Joint Appendix One

Case 2:"
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)-cv-07678-JFW-DTB Document 56 Filed 09/28/11 Page 6 of 11 Page ID #:906
were not accessible by the public."
25. On June 25, 2009, the PTO issued aNotice
of Allowance and withdrew its 35 U.S.C. § 102(b)
rejection based upon FutureLogic's June 3rd
representations.
26. As of March 7, 1997, FutureLogic was in
discussions with Interleave Systems to develop a
printer for Coca-Cola.
27. On March 20 and March 3 I, 1997,
FutureLogic signed two Non-Disclosure
agreements with Coca-Cola. Neither agreement
imposed any confidentiality obligations upon
Coca-Cola.
28. An Interleave Systems' printer specification
dated April 17, 1997 discloses a printer having
two ports: 1) an RS232 port supporting
programming and creation of coupons; and 2) an
MDB port complying with Coca-Cola's
"Electronic Vending Standard, Revision 1 Draft -
Peripheral Communication."
29. Interleave eventually "bowed out" of the
Coca-Cola project.
30. FutureLogic avers in an interrogatory
response that the invention of the '855 Patent was
conceived by September 3, 1997, and was reduced
to practice by January 21, 1998.
31. On or about April 25, 1999, FutureLogic
sent a letter to Coca-Cola that provided quotes to
Coca-Cola for a "CCUSA" printer, describing it as
a "highly customized printer." The letter states:
"What is proposed is a true product price; [there]
have been no omissions which can lead to product
up charges after the award of the contract."
32. The April 25 "_quote included prices for
production units based upon quantity ($395 to
$450) and prices for two phases of prototypes
($17,500 and $850, respectively).
33. In correspondence dated May 3, May 18,
and June 15, 1999, FutureLogic, with Coca-Cola's
input, made modifications to the printer power
Rounds Decl. _[ 4, Exhibit 3
at p. 25.
Rounds Decl. q[ 7, Exhibit 6;
Rounds Decl. q[ 22,
Meyerbofer Tr. 105:21-24.
Rounds Decl. tl[tj[8-9,
Exhibits 7 and 8.
Rounds Decl. q[ 10, Exhibit
9 at pp. 118-19; Rounds
Decl. _ 22, Meyerhofer Tr.
1.09:17-110:16.
Rounds Decl. q[ 22,
Meyerhofer Tr. 107:19-
108:1.
Rounds Decl. eli 11, Exhibit
l0 atp. 131.
Rounds Decl. q[ 12, Exhibit
! 1 at pp. 135-36; Rounds
Decl. _ 22, Meyerhofer Tr.
119:5-18.
Rounds Decl. _l[12, Exhibit
ll atpp. 137-38.
Rounds Decl. _ 13, Exhibits
12-14; Rounds Decl. q[ 22,
Meyerhofer Tr. 133:24-
- 6 - Case No. CV 10-7678-JFW-DTB
Nanopdx, lnc.'s Slatement of Uncontroverled Facts and Conclusions of Law
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