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Extract to table / pre-suit-infringement-analysis-678-patent.docx
pre-suit-infringement-analysis-678-patent.docx
Parties
Harkness LLP
Optiwave Semiconductor Corp
Festo Corp
Stein LLP
AWH Corp
Raytek Corp
Under Festo Corp
Dates
May 5, 2022
May 6, 2022
May 7, 2022
April 18, 2022
April 25, 2022
June 22, 2018
June 29, 2021
April 28, 2022
March 15, 2022
April 4, 2022
Amounts
$187.4
$312.8
$1.87
$1,200
$1,800
$600
$900
$148.6
$62.3
Obligations
By fabricating these components as part of the same semiconductor manufacturing process on a common silicon substrate, the patented architecture eliminates the need for separate optical components that must be hybrid-integrated or flip-chip bonded to the transceiver assembly
" The three categories of components that must be formed during the "common" process are explicitly enumerated: WDM elements, modulators, and photodetectors
This argument has stronger textual support than the corresponding argument for Claim 1, because Claim 9 explicitly enumerates the three categories of components that must be formed in the common process and does not list light sources
Under the anticipated narrow defense construction — in which the entire transceiver must be free of any heterogeneous integration — this limitation is not met
The key question would then be whether the "wavelength-specific light source" recited in sub-element (a) of Claim 1 must be on the silicon die, or whether it can be provided externally