Joint Appendix One

Case 2:10-cv-07678-JFW-DTB Document 64-3 Filed 10/07/11
#:1246
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FutureLogic for 24 VM printers at $850 each.
printers.
47.
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By March 10, 2000, Futurelogic had produced at least fifteen VM
48. After receipt of Coca-Cola's April 2000 purchase order, on or about
April 14, 2000, Futurelogic shipped the 24 VM Printers to Coca-Cola. Invoices for
these units were issued by FutureLogic on April 17, 18 and 20, 2000, respectively,
to Coca-Cola.
49. Futurelogic was not privy to the locations or the models of the vending
machines in which Coca-Cola installed the printers for use in the field.
50. Coca-Cola placed the 24 VM printers at locations throughout
Cincinnati, Ohio and FutureLogic was not present when Coca-Cola installed the
units in the field for use by customers of its vending machines.
51. The VM printers were still in use as of February 15, 2001 and the field
test was successful.
52. Out of the 24 VM printers provided to Coca-Cola, Coca-Cola returned
only two or three printers to Futurelogic for repair or replacement.
53. During the prosecution of the '855 patent, FutureLogic, the inventor
and his patent attorney intentionally failed to disclose to the PTO the April 25 and
October 18, 1999 offers for sale, the sale of 24 prototype units to Coca-Cola or the
public use activity in Cincinnati, Ohio.
54. During the prosecution of the '855 patent, FutureLogic, the inventor
and its patent attorney knowingly made false statements to the Fro concerning the
existence of a mutual non-disclosure agreement, the sharing of costs, the operation
of the prototype units sold to Coca-Cola and the experimental use of such
prototypes by Coca-Cola. Pursuant to Fed. R. Civ. P. 8(d)(2), in the alternative, if
the "claimed invention" described in Mr. Meyerhofer's declarations and in remarks
to the PTO by its patent attorney, is represented or determined to not include all
Proposed -7-
Additions to
Answer
-A0355-
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