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Joint Appendix One

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Case 2:10-cv-07678-JFW-DTB Document 57-12 Filed 09/28/11 Page 2 of 6 Page ID<br />

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INTERROGATORY NO. 3:<br />

For each claim of the PATENT-IN-SUIT, state the invention date, and<br />

identify all evidence supporting conception of the invention, reduction to practice<br />

of the invention, and diligence from the date of conception to the date of reduction<br />

to practice of the invention, and identify each PERSON with knowledge of any of<br />

the foregoing, along with all DOCUMENTS relating to the foregoing.<br />

RESPONSE TO INTERROGATORY NO. 3:<br />

FutureLogic objects to this interrogatory on the grounds set forth in its<br />

Preliminary Statement and General Objections above, all of which are specifically<br />

incorporated herein by this reference.<br />

Subject to and without waiving any general or specific objections set forth<br />

above, and to the extent FutureLogic understands this request, FutureLogic<br />

responds to this interrogatory as follows:<br />

The claims of the '855 Patent were reduced to practice before December 19,<br />

2000. FutureLogic constructed a number of prototype promotional printers having<br />

the features of the invention for experimental use, including a co-development<br />

project FutureLogie conducted with a soft drink manufacturer under a mutual non-<br />

disclosure agreement. The prototypes were operated for a period of time by<br />

FutureLogic and the soft drink manufacturer before December 19, 2000. The<br />

purpose of this operational period was to test the operation of the prototype<br />

promotional printers in vending machines. The evidence supporting the reduction<br />

to practice before December 19, 2000 is included in the file history of the '855<br />

Patent, Mark Meyerhofer has knowledge of the conception and reduction to<br />

practice of the invention of the '855 Patent. In addition, Eric Meyerhofer and Oleg<br />

V. Dymovsky have knowledge of the development and operation of the prototype<br />

promotional printers.<br />

SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 3:<br />

FutureLogic objects to this interrogatory on the grounds set tbrth in its<br />

00130<br />

Nanoptix' Summary Judgment Exhibit No. 10<br />

-A0269-<br />

FUTURELOGIC'S SECOND SUPPLEMENTAL<br />

2 RESPONSES TO NANOPTIX'S FIRST SET OF<br />

I NTERROGATORIES<br />

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