Joint Appendix One

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2:10-cv-07678-JFW-DTB Document 65-1 Filed 10/07/11 Page 9 of 36 Page ID
#:1286
Nanoptix's Alleged Uncontroverted Response in Opposition
Facts
22. In his third declaration, Mr.
Meyerhofer stated in paragraph 6 that
Future Logic and the soft drink
manufacturer (Coca-Cola) "... shared the
costs of the project which resulted in
payments to FutureLogic to cover a part,
of the costs." Mr. Meyerhofer also
stated that "FutureLogic and the soft
drink manufacturer were subject to a
mutual non-disclosure agreement
regarding the project."
23. In paragraph 7 of his third
declaration, Mr. Meyerhofer stated that
"... a number of prototype promotional
printers having the features of the
invention were constructed by
FutureLogic for experimental use during
the period of the project."
24. In paragraph 8 of his declaration,
Mr. Meyerhofer stated that "During the
operational period, the prototype
promotional printers were only
accessible by the technical personnel of
FutureLogic and the soft drink
manufacturer and were not accessible by
the public."
25. On June 25, 2009, the PTO issued
a Notice of Allowance and withdrew its
35 U.S.C. § 102(b) rejection based upon
FutureLogic's June 3rd representations.
26. As of March 7, 1997, FutureLogic
was in discussions with Interleave
Systems to develop a printer for Coca-
Cola.
-A0395-
-9-
Rounds Decl. 4, Exhibit 3 at p. 23.
Undisputed.
Rounds Decl. 4, Exhibit 3 at p. 23.
Un disputed.
Rounds Dec1. 4, E,_fibit 3 at p. 24.
Undisputed.
Rounds Decl. 4, Exhibit 3 at p. 25.
Undisputed.
Rounds Decl. 7, Exhibit 6; Rounds
Decl. 22, Meyerhofer Tr. 105:21-24.
Undisputed.
FI/TURELOG[C'S S'I_'MT OF ISSUES £)F MATERIAl. FACT IN
OPP TO NANOPTIX'S MOTION
2:10-CV-07678-JFW-DTB