Joint Appendix One

Case
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2:10-cv-07678-JFW-DTB Document 65-1 Filed 10/07/11 Page 10 of 36 Page ID
#:1287
Nanoptix's Alleged Uncontroverted Response in Opposition
Facts
27. On March 20 and March 31, 1997,
FutureLogic signed two Non-Disclosure
agreements with Coca-Cola. Neither
agqeement imposed any confidentiality
obligations upon Coca-Cola.
28. An Interleave Systems' printer
specification dated April 17, 1997
discloses a printer having two ports: 1)
an RS232 port supporting programming
and creation of coupons; and 2) an MDB
port complying with Coca-Cola's
"'Electronic Vending Standard, Revision
1 Draft - Peripheral Communication."
29. Interleave eventually "bowed out"
of the Coca-Cola project.
-A0396-
- 10 -
Rounds Decl. 8-9, Exhibits 7 and 8.
Undisputed as to the fact that the two
documents were signed, and that they
do not explicitly impose nondisclosure
obligations on Coca-Cola.
Disputed to the extent it suggests Coca-
Cola was not subject to a nondisclosure
agreement. Coca-Cola was obligated to
maintain, and did maintain,
FutureLogic's information as
confidential. See inJba, 126-128.
Rounds Decl. 10, Exhibit 9 at pp. 118-
19; Rounds Decl. 22, Meyerhofer Tr.
109:17-110:16.
Disputed. While the printer
specification discloses a printer with
two physical corn m uni cation ports, an
RS232 port mad an MDB port, it also
discloses that only one of the two ports
was capable of receiving data at one
time. See Rounds Decl., Exhibit 9 at p.
2 l ; see also E. Meyerhofer Decl. 8.
Rounds Decl. 22, Meyedlofer Tr.
107:19-108:1.
Disputed. Interleave remained involved
in the FutureLogic's co-development
project with Coca-Cola. Coca-Cola
decided not to commercialize the
printers FutureLogic developed for
Coca-Cola vending lnachines. See Oct.
6. 2011 Ahluwalia Decl. 4.)
F[/'FUREI,OGIC'S S] .'.'MT OF ISSUES OF MA'INRIAI, FACT 1N
OPP TO NANOPTIX'S MOTION
2: IO-CV-O76711-JFW-DTB
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