Joint Appendix One

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)TB Document 56 Filed 09/28/11 Page 7 of 11 Page ID #:907
supply, printer width and packaging and paper
width to reduce the cost of each printer at
production.
34. On July 16, 1999, Coca-Colaresponded to
FutureLogic's April 25 th Order and ordered
twenty-four CCUSA printers from FutureLogic.
35. On or about October 18, 1999, FutureLogic
sent a letter and revised product quotation to Coca-
Cola for the VM printer, also referred to as the
"CCUSA" printer.
36. The PSA-66-CC product designation in the
October 18 th quote is an internal reference to the
VM printer.
37• The VM printer set forth in the October 18 u'
letter with price quotations is the same Coca-Cola
printer referred to by Mr. Meyerhofer in his first
and second declarations to the PTO.
38. The October 18 tll letter from Mr•
Meyerhofer stated that "I am sending you a
revised quotation that addresses the evolution of
the CCUSA printer• This is the same printer as
before, but includes the added options that were
requested (note that we have assigned a new part
number to the printer)•" The added options were
65ram media size, a manual paper cutter/tear
operation, a real-time clock calendar and a
24VAC@4.5A input power handling capability•
39. The October 18 m letter included higher
prices for production unit quantity ($402.50 to
$457.50) and phase I prototypes ($23,500)
• 25 t_l r u h sam
compared to the April ette, b t t e ,' e
price ($850) for phase two prototype units• The
price changes reflected the additional features
requested by Coca-Cola.
40. In November 1999, The Coca-Cola
Company sent a purchase order to FutureLogic for
the phase 1 and 2 VM printer prototypes.
Subsequently, in April 2000, Coca-Cola
Enterprises sent a purchase order for the phase 2
prototypes because the latter Coca-Cola company
| -A012 7-
134:22.
Rounds Decl. q[ 14, Exhibit
15; Rounds Decl. q[ 22,
Meyerhofer Tr. 1.26:1-
127:6.
Rounds Decl. 1I 15, Exhibit
16 at p. 143.
Rounds Decl. I[ 22,
Meyerhofer Tr. 132:20-
133:18.
Rounds Decl. q[ 22,
Meyerhofer Tr. 36:21-
37:15, 44:8-22•
Rounds Decl. 1115, Exhibit
i 6 at p. 143.
Rounds Decl. I[ 115, Exhibit
16 at pp. 144-45. Rounds
Decl. 1[ 12, Exhibit 11 at pp.
137-38.
Rounds Decl. q[ ! 5, Exhibit
16 at p. 143.
Rounds Decl. II 22,
Meyerhofer Tr. 137: 19-
143:5; Rounds Decl. ¢][14,
Exhibit 15 (reference to
Coca-Cola Enterprises).
-7- Case No. CV 10-7678-JFW-DTB
Nanoptix, lnc.'s Statement of Uncontrovcrted Facts and Conclusions of Law