Brightfield's planned use case, as the Stratos platform is designed to operate across multiple cloud environments and serves customers with diverse and geographically distributed workloads.
Prosecution Status. All six Pending Applications appear to be in active prosecution before the USPTO. Crestline's review identified no final rejections for any of the applications. However, Crestline notes that the prosecution histories for the Pending Applications have not yet been fully analyzed, and it is possible that non-final office actions with substantive rejections are pending or have been issued. We recommend a detailed review of the prosecution files for these applications as part of the additional diligence discussed in Section VI below.
Significance to the License Transaction. If the Pending Applications mature into issued patents, they could broaden the scope of the licensed intellectual property and provide additional value to Brightfield by extending patent protection to next-generation DeltaSync features. Conversely, if any of the Pending Applications are rejected or if their claims are significantly narrowed during prosecution, the incremental value of those applications to Brightfield would be diminished. This consideration should be addressed in the license agreement, as discussed further in Section V.B.
C. Crestline's Assessment of Portfolio Strength
Crestline's overall assessment of the DeltaSync patent portfolio is favorable. Key findings include:
Overall Quality. Crestline characterizes the DeltaSync portfolio as a "strong, cohesive portfolio" with claims of appropriate scope covering the core technology platform. The portfolio reflects a deliberate and well-executed patent strategy, with each cluster of patents addressing a distinct but interrelated aspect of the DeltaSync technology. This cohesive structure suggests that Nexilis (likely with the guidance of experienced patent counsel) developed a filing strategy designed to create layered protections around the DeltaSync Platform, rather than filing isolated patents on individual features.
Claim Breadth. Several of the issued DeltaSync Patents contain broad independent claims that would be difficult to design around, particularly within Cluster 1 (Cache Coherence Protocols) and Cluster 3 (Low-Latency Data Synchronization). Crestline notes that these broad claims are complemented by dependent claims that provide additional specificity and fallback positions, which is indicative of competent claim drafting. The breadth of the independent claims in these clusters is a positive indicator for Brightfield, as it suggests that the licensed patents would provide robust protection against competitors seeking to replicate or approximate the DeltaSync technology.
Prosecution History. Crestline's preliminary review of available prosecution history materials indicates no significant narrowing amendments or disclaimer estoppel issues for the key claims in the portfolio. Narrowing amendments made during prosecution can limit the scope of patent claims under the doctrine of prosecution history estoppel, and disclaimers or admissions made to the USPTO can similarly constrain claim interpretation. The absence of such issues in the preliminary review is a favorable indicator, though we emphasize that a full and complete prosecution history analysis for all fourteen patents has not yet been conducted and remains a priority for follow-up diligence.
Prior Art Landscape. Crestline identified a moderate volume of prior art in the general distributed-caching domain, which is not unexpected given the maturity and broad interest in this technology area. However, Crestline concluded that the DeltaSync Patents appear to address novel approaches not anticipated by identified prior art references at this preliminary stage. This assessment is based on a comparison of the DeltaSync Patent claims against the most relevant prior art identified through Crestline's searches, including academic publications, industry white papers, and patents issued to third parties in adjacent technology areas.
Potential Invalidity Risks. Notwithstanding the generally favorable assessment, Crestline flagged two patents within Cluster 2 (Orchestration Layer Architecture) as having claims that may be susceptible to obviousness challenges under 35 U.S.C. § 103. Specifically, Crestline identified a combination of prior art references — including a 2016 academic paper from the ACM Symposium on Cloud Computing and a 2017 patent issued to a major cloud infrastructure provider — that, if combined, could arguably render certain claims of these two patents obvious. We note that an obviousness challenge would require demonstration that a person of ordinary skill in the art would have been motivated to combine the cited references, and there may be strong arguments against such a combination. Nevertheless, this is a risk that warrants further analysis, and we have included it as a priority item in our recommended next steps.
IV. Freedom-to-Operate Analysis
A. Scope of Analysis
The FTO analysis conducted by Crestline was designed to assess whether Brightfield's specific proposed use case — the integration of DeltaSync technology into the Stratos enterprise cloud-management platform for deployment to enterprise customers across multiple industry verticals — would risk infringing any third-party patent rights. The FTO analysis is distinct from the portfolio strength assessment discussed in Section III above; whereas the portfolio assessment evaluates the quality and scope of the patents being licensed, the FTO analysis evaluates the risk that third-party patents could block or constrain Brightfield's use of the licensed technology.
Search Methodology. Crestline employed a multi-faceted search methodology, including:
• Keyword searches across the USPTO, European Patent Office ("EPO"), and World intellectual Property Organization ("WIPO") databases, using terms and phrases related to distributed caching, cache coherence, cache orchestration, cloud management platforms, and related technologies;
• Classification-code searches using relevant Cooperative Patent Classification ("CPC") and International Patent Classification ("IPC") codes for distributed data processing, cache management, and cloud computing architectures; and
• Citation analysis, including forward and backward citation tracing from the DeltaSync Patents and from known prior art references in the distributed-caching technology space.
Geographic Scope. The FTO analysis focused primarily on the United States, reflecting Brightfield's current customer base and revenue concentration. Crestline also conducted a limited international screening to identify any major international patent families that could present risks in non-U.S. markets, but a comprehensive international FTO analysis was not within the scope of the engagement. If Brightfield's Stratos platform deployment extends to non-U.S. markets in a material way, we recommend expanding the FTO analysis to cover key international jurisdictions, as discussed in Section VI below.
B. Potentially blocking Third-Party Patents
Crestline's search identified approximately 8 to 12 third-party patent families that have claims potentially relevant to the planned integration of DeltaSync into the Stratos platform. These patent families were categorized by Crestline into three priority tiers based on the apparent strength and relevance of their claims to Brightfield's proposed use case.
High-Priority Patents (3 Families)
Three patent families held by unaffiliated third parties were identified as having claims that could potentially read on specific aspects of the DeltaSync-Stratos integration. These three families represent the most significant FTO risk identified in the preliminary analysis and warrant immediate further investigation. Specifically:
1. API-Level Integration Methods. One patent family contains claims directed to methods for integrating cache orchestration systems with cloud management platforms at the API level, including specific claim elements related to the use of RESTful API endpoints for cache node provisioning and configuration. Depending on the specific architecture of the Stratos-DeltaSync integration, certain claims in this family could arguably be infringed by Brightfield's planned implementation. Crestline notes, however, that the claim language includes several limiting elements that may provide bases for distinguishing Brightfield's implementation, but this cannot be determined without detailed claim charting against the Stratos architecture.
2. Data-Routing Optimizations in Multi-Tenant SaaS Environments. A second patent family contains claims directed to data-routing optimization techniques specifically applicable to multi-tenant SaaS environments, where cache data is partitioned and routed based on tenant-specific policies and quality-of-service parameters. Because the Stratos platform is a multi-tenant SaaS offering and the DeltaSync integration would necessarily involve tenant-aware data routing, the relevance of this patent family cannot be dismissed at this stage. Further analysis is required to determine whether the specific routing optimizations described in these claims are materially different from those contemplated in the DeltaSync-Stratos integration architecture.
3. Distributed Lock Management Techniques. A third patent family contains claims directed to distributed lock management techniques used in conjunction with cache synchronization, specifically addressing the use of lease-based locks to manage concurrent write access to cache objects across distributed nodes. Distributed lock management is a fundamental component of any distributed-cache system, and the DeltaSync Platform necessarily employs some form of lock management to ensure data consistency. The question is whether the specific lock management approach used by DeltaSync falls within the scope of the claims in this third-party patent family. This requires detailed technical analysis that has not yet been conducted.
Moderate-Priority Patents (5 Families)
Five additional patent families were identified with more attenuated relevance to the planned DeltaSync-Stratos integration. Crestline's preliminary assessment indicates that the claims in these families may be distinguishable based on specific implementation details of the Stratos platform, including differences in system architecture, data flow, and communication protocols. While these families do not present the same level of immediate concern as the three high-priority families, they should not be disregarded entirely. We recommend that these families be monitored and reassessed as the DeltaSync-Stratos integration architecture is finalized, since changes in implementation details could affect the applicability of these claims.
Low-Priority Patents (Remaining Families)
The remaining patent families identified in Crestline's search were deemed unlikely to present significant FTO risk based on preliminary claim analysis. The claims in these families are either directed to technology areas that are sufficiently distinct from the DeltaSync-Stratos integration or contain claim limitations that clearly exclude Brightfield's proposed implementation. We do not recommend further analysis of these families at this time, though they should be retained in the diligence file for reference in the event that Brightfield's integration architecture changes materially.
Important Qualification. Crestline emphasizes — and we concur — that the FTO screening described above is preliminary in nature. Detailed claim charting against the specific Stratos architecture has not yet been completed for any of the identified patent families. A complete FTO analysis would require access to Brightfield's technical specifications and system architecture documentation for the planned DeltaSync integration, which Crestline has not yet reviewed. We strongly recommend that this detailed claim charting be conducted for at least the three high-priority patent families before Brightfield commits to the proposed license fee, as discussed in Section VI.
C. Nexilis's Own FTO Position
An important consideration that emerged from Crestline's analysis is that Nexilis itself may face FTO issues with respect to certain third-party patents in the broader distributed-systems space. Specifically, Crestline identified several patent families held by major technology companies that contain broad claims in the areas of distributed data management and cache synchronization, and it is not clear from publicly available information whether Nexilis has obtained licenses to or otherwise addressed these patents.
This is relevant to the proposed license transaction for two reasons:
First, if the DeltaSync technology as designed and implemented by Nexilis infringes third-party patents, Brightfield could face derivative infringement exposure by deploying the DeltaSync technology in its Stratos platform, even if Brightfield holds an exclusive license from Nexilis. A license from Nexilis does not immunize Brightfield from claims by third-party patent holders.
Second, if Nexilis is subject to outstanding infringement claims or is forced to modify the DeltaSync technology to design around third-party patents, the value and functionality of the licensed technology could be adversely affected, which would directly impact Brightfield's return on its $8,000,000 investment.
For these reasons, the license agreement should include robust IP indemnification provisions requiring Nexilis to defend and hold Brightfield harmless against any claims that the licensed DeltaSync technology infringes third-party patent rights. The indemnification provisions should be uncapped or, at minimum, capped at a level sufficient to cover Brightfield's total license investment and associated integration costs. In addition, the license agreement should include representations and warranties from Nexilis that it is not aware of any pending or threatened infringement claims relating to the DeltaSync technology and that, to its knowledge, the DeltaSync technology does not infringe any third-party patent rights.
D. Preliminary FTO Conclusion
Based on the preliminary analysis conducted by Crestline and our own review, we offer the following preliminary FTO conclusion:
No absolute bars to Brightfield's proposed integration of DeltaSync into the Stratos platform have been identified at this preliminary stage. The DeltaSync technology, as described in the Nexilis patent portfolio, does not appear to be fundamentally blocked by any single third-party patent that would prevent Brightfield from deploying the integrated platform.
However, the three high-priority third-party patent families discussed in Section IV.B above present a moderate level of risk that warrants further investigation. Specifically, these families contain claims that could potentially read on aspects of the planned DeltaSync-Stratos integration, and a definitive FTO opinion cannot be rendered without detailed claim-by-claim analysis and, potentially, a design-around assessment to determine whether minor architectural modifications could avoid any potential infringement issues.
Overall Risk Assessment: Moderate. We believe this risk level is manageable with appropriate measures, including (i) detailed claim charting and, if necessary, design-around analysis for the high-priority patent families, (ii) comprehensive contractual protections in the license agreement (including IP indemnification, representations and warranties regarding non-infringement, and appropriate remedies), and (iii) ongoing monitoring of the patent landscape as the integration progresses. We do not believe the identified risks are of sufficient magnitude to recommend that Brightfield abandon the proposed transaction, but we do recommend that Brightfield defer finalizing the license terms until the additional diligence described in Section VI is completed.
V. Key Observations and Risk Factors
A. Ownership and Encumbrances
All fourteen issued DeltaSync Patents and six Pending Applications appear to be solely owned by Nexilis Innovations Ltd. based on recorded assignment documents in the USPTO assignment records. Our preliminary review identified no co-owners, co-assignees, or any recorded security interests, liens, or pledges against any of the DeltaSync intellectual property.
However, several additional diligence items are warranted in this area:
First, given Nexilis's venture capital funding history — specifically, the Series B financing round led by Ridgeline Ventures with participation from Ashcroft Meridian Partners — it is common practice for venture investors to require portfolio companies to grant security interests in their intellectual property as collateral for the invested capital or for any associated credit facilities. Such security interests may be perfected through UCC filings at the state level rather than through recorded assignments at the USPTO, and therefore would not necessarily appear in our preliminary review of USPTO records. We recommend conducting UCC lien searches in Delaware (Nexilis's state of incorporation) and Massachusetts (Nexilis's principal place of business) to confirm whether any such security interests exist. In addition, to the extent available under the mutual non-disclosure agreement between Brightfield and Nexilis dated June 19, 2023, we recommend requesting and reviewing Nexilis's Series B financing documents (including the stock purchase agreement, investor rights agreement, and any related loan or credit agreements) to identify any provisions relating to the grant of security interests in intellectual property.
Second, the inventor assignment agreements for all named inventors on the DeltaSync Patents and Pending Applications should be reviewed to confirm that Dr. Samira Hajjar, Dr. Eoin Callahan, and any other individuals named as inventors have properly assigned all of their right, title, and interest in the relevant inventions to Nexilis. In the absence of valid, written assignment agreements, there is a risk that one or more inventors could assert ownership claims in the DeltaSync intellectual property, which could cloud Nexilis's title and, by extension, the validity of the license to Brightfield. This risk is particularly acute with respect to inventions conceived during the founders' tenure at MIT, as MIT's intellectual property policies may assert institutional ownership over inventions conceived using MIT resources. We recommend that Brightfield request copies of all inventor assignment agreements, as well as any IP-related agreements between Nexilis and MIT or its technology licensing office.
B. Pending Application Risk
The six Pending Applications (App. Nos. 17/901,201 through 17/901,206) represent a potentially valuable component of the DeltaSync portfolio, but they also introduce an element of uncertainty into the transaction. Pending applications are, by definition, not yet examined or approved by the USPTO, and there is no guarantee that any given application will mature into an issued patent. If any of the Pending Applications are rejected or if their claims are significantly narrowed during prosecution, the value of the licensed portfolio as a whole could be diminished.
This risk is particularly relevant in the context of the Pending Applications' coverage of machine-learning-driven cache placement optimization and multi-cloud federation protocols, both of which are core to Brightfield's planned use case. If patents covering these features do not issue, Brightfield would need to rely on other forms of intellectual property protection (e.g., trade secrets, contractual restrictions) to safeguard its investment in integrating these features into the Stratos platform.
Recommendation. The license agreement should include specific provisions addressing the treatment of the Pending Applications, including:
(a) An obligation on Nexilis to diligently prosecute all Pending Applications through the USPTO examination process, including the filing of timely responses to office actions, appeals of adverse examiner decisions where commercially reasonable, and continuation or continuation-in-part applications where appropriate to preserve claim scope;
(b) A grant to Brightfield of automatic license rights under any patents that issue from the Pending Applications during the term of the license agreement, at no additional cost to Brightfield;
(c) Reporting obligations requiring Nexilis to provide Brightfield with periodic updates on the prosecution status of the Pending Applications, including copies of any office actions, responses, and notices of allowance; and
(d) Remedies in the event that any material Pending Application is finally rejected or abandoned, potentially including a reduction in the aggregate license fee or other compensatory adjustments.
C. License Exclusivity and Field-of-Use Considerations
The proposed license is contemplated as exclusive within the permitted field of use. At this stage of negotiations, the specific field of use has not been finalized between the parties. This is a significant open issue that could materially affect the commercial value of the license.
If the field of use is drafted broadly — for example, to encompass all enterprise cloud management and hybrid-cloud applications — the exclusive license would provide Brightfield with substantial competitive protection, as Nexilis would be precluded from licensing the DeltaSync technology to any of Brightfield's competitors within that space. Conversely, if the field of use is restricted to specific industry verticals (e.g., only financial services or only healthcare), Brightfield's ability to deploy the DeltaSync-integrated Stratos platform across its full customer base could be constrained, and Nexilis could potentially license the technology to competing cloud management platforms serving verticals outside Brightfield's permitted field.
Given that the aggregate license fee of $8,000,000 represents a substantial capital commitment, Brightfield should carefully assess whether the addressable revenue within any proposed restricted field of use justifies the license investment. Brightfield's Stratos platform deployment strategy is designed to serve all enterprise SaaS verticals, and any field-of-use restriction could limit the platform's growth trajectory and reduce the return on the license investment. We recommend that Brightfield's commercial and product teams, including Marcus Vail (CTO) and Lisa Redmond (VP, Corporate Development & Strategy), evaluate specific field-of-use scenarios and their revenue implications before the field of use is agreed upon in the license agreement.
D. Maintenance and Annuity Status
Crestline confirmed that all maintenance fees for the fourteen issued DeltaSync Patents appear to be current as of the date of the analysis (July 10, 2023). U.S. utility patents require the payment of maintenance fees at 3.5, 7.5, and 11.5 years after issuance to remain in force. Failure to pay maintenance fees results in the expiration of the patent, which would extinguish Brightfield's licensed rights under the affected patent.
Given the importance of the DeltaSync Patents to Brightfield's business, the license agreement should include provisions requiring Nexilis to maintain all licensed patents in force during the term of the license agreement by timely paying all required maintenance fees. The agreement should also include notice provisions requiring Nexilis to provide advance notice to Brightfield if Nexilis intends to allow any patent to lapse, and Brightfield should have the right to pay maintenance fees on Nexilis's behalf (with a corresponding credit against license fees) if Nexilis fails to do so.
VI. Recommended Next Steps
Based on our review of the Crestline report and the analysis set forth in this memorandum, we recommend the following next steps:
1. Detailed Claim Charting. We recommend engaging Crestline to perform detailed claim charting of the three high-priority third-party patent families identified in Section IV.B against the specific Stratos platform architecture. This analysis will require Crestline to have access to Brightfield's technical specifications and system architecture documentation for the planned DeltaSync-Stratos integration. We anticipate coordinating with Marcus Vail's engineering team to provide the necessary technical materials. The estimated additional cost for this analysis is to be determined following consultation with Crestline, and the expected turnaround time is approximately 3 to 4 weeks from the date of engagement.
2. Full Prosecution History Review. We recommend completing a comprehensive analysis of the prosecution histories for all fourteen issued DeltaSync Patents. This review should focus particularly on the two Cluster 2 patents flagged by Crestline for potential obviousness vulnerability, as well as on any narrowing amendments, examiner interviews, or statements made during prosecution that could limit claim scope under the doctrine of prosecution history estoppel. This analysis will provide a more refined assessment of the strength and enforceability of the DeltaSync Patent claims and will inform our evaluation of the overall portfolio value.
3. Pending Application Analysis. We recommend obtaining and analyzing the full prosecution files for the six Pending Applications (App. Nos. 17/901,201 through 17/901,206), including any outstanding office actions, examiner's search reports, and applicant responses filed to date. This analysis will allow us to assess the likelihood that the Pending Applications will mature into issued patents and to evaluate the expected scope of the claims that may ultimately be allowed.
4. Security Interest and Encumbrance Diligence. We recommend conducting UCC lien searches in the State of Delaware and the Commonwealth of Massachusetts to determine whether any security interests have been filed against Nexilis's intellectual property assets. In addition, to the extent feasible under the mutual NDA dated June 19, 2023, we recommend requesting and reviewing Nexilis's Series B financing documents to identify any provisions that grant investors or lenders security interests in, or impose restrictions on the transfer or licensing of, the DeltaSync intellectual property.
5. Inventor Assignment Verification. We recommend requesting copies of all inventor assignment agreements for the named inventors on the DeltaSync Patents and Pending Applications, including any agreements between Nexilis and its co-founders, Dr. Samira Hajjar and Dr. Eoin Callahan, as well as any agreements between the co-founders and MIT relating to intellectual property developed during their academic tenure. These documents are essential to confirming that Nexilis holds clear and unencumbered title to the DeltaSync intellectual property.
6. License Agreement IP Provisions. Based on the findings of the ongoing diligence, we recommend ensuring that the Technology License Agreement includes the following key intellectual property provisions:
(a) Comprehensive Representations and Warranties regarding Nexilis's sole ownership of the DeltaSync intellectual property and the non-infringement of third-party patent rights;
(b) Robust IP Indemnification Provisions requiring Nexilis to defend, indemnify, and hold Brightfield harmless against any claims that the licensed DeltaSync technology infringes or misappropriates third-party intellectual property rights, with indemnification uncapped or capped at a level commensurate with Brightfield's total investment and potential exposure;
(c) Patent Maintenance and Prosecution Obligations requiring Nexilis to maintain all issued patents in force during the license term and to diligently prosecute the Pending Applications, with Brightfield having step-in rights if Nexilis fails to fulfill these obligations; and
(d) Appropriate Remedies in the event that any licensed patents are invalidated or held unenforceable, or if material Pending Applications are abandoned or finally rejected, including potential fee adjustments, termination rights, or other compensatory mechanisms.
7. International Patent Landscape. If Brightfield's Stratos platform deployment extends to non-U.S. markets in a material way — including the European Union, the United Kingdom, Japan, or other significant technology markets — we recommend expanding the FTO analysis to cover key international jurisdictions. This would include identifying relevant third-party patents in those jurisdictions and assessing whether Nexilis holds corresponding foreign patent rights that would provide Brightfield with intellectual property protection outside the United States.
VII. Crestline Engagement Fee
The total disbursement for Crestline Patent Analytics LLC's preliminary engagement is $42,500. This amount covers the patent landscape assessment, preliminary FTO screening, and preparation of the preliminary patent landscape memorandum delivered on July 10, 2023. The disbursement has been invoiced to Matter No. 1042-00003 under Billing Code BCS-NEXILIS-LIC-2023 and will appear on Brightfield's next billing statement from Calderwood & Harkness LLP.
Any additional analysis — including detailed claim charting for the high-priority third-party patent families, full prosecution history review for all issued and pending DeltaSync patents and applications, and any expanded international search — would be subject to a supplemental engagement with Crestline and would entail additional fees beyond the $42,500 already incurred. We will request a fee estimate from Crestline upon authorization from Brightfield and will provide the estimate for approval before proceeding with any additional engagement.
VIII. Conclusion
The DeltaSync patent portfolio represents a substantive and cohesive body of intellectual property covering key distributed-cache orchestration technologies. The portfolio, which comprises fourteen issued U.S. utility patents and six pending applications, addresses core innovations across cache coherence protocols, orchestration layer architecture, low-latency data synchronization, and security and access control. If properly licensed and integrated into the Stratos platform, the DeltaSync technology would provide meaningful competitive advantages to Brightfield in the enterprise cloud-management market and would enhance the Stratos platform's capabilities in a manner that is directly responsive to documented customer demand for real-time cache coherence in multi-region deployments.
At this preliminary stage, no absolute FTO bars have been identified that would prevent Brightfield from proceeding with the planned DeltaSync-Stratos integration. However, moderate risks exist from three high-priority third-party patent families whose claims could potentially read on specific aspects of the integration architecture. These risks require further investigation — specifically, detailed claim charting against the Stratos platform architecture — before a definitive FTO opinion can be rendered.
We recommend proceeding with the additional diligence steps outlined in Section VI above before Brightfield finalizes the license terms and commits to the $8,000,000 aggregate license fee. The additional diligence is designed to (i) resolve the open FTO questions relating to the high-priority third-party patents, (ii) confirm Nexilis's clear ownership of the DeltaSync intellectual property, (iii) assess the likelihood of issuance for the Pending Applications, and (iv) inform the negotiation of appropriate contractual protections in the license agreement. We estimate that the additional diligence can be substantially completed within approximately four to six weeks, depending on the availability of technical materials from Brightfield's engineering team and cooperation from Nexilis in providing requested documentation.
We remain available to discuss these findings with Ms. Bloom, Mr. Oshiro, and the broader Brightfield team — including Marcus Vail, Chief Technology Officer, and Lisa Redmond, VP, Corporate Development & Strategy — at your convenience. We are happy to organize a call or in-person meeting to review the Crestline report in detail and to discuss the recommended next steps and their implications for the transaction timeline.
Contact Information:
Wendy Schultz, Senior Associate, intellectual Property Calderwood & Harkness LLP 700 Louisiana Street, Suite 3400, Houston, TX 77002 Direct: (713) 555-4821
Email: wschultz@calderwoodharkness.com
Omar Siddiqui, Associate, intellectual Property Calderwood & Harkness LLP 700 Louisiana Street, Suite 3400, Houston, TX 77002 Direct: (713) 555-4837
Email: osiddiqui@calderwoodharkness.com
DISTRIBUTION NOTICE: This memorandum is privileged and confidential and is intended solely for the named recipients listed above. Distribution is restricted to Catherine Bloom, Daniel Oshiro, and such other individuals as may be authorized by Catherine Bloom. Do not forward, copy, or distribute this memorandum without the prior written authorization of Catherine Bloom.
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