Joint Appendix One

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10-cv-07678-JFW-DTB Document 65-22 Filed 10/07/11 Page 3 of 5 Page ID
#: 1375
Cola's acknowledgement and proposal that FutureLogic's past and future
disclosures of proprietary information were to be maintained as confidential.
6. FL0023292- FL00232924 is a true and correct_copy of a letter I sent to
Simmy Ahluwalia of Coca-Cola enclosing a quotation for prototype charges and
engineering fees. FL0023293 includes ballpark pricing for the PSA-66-CC printer
for several possible quantities. The pricing was provided at Coca-Cola's request to
allow Coca-Cola to assess whether the printer development project was worth
continued investment by both sides.
7. Based on my experience working with Coca-Cola, Coca-Cola required
as a matter of business practice a proposal or product quotation for any new
material that Coca-Cola would acquire and any expenditure to be made--regardless
of whether the purpose was experimental or commercial. In response to a proposal
or quotation, Coca-Cola would issue a purchase order. Coca-Cola would then issue
payment in response to an invoice.
8. In approximately April of 2000, FutureLogic delivered 24 prototype
units of PSA-66-VM printers to Coca-Cola Enterprises ("CCE"). FutureLogic
provided the prototype printers to CCE so that Coca-Cola / CCE could conduct
tests of the prototype printers under conditions of actual use. To determine whether
the printers would work reliably to perform their intended purpose of printing
coupons in the field, it was necessary to test them in actual vending machines in the
environments in which vending machines are normally placed.
9. When FutureLogic provided the prototype printers to CCE,
FutureLogic requested, and CCE paid, prototype fees that covered a portion of
FutureLogic's non-recurring engineering costs and costs for raw materials to
manufacture the prototype printers. FutureLogic recouped only a portion of its
development costs and did not derive a profit by charging CCE for its prototype
fees and non-recurring engineering costs.
10. FutureLogic was a small company in the 1997-2000 timeframe, having
-A0484-
- 3 - DECLARATION OF MARK
MEYERHOFER 2: I0-CV-07678-JFW-DTB