Joint Appendix One

Case
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:10-cv-07678-JFW-DTB Document 57 Filed 09/28/11 Page 2 of 8 Page ID #:913
I, Michael D. Rounds, do hereby declare and state:
I. I am lead u'ial counsel for Defendant Nanoptix, Inc. and am licensed to
practice in the states of California and Nevada. I am familiar with the
requirements of authentication in the Federal Rules of Evidence, the Ninth Circuit,
the Central District of California and this Court's Scheduling Order, Document
Nos. 26 and 38. This declaration is based upon my personal knowledge.
2. Auached as Exhibit 1 is a true and correct copy of an excerpt from the
report of FutureLogic Inc.'s ("FutureLogic") expert witness, Stanley Hendryx,
which was served upon my law firm by FutureLogic's counsel on September 6,
2011.
3. Attached as Exhibit 2 is a true and conect copy of United States Patent
No. 7,594,855 ("'855 Patent") that was attached to Plaintiff FutureLogic, Inc.'s
Complaint in this action. Mr. Mark Meyerbofer, the inventor of the '855 Patent,
confirmed in FutureLogic's deposition that this was the '855 Patent. Meyerhofer
Tr. 17:16-25.
4. Attached as Exhibit 3 are true and correct copies of excerpts from the file
history of the '855 Patent, which was obtained and downloaded under my direction
and control on March 10, 2011 from the United States Patent Office website,
uspto.gov, where prosecution records for United States patents are ordinarily kept.
Mr. Meyerhofer confirmed in FutureLogic's deposition that the declarations
included in these excerpts are his declarations submitted to the United States Patent
Declaration of -2-
Michael Rounds
-A0133-
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