Joint Appendix (Part 1)

12345678910111213141516171819202122232425262728individuals involved in the first sale, offer for sale, or public use of the Six Shooter Pipe.DEFENDANTS are also investigating the exact date that the Six Shooter Pipe was firstsold, offered for sale, or publicly used. In addition, DEFENDANTS are currentlyinvestigating the dates of conception and reduction to practice of the Six Shooter Pipe,and when it was first known or used by others. Discovery is ongoing in the case, andDEFENDANTS will supplement these contentions if and when more informationbecomes available.IV. INVALIDITY CLAIM CHARTS – PATENT LOCAL RULE 3-3(c)Pursuant to Patent Local Rule 3-3(c), Invalidity Claim Charts, setting forth where,within each item of prior art each element of the asserted claims is found, are provided inExhibit C. Exhibit C contains the Invalidity Claim Charts for the Patent claims assertedagainst DEFENDANTS.The Invalidity Claim Charts appearing at Exhibit C were prepared byDEFENDANTS based on DEFENDANTS’ understanding of Plaintiff’s infringementcontentions and, accordingly, Plaintiff’s apparent construction of the asserted claims.DEFENDANTS do not admit or acquiesce as to the correctness and/or reasonableness ofPlaintiff’s proffered constructions or infringement contentions. DEFENDANTSexpressly reserve the right to challenge Plaintiff’s apparent constructions of the assertedclaim language and offer alternative constructions.V. INVALIDITY DEFENSES BASED ON 35 U.S.C. §112(1) (WRITTENDESCRIPTION) AND §112(2) (INDEFINITENESS) – PATENT LOCALRULES 3-3(A) AND 3-3(D)DEFENDANTS contend that certain designated claims, as outlined in this section,are invalid for failure to meet the requirements of 35 U.S.C. §112, paragraphs 1 and 2.A. Invalidity Under 35 U.S.C. §112(1)DEFENDANTS contend that all of the asserted claims for the Patent-in-suitasserted against them are invalid because certain claim elements are not supported byadequate written description or enabled.- 5 -DEFENDANTS’ JOINT PRELIMINARY INVALIDITY CONTENTIONSCASE NO. CV10-02225-VBJ (JCx)-A218-