Joint Appendix One

Case 2:10-cv-07678-JFW-DTB Document 65-1 Filed 10/07/11 Page 29 of 36 Page ID
#: 1306
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FutureLogic's Statement of Genuine
Issues Of Material Facts In Opposition
To Nanoptix's Motion For Summary
Judgment
119. During prosecution of the '855
Patent, Mark Meyerhofer subtnitted a
declaration informing the USPTO of the
Coca-Cola printer development project
and providing the relevant details
regarding that project.
120. The June 1,2009 declaration of
Mark Meyerhofer states that "the soft
drink manufacturer"---i.e., Coca-Cola--
made payments to cover part of
FutareLogic's costs of developing the
"promotional couponing system."
121. The June 1, 2009 declaration of
Mark Meyerhofer states that a number of
prototype printers that embodied the
'855 patent were constructed by
FutureLogic for experimental use during
the period of the project.
122. The June 1, 2009 declaration of
Mark Meyerhofer states that the
prototype printers were operated for a
period of time by FutureLogic and the
soft drink manufacturer and that the
prototype printers were accessible only
to personnel of FutureLogic and the soft
drink manufacturer.
123. The Jtme 1, 2009 declaration of
Mark Meyerhofer states that FutureLogic
and Coca-Cola exchanged information
subject to a mutual confidentiality
agreement.
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-A0415-
Suppo rtin g Evidence
Dkt. No. 57, Roands Ex. 3.
Dkt. No. 57, Rounds Ex. 3 at 23 6.
Dkt. No. 57, Rounds Ex. 3 at 23 7.
Dkt. No. 57, Rotmds Ex. 3 at 24 8.
Dkt. No. 57, Roands Ex. 3 at 23 6.
F[YI?URELOG [C' S S1%IT OF ISSUES OF MA'I_.RIAL FACT IN
OPP TO NANOPTL'C S MOTION
2: I0-CV-07678-JFW-D'rB