Joint Appendix One

Case 2 10-cv-07678-JFW-DTB
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Document 55 Filed 09/28/11 Page 8 of 14 Page ID #:885
prototypes ($17,500 and $850, respectively). /d., _[32. The promotional printer in
the quote was subsequently modified for features outside the scope of the claimed
invention (See Facts, _[q[ 10, 12 and 14) such as power supply, printer width,
packaging and paper width, ld., q[ 33. Coca-Cola responded to the April 25 tt' quote
by ordering 24 units, although these units were never delivered, ld., qI 34.
On October 18 th, in light of further modifications such as power and paper
size unrelated to the claimed invention (See Facts, 111[10,12 and 14), Mr.
Meyerhofer sent a quotation letter to Coca-Cola for the VM printer described in his
PTO declarations. Facts, q[q[35-38. As a result of these non-patented
modifications, the letter included higher prices for production quantities and phase
1 prototypes, but the price of $850 for phase 2 prototypes remained the same as the
April 25, 1999 quote. Id., t[ 39. ]n November 1999, The Coca-Cola Company sent
a purchase order to FutureLogic tbr the phase 1 and 2 prototypes. Id., 1[40.
Subsequently, in April 2000, Coca-Cola Enterprises sent a purchase order for the
$850 phase 2 prototypes, the change in Coca-Cola entity reflecting the entity that
would actually be operating the units in the field trial, ld.
By March 10, 2000, FutureLogic had produced at least 15 VM printers and,
after receipt of the April, 2000 purchase order, shipped the 24 VM printers to Coca-
Cola. Facts, cI[I[41-42. FutureLogic followed up with invoices for the 24 units to
Coca-Cola dated April 17, 18 and 20, 2000, respectively, ld. Coca-Cola placed the
24 printers in its vending machines at locations throughout Cincinnati, Ohio for a
Nanoptix' MSJ -5-
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