`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`GUARDANT HEALTH, INC.,
`
`Plaintiff,
`
`v.
`
`FOUNDATION MEDICINE, INC.,
`
`Defendant.
`
`C.A. No. 20-cv-1580-LPS
`
`DECLARATION OF GARLAND STEPHENS
`
`
`
`Case 1:20-cv-01580-LPS Document 9 Filed 12/10/20 Page 2 of 3 PageID #: 701
`
`1.
`I am an attorney with the law firm of Weil, Gotshal & Manges LLP, counsel of
`record for Guardant Health, Inc. (“Guardant”) in the above-captioned matter. I submit this
`declaration based on personal knowledge and following a reasonable investigation. If called upon
`as a witness, I could competently testify to the truth of each statement herein.
`2.
`Attached as Exhibit 1 is a true and correct copy of FDA News Release, FDA
`Approves First Liquid Biopsy Next-Generation Sequencing Companion Diagnostic Test, published
`August 7, 2020 (updated August 11, 2020), available at https://www.fda.gov/news-events/press-
`announcements/fda-approves-first-liquid-biopsy-next-generation-sequencing-companion-
`diagnostic-test.
`
`3.
`Attached as Exhibit 2 is a true and correct copy of Foundation Medicine, Inc. Form
`10-K for the fiscal year ended December 31, 2017, filed on March 7, 2018.
`
`4.
`Attached as Exhibit 3 is a true and correct copy of The Power and Promise of Liquid
`Biopsies by Dr. Phil Febbo (Chief Medical Officer at Illumina), published on November 6, 2019,
`available
`at
`https://www.illumina.com/company/news-center/feature-articles/Febbo-Liquid-
`Biopsy.html.
`
`5.
`
`6.
`
`7.
`
`Attached as Exhibit 4 is a true and correct copy of U.S. Patent No. 10,704,085.
`
`Attached as Exhibit 5 is a true and correct copy of U.S. Patent No. 10,704,086.
`
`Attached as Exhibit 6 is a true and correct copy of U.S. Patent No. 9,902,992.
`
`8.
`Attached as Exhibit 7 is a true and correct copy of the web page retrieved on
`December 7, 2020 from https://www.foundationmedicine.com/blog/a-new-decade-of-possibility-
`for-precision-oncology .
`
`9.
`
`Attached as Exhibit 8 is a true and correct copy of the Roche 2019 Annual Report.
`
`10.
`
`Attached as Exhibit 9 is a true and correct copy of Guardant’s 2019 Form 10-K.
`
`
`
`Case 1:20-cv-01580-LPS Document 9 Filed 12/10/20 Page 3 of 3 PageID #: 702
`
`Attached as Exhibit 10 is a true and correct copy of the Decision Denying
`11.
`Institution of Inter Partes Review, Paper No. 10, Case IPR2019-00636, Case IPR2019-00637,
`Patent 9,902,992 B2.
`
`I declare under the penalty of perjury under the laws of the United States of America that
`the foregoing is true and correct.
`Executed on December 10, 2020 at Houston, Texas.
`
`Dated: December 10, 2020
`
`/s/ Garland Stephens
`Garland Stephens
`
`
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