Joint Appendix One

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2:10-cv-07678-JFW-DTB Document 65 Filed 10/07/11 Page 11 of 26 Page ID
#:1262
approximately 10 employees at the time--and could not afford to embark on a large
development and testing project without receiving any income. (Facts, 1 89.)
Accordingly, Coca-Cola and FutureLogic agreed to share the costs of developing
and testing prototypes. (Facts, 1 89.)
4. FutureLogic And Coca-Cola Developed And Carried Out
Test Procedures For DeterminingWhether The Prototypes
Would Work Under Conditions Of Actual Use
Pursuant to FutureLogic's and Coca-Cola's development project, Coca-Cola
and CCE used the PSA-66-VM prototypes in "field trials" to detennine whether
they would work for their intended purpose of printing coupons under conditions of
actual use in a vending machine placed in the field. (Facts, 1 90.) Before the field
trials, FntureLogic engineers worked with Coca-Cola engineer Mr. Ahluwalia to
develop a detailed plan for testing flae printing ability of the PSA-66-VM in
vending machines. (Facts, 11 91-92.) To determine whether the printer would
work for its intended purpose in vending machines and under conditions of actual
use, it was necessary to test the printer in various environmental conditions--
including, for example, different humidity levels and voltage variations. (Facts,
93.)
Scott Shimmin, FutureLogic's project manager for the Coca-Col a printer
project, visited CCE to help install the prototypes in vending machines at the
commencement of the field trials. (Facts, 94.) Mr. Shimmin trained Coca-Cola
and CCE personnel in how to load coupon data into the printers and how to use the
FutureLogic prototype printers for printing coupons. (Facts, 1 95.)
When the PSA-66-VM prototypes were installed in vending machines for the
field trials, they were placed in a locked compartment inside the vending machine
cabinet and were not visible to the public. (Facts, 96.)
5. FutureLogic Requested, And Coca-Cola Provided, Periodic
Reports Regarding The Field Testing Of The Prototype
Printers
At the beginning of the field trials, FutureLogic provided Coca-Cola a
-A0371 -
OPPOSI'IION TO DEFENDANT'S MOTION FOR
7 SUMMARY JUDGMENT
CV 10-07678-JFW (DTBX)