Joint Appendix One

Cas, 2:10-cv-07678-JFW-DTB
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Document 65
#: 1259
Filed 10/07/11 Page8of26 Page ID
during the primer development project was treated as confidential by all parties
involved in this field test." (Facts, 62.) In addition, Mr. Uland's testimony, and a
contemporaneous email message he sent to Mark Meyerhofer, demonstrate that Mr.
Uland and Interleave Systems "always" treated FutureLogic's technical information
as confidential. (Facts, 63-65.)
In addition, an August 26, 1999 letter agreement proposed and signed by
Coca-Cola (though not countersigned by FutureLogic) indicates Coca Cola's
acknowledgement and understanding that the parties' past and future disclosures of
proprietary information were and would be pursuant to a "confidential relationship"
and subject to a "secrecy obligation." (Facts, 66.) Further, the technical
specification prepared by FutureLogic concerning the communications protocol for
the prototype printers provided to Coca-Cola states:
Any party receiving tiffs document is hereby notified that
it is not a public document. This document contains
PROPRIETARY and CONFIDENTIAL information of
FutureLogic, Inc. Disclosure of this document to other
parties is controlled by non-disclosure agreement with the
disclosing party.
(Facts, 67.) This document was provided to Coca-Cola, clearly confinning to
Coca-Cola that FutureLogic required its technical information to be maintained as
confidential. (Facts, 67.)
2. Plans For The Coupon Printer For Coca-Cola Continued To
Evolve Over The Course Of The Project
Nanoptix asserts that "[b]y April 17, 1997 there was a printer specification
drafted by third party Interleave Systems that disclosed a dual port promotional
printer embodimem for receiving coupon and voucher data and printing both
documents. (Dkt. No. 55 at 4, citing Rounds Exhibit 9.) Not so. The 1997
specification expressly provides that the printer's interface had the ability to
communicate via either the MDB port or the RS232 port, but not both. (Facts,
-A0368-
OPPOSITION TO DEI"ENDANT'S MOTION I"OR
4 SUMMARY JUDGMENT
CV 10-07678-JFW (DTBX)
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