Joint Appendix One

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2:10-cv-07678-JFW-DTB Document 65-1 Filed 10/07/11 Page 3 of 36 Page ID
#: 1280
Nanoptix's Alleged Uncontroverted Response in Opposition
Facts
3. The inventor of the '855 Patent,
Mark Meyerhofer, testified that this
"dual port" feature of independent claim
1 was what was different from the
FutureLogic printers he had worked on
previously.
4. Mr. Meyerhofer is the Co-Chief
Technology Officer of FutureLogic, its
former President and FutureLogic's
30(b)(6) witness on topic numbers 1 and
2 (conception) of Nanoptix's 30(b)(6)
Deposition Notice.
-A0389-
-3-
Rounds Decl. 22, Meyeflaofer Tr.
31:19-32:3.
Disputed to the extent it suggests the
"dual port!' feature was the only
difference. Mark Meyerhofer also
testified "I believe that Claim 1 and
subsequent claims to fllat really describe
a printer that is different in how it
operates than those that were in the
market at the time that we conceived the
product. They had different control
features on how printing was
established, and so we believed it was
different in that regard than the printers
that we were aware of
on the market."
See Rounds Decl. 22, Meyerhofer Tr.
31 :l 1-32:18.
Rounds Decl. 5, Exhibit 4; Rounds
Decl. 22, Meyerhofer Tr. 16:13-17:13,
184:9-185:23.
Disputed to the extent it suggests Mark
Meyerhofer was FutureLogic's 30(b)(6)
witness on topic 2 for any issue other
than conception of the claimed
inventions.
FLrFURELOG IC'S S'I_IT OF ISSUES OF MATERIAL FACT IN
OPP TO NANOPTIX'S .MOT[O 1_
2:10-CV-07678-JFW-DTB