Joint Appendix One

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!:10-cv-O7678-JFW-DTB Document 65-1 Filed 10/07/11 Page 13 of 36 Page ID
#: 1290
Nanoptix's Alleged Uncontroverted Response in Opposition
Facts
35. On or about October 18, ! 999,
FutureLogic sent a letter and revised
product quotation to Coca-Cola for the
VM printer, also referred to as the
"CCUSA" printer.
36. The PSA-66-CC product
designation in tile October 18th quote is
an internal reference to the VM printer.
-]3-
-A0399-
Rounds Decl. 15, Exhibit 16 at p. 143.
Disputed. The "VM" printer is not also
referred to as the CCUSA printer. The
cited exhibit refers to PSA-66-CC
prototype printers, which were never
built. (M. Meyerhofer Dep. Tr. 128:16-
129:4.)
Rounds Decl. 22, Meyerhofer Tr.
1.32:20-133:18.
Disputed. Mr. Meyerhofer testified that
someone else "would not have caught
the differentiation between the dash CC
and the VM." M. Meyerhofer Dep. Tr.
133:7-9. Mr. Meyerhofer stated that
"once we got close to when they finally
issued a P.O., which was still another
month after this, at the time I believe we
were locked down to a name ofa VM."
(M. Meyerhofer Dep. Tr. at 133:10-13.)
Mr. Meyeflaofer acknowledged that
someone may have erroneously referred
to VM as PSA-66-C. "Q. So the PSA-
66-CC is referring to the VM unit, but
somebody internally referred to it as
PSA-66-CC; is that fair? A. I think
that's what. it is." (M. Meyerhofer Dep.
Tr. 133:15-18.)
I,%,rI'URELOG ICes S 7_'MT OF ISSUES OF MATERIAL FAt.Y[" IN
OPP TO NANOPTIX'S MOTION
2:10.CV-07678-JFW-DTB