Joint Appendix One

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!:10-cv-O7678-JFW-DTB Document 65-1 Filed 10/07/11 Page 15 of 36 Page ID
#: 1292
Nanop_'s Alleged Uncontroverted Response in Opposition
Facts
40. In November 1999, The Coca-
Cola Company sent a purchase order to
FutureLogic for the phase 1 and 2 VM
printer prototypes. Subsequently, in
April 2000, Coca-Cola Enterprises sent a
purchase order for the phase 2 prototypes
because the latter Coca-Cola company
was operating the units in the field trial.
41. By March 10, 2000, FutureLogic
had produced at least fifteen VM
printers.
42. After receipt of Coca-Cola' s
purchase order, on or about April 14,
2000, FutureLogic shipped the 24 VM
Printers to Coca-Cola. Invoices for these
units were issued by FutureLogic on
April 17, 18 and 20, 2000, respectively,
to Coca-Cola.
43. FutureLogic was not privy to the
locations or the models of the vending
machines in which Coca-Cola installed
the printers for use in the field.
-A0401-
- 15 -
Rotmds Decl. 22, Meyerhofer Tr,
137:19-143:5; Rounds Decl. 14,
Exhibit 15 (reference to Coca-Cola
Enterprises).
Disputed. The cited evidence does not
establish that a November 1999
purchase order for "VM" units was
issued. The cited evidence does not
establish that an April 2000 purchase
order for "phase 2 prototypes" was
issued.
Rotmds Decl. 22, Meyerhofer Tr.
44:7-46:21; Rounds Decl. 6, Exhibit 5
at p. 1104.
Undisputed.
Rounds Decl. 22, Meyerhofer Tr.
139:19-140:6, 143:7-17; Rounds Decl.
16, Exhibit 17;
Rounds Decl. 17, Exhibit 18.
Undisputed that FutureLogic provided
24 VM units to Coca-Cola or CCE.
Disputed as to invoices being sent on
April 17, 18, and 20, 2000. The cited
evidence does establish the subject
matter of any invoices sent on that date.
Rounds Decl. 22, Meyerhofer Tr.
37:16-39:21.
Disputed. Scott Shimmin of
FutureLogic visited CCE and helped to
install the prototype printers into Coca-
Cola vending machines. See E.
Meyerhofer Decl. 14; Ex. 23.
FI.yFURELOG IC'S S'h'IvlT OF ISSUES OF MATERIAL FACT IN
OPP TO NANOPTIX'S MOTION
2:i0-CV-076784FW-DTB