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Joint Appendix One

Joint Appendix One

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:10-cv-07678-JFW-DTB Document 57 Filed 09/28/11 Page 3 of 8 Page ID #:914<br />

Office ("PTO") during prosecution of the '855 Patent. Meyerhofer Tr. 19:20-20:8,<br />

35:16-20, 84:4-16.<br />

5. Attached as Exhibit 4 is a true and correct copy of the Fed. R. Civ. P.<br />

30(b)(6) deposition notice that Nanoptix served upon FutureLogic in this action.<br />

Mr. Meyerhofer was the designated corporate representative for FutureLogic on<br />

topic numbers 1 and 2 (conception). Meyerhofer Tr. 16: 13-17: 13.<br />

6. Attached as Exhibit 5 are true and correct color copies of the exhibits that<br />

were attached to Mr. Meyerhofer's declarations in Exhibit 3 and submitted to the<br />

PTO during prosecution of the '855 Patent. See Meyerhofer Tr. 35:22-36:6. These<br />

copies were produced to Nanoptix by FutureLogic in discovery in this case and bear<br />

the Bates numbers FUT00007710-7716.<br />

7. Attached as Exhibit 6 is a true and correct copy of a March 7, 1997 letter<br />

from Mr. Meyerhofer to Dave Uland that was produced to Nanoptix by FutureLogic<br />

in discovery and bears the Bates number FL0022026, and was confirmed by Mr.<br />

Meyerhofer as his letter at FutureLogic's deposition. Meyerhofer Tr. 104:6-10,<br />

105:1-24.<br />

8. Attached as Exhibit 7 is a true and correct copy of a March 20, 1997 non-<br />

disclosure agreement between FutureLogic and The Coca-Cola Company produced<br />

by FutureLogic to Nanoptix in discovery and bearing the Bates number<br />

FUT00078769. This document was not produced until August 4, 2011, one week<br />

after the FutureLogic depositions were completed on July 27 and 28, 2011.<br />

Declaration of -3-<br />

Michael Rounds<br />

-A0134-

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