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Joint Appendix One

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2:10-cv-07678-JFW-DTB Document65-21 Filed 10/07/11 Page2 of 7 Page tD<br />

#: 1367<br />

I, Eric Meyerhofer, declare and state as follows:<br />

1. I am employed by FutureLogic, Inc. ("FutureLogic") in the position of<br />

Chief Executive Officer. The thcts set forth in this declaration are known to me<br />

personally. If called as a witness, I could and would testify competently concerning<br />

these matters.<br />

2. I was vice president of product development at FutureLogic during the<br />

t 997-2000 timeframe. As vice president of product development, I was responsible<br />

for the design and development of a prototype coupon printer intended for Tokheim<br />

Manufacturing Company ("Tokheim"), a manufacturer of fuel dispensing<br />

equipment. FutureLogic had previously developed commercialized gas pump<br />

printers for Tokheim.<br />

3. The prototype coupon printer tbr Tokheim had model number PMC-<br />

2010-A. The PMC-2010-A printer was designed to print receipts and coupons<br />

using data received from two different sources--namely, a gas pump controller and<br />

a network promotional controller.<br />

4. FutureLogic built this prototype in 1997-1998 and intended to present<br />

it to Tokheim. Because of changes in Tokheim's business condition, FutureLogic<br />

determined it would not be worthwhile to present the prototype to Tokheim and did<br />

not do so.<br />

5. The firmware for PMC-2010-A was completed and saved in<br />

FutureLogic's source code vault, Visual SourceSafe, on January 21, 1998.<br />

FUT00109014-FUT00109016 is a true and correct copy of a printout from Visual<br />

SourceSafe showing the dates that source code files related to the PMC-2010-A<br />

were completed. Visual SourceSafe is a source code control system that<br />

FutureLogic uses to control and track revisions to source code.<br />

6. As head of engineering in the 1997-2000 timeframe, I was also<br />

responsible for the design and development of a coupon printer for vending<br />

machines that FutureLogic created as part of a co-development project with the<br />

-A0476-<br />

- 2 - DECLARATION OF ERIC<br />

MEYERHOFER 2:10-CV-07678-JFW-DTB<br />

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