Joint Appendix One

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2:10-cv-07678-JFW-DTB Document 64-3 Filed 10/07/11 Page 7 of 10 Page ID
#: 1245
Disclosure agreements with Coca-Cola. Neither agreement imposed any
confidentiality obligations upon Coca-Cola. After signing the agreements,
FutureLogic developed a promotional printer for use in Coca-Cola's vending
machines.
39. FutureLogic avers in an interrogatory response that the invention of
the '855 Patent was conceived by September 3, 1997, and was reduced to practice
by January 21, 1998.
40. On or about April 25, 1999, FutureLogic sent a letter to Coca-Cola that
provided quotes to Coca-Cola for a "CCUSA" printer, describing it as a "highly
customized printer." The letter states: "What is proposed is a true product price;
[there] have been no omissions which can lead to product up charges after the
award of the contract."
41. The April 25 quote included prices for production units based upon
quantity ($395 to $450) and prices for two phases of prototypes ($17,500 and $850,
respectively).
42. On July 16, 1999, Coca-Cola responded to FutureLogic's April 25
Order and ordered twenty-four CCUSA printers from FutureLogic.
43. On or about October 18, 1999, Futurelogic sent a letter and revised
product quotation to Coca-Cola for the PSA-66-VM or VM printer.
44. The VM printer set forth in the October 18 letter with price quotations
is the same Coca-Cola printer referred to by Mr. Meyerhofer in his first, second and
third declarations to the PTO.
45. The October 18 letter included higher prices for production unit
quantity ($402.50 to $457.50) and phase I prototypes ($23,500) compared to the
April 25 letter, but the same price ($850) for phase two prototype units. The price
changes reflected the additional features requested by Coca-Cola.
46. In November 1999 and April 2000, Coca-Cola sent purchase orders to
Proposed -6-
Additions to
Answer
-A0354-