Joint Appendix One

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Case2:10-cv-07678-JFW-DTB Document 121 Filed 11/02/11 Page3of7 Page ID
#:2549
According to the October 18, 1999 quotation:
Exhibit 16.
Prototype fees* are charged for the management and application of Futurelogic's
printer technology including, but not limited to, printer design know-how, circuit
designs, firmware source code, software source code, mechanical designs and fonts
("Intellectual Property") to meet a specific Customer (issuer of fees) requirement.
Consideration for these services entitles the Customer to the materials listed in the
description column under "Delivery", and does not include Intellectual Property rights.
*Fees include the tasks of design, to Customer's specifications of form and function,
and prototype support necessary during the prototype evaluation phase ....
Coca-Cola and its bottling company, Coca-Cola Enterprises, agreed to the terms of
FutureLogic's product quotation, and in March or April of 2000, twenty-four PSA-66-VM printers
were delivered to, and paid for, by Coca-Cola. In addition to paying $850 for each of the twenty-
four printers delivered, Coca-Cola paid FutureLogic for the agreed-upon prototype fees. According
to Mark Meyerhofer, the prototype fees merely allowed FutureLogic to recoup a portion of its
development costs and did not result in a profit to FutureLogic.
After the printers were delivered, Scott Shimmin of FutureLogic visited Coca-Cola
Enterprises and assisted Coca-Cola personnel in the installation of the printers in Coca-Cola's
vending machines. He also trained Coca-Cola personnel in how to load coupon data into the
printers and how to print the coupons. Coca-Cola then placed the vending machines with the
printers at selected locations throughout Cincinnati, Ohio for field tests to validate the "continuous
printing ability of the coupon printer in the Marketing Vender" and to determine whether and how
the printers would function under actual vending conditions. See Exhibit 29. Before the field tests
commenced, Simmy Ahluwalia, a Coca-Cola representative, developed "test criteria that [he]
want[ed] to expose the printer to[]" and asked FutureLogic for feedback. See id. The test criteria
developed by Mr. Ahluwalia included subjecting the printer to various environmental conditions
including, for example, different humidity levels and voltage variations. Scott Shimmin of
FutureLogic made minor suggestions with respect to Coca-Cola's test criteria.
During Coca-Cola's field testing of the PSA-66-VM printers, FutureLogic received periodic
reports from Coca-Cola on the progress of the field tests and assisted in resolving various issues
that Coca-Cola encountered during the field tests. When Coca-Cola began experiencing
performance problems with the printers, FutureLogic provided Coca-Cola with a detailed form and
requested Coca-Cola to use this form to identify any problems with the printers and to describe any
actions taken by Coca Cola to successfully repair the printers. During the field tests, Coca-Cola
returned two or three printers, which could not be repaired in the field, for replacement or repair by
FutureLogic.
Although Coca-Cola ultimately decided not to purchase any additional printers, Coca-Cola
did not return the PSA-66-VM printers purchased from FutureLogic.
Page 3 of 7 initials of Deputy Clerk sr
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