Free Response - District Court of Colorado - Colorado

Case 1:04-cv-00329-WYD-CBS

Document 344-5

Filed 05/01/2007

Page 1 of 4

EXHIBIT D to Defendants' Response to Plaintiff's Objection to Magistrate's Order of April 13, 2007
[CLP and LOLFF Geographic Classifications, Exhibit 3.1 of Duree Expert Report]

Case 1:04-cv-00329-WYD-CBS

Document 344-5

Filed 05/01/2007

Page 2 of 4

Confidential Subject ot Protective Order

EXHIBIT ­ 3.1

Case 1:04-cv-00329-WYD-CBS

Document 344-5

Filed 05/01/2007

Page 3 of 4
CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER

Cache La Poudre Feeds, LLC v. Land O' Lakes, Inc. et al.

EXHIBIT - 3.2

Cache La Poudre's and Land O' Lakes' 2002 Sales of Profile Branded Products In the 2002 Period Prior to CLP's Application for Trade Name Registration with the USPTO and for the Full 2002 Calendar Year
L L F F P R I M A R Y I V E A C O P E N O C L P P R I M L O L F F

2002 State - Sales Area Classification

A R Y

2002 "Profile" Sales Through March 25, 2002 Cache La Poudre Land O' Lakes (Note 1) Cache La Poudre

Total 2002 "Profile" Sales Land O' Lakes (Note 1)

CLP and LOLFF Sales in States Where CLP Is Primary Colorado Wyoming Total CLP's Primary States As a % of All State Total

Sales CLP Primary CLP Primary

Tons

Sales

Tons

Sales

Tons

Sales

Tons

CLP and LOLFF Sales Where CLP's Sales Were De Minimus Arizona Kansas Montana Nebraska South Dakota Texas Utah Total CLP's Token/Nil States As a % of All State Total LOLFF Sales in States/Areas Where CLP had no 1999 through 2004 sales Alaska Alabama Arkansas California Florida Hawaii Iowa Idaho Illinois Indiana Kentucky Louisiana Michigan Minnesota Missouri Mississippi North Dakota New Mexico Nevada Ohio Oklahoma Organ Pennsylvania Tennessee Washington Wisconsin FF GU XX Total States Areas where CLP had no 1999 2004 sales As a % of All State Total Total All States

PORTIONS REDACTED
Open LOLFF Primary LOLFF Active LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Active

LOLFF Active LOLFF Primary LOLFF Primary LOLFF Primary Open LOLFF Active LOLFF Primary LOLFF Active LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Active LOLFF Active Open LOLFF Primary LOLFF Primary LOLFF Primary Open LOLFF Active LOLFF Active LOLFF Primary LOLFF Active LOLFF Active LOLFF Active

Note 1 Classification Criteria Primary

Pre 3/26/2002 Sales - Where CLP or LOLFF Profile sales exceed $1,000, the entity having the larger sales dollar amount was classified as "Primary." Two were classified "CLP Primary" and 20 were class fied "LOLFF Primary."

Active

For the remaining states/areas in which e ther CLP or LOLFF had full year 2002 Profile sales in excess of $1,000, the entity having the larger amount of sales was classified as "Active." None were classified as "CLP Active" and 12 were classified as "LOLFF Active."

Open

For the remaining states/areas in which CLP had Profile sales in 2002 through 2004, or LOLFF had Profile sales in 2002 through June 28,

Case 1:04-cv-00329-WYD-CBS
Cache La Poudre vs. Land O' Lakes

Document 344-5

Filed 05/01/2007

Page 4 of 4

CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER

Classification of States In Which LOLFF Had 2002 - June 2005 Sales By Concurrent Reference to 2002 Sales in the Pre - 3/26 and Full Year Periods
2002 Sales - Pre March 26 State Colorado Wyoming 2002_Status CLP Primary CLP Primary CLP Pre-3/26 LOLFF Pre-3/26 Total Year 2002 Profile Sales CLP LOLFF

Exhibit - 3.3

Alabama Arkansas California Iowa Illinois Indiana Kansas Kentucky Louisiana Michigan Minnesota Missouri Mississippi Nebraska Ohio Oklahoma Organ South Dakota Texas Wisconsin

LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary LOLFF Primary

PORTIONS REDACTED

Alaska Hawaii Idaho Montana North Dakota New Mexico Tennessee Utah Washington FF GU XX

LOLFF Active LOLFF Active LOLFF Active LOLFF Active LOLFF Active LOLFF Active LOLFF Active LOLFF Active LOLFF Active LOLFF Active LOLFF Active LOLFF Active

Arizona Florida Nevada Pennsylvania

Open Open Open Open

Classification Criteria Primary Pre 3/26/2002 Sales - Where CLP or LOLFF Profile sales exceed $1,000, the entity having the larger sales dollar amount was classified as "Primary." Two were classified "CLP Primary" and 20 were classified "LOLFF Primary." Active For the remaining states/areas in which either CLP or LOLFF had full year 2002 Profile sales in excess of $1,000, the entity having the larger amount of sales was classified as "Active." None were classified as "CLP Active" and 12 were classified as "LOLFF Active." For the remaining states/areas in which CLP had Profile sales in 2002 through 2004, or LOLFF had Profile sales in 2002 through June 28, 2005, the state or area was classified as "Open." Four were so classified.

Open