Joint Appendix One

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2:10-cv-07678-JFW-DTB Document 58 Filed 09/28111 Page 9 of 21 Page ID
#:1136
me. At that time, it wasn't my responsibility to hold those NDAs. They were kind of
turned over to our document control system prior to that, I suspect, because we
upgraded that probably in the mid -- or early to mid 2000s, but that would have
been the general repository site. I really don't know -- remember searching for it or
seeing it.
Meyerhofer Depo. Vol. I at 104:6-10:
BY MR. ROUNDS: Let me show you what I've marked as Exhibit 113, which is a
March 7, 1996, letter from yourself to Mr. Uland. Do you have that in front of you?
A. Yes.
Meyerhofer Depo. Vol. I at 105:1-24:
Q. BY MR. ROUNDS: Are you ready to proceed, Mr. Meyerhofer?
A. Yes. Thank you for giving me the opportunity to talk to counsel. I-- what I
wanted to state about this document I discovered this as part of my examination of
the record going back. This date is -- there is a typo, and the typo is in the year. It's
actually '97 from what I could tell by reconstructing the timeline and
correspondence with Dave Uland and the like. And I couldn't -- I was trying to
resolve it because it was such -- it was earlier -- specifically earlier than the bulk of
all the other documents, and yet from all the notebook communications I have, it
was in -- it was in this time frame, exactly in '97, and not '96, so that's why I wanted
to bring that up. I believe that's a typo.
Q. Okay. Well, thank you for that clarification.
A. Okay.
Q. To summarize then, you believe that the proper date for Exhibit 113 is March
7th of 1997 as opposed to March 7th of 1996; is that fair?
A. That's correct.
Nanoptix'
Excerpts of
Deposition
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