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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`ILLUMINA, INC.,
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`Defendants.
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`Plaintiff,
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`v.
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`GUARDANT HEALTH, INC.; HELMY
`ELTOUKHY; and AMIRALI TALASAZ
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`C.A. No. 1:22-cv-334-VAC
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`DECLARATION OF DANIEL M. SILVER IN SUPPORT OF
`DEFENDANTS’ MOTION TO DISMISS
`UNDER FEDERAL RULES OF CIVIL PROCEDURE 12(B)(1), 12(B)(2), AND 12(B)(6)
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`Case 1:22-cv-00334-VAC Document 31 Filed 05/25/22 Page 2 of 3 PageID #: 2211
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`
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`I, Daniel M. Silver, hereby declare as follows:
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`1.
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`I am a partner at the law firm of McCarter & English, LLP and represent Defendants
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`Guardant Health, Inc., Helmy Eltoukhy, and AmirAli Talasaz in the above-captioned action. I am
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`a member in good standing of the State Bar of Delaware. The facts set forth herein are true and
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`correct, and based on my own personal knowledge. If called upon to testify as a witness, I could
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`and would competently testify thereto.
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`2.
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`Attached as Exhibit 1 is a true and correct copy of the Form D filed by Guardant
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`Health, Inc. with the U.S. Securities and Exchange Commission on February 14, 2014, available
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`at
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`https://www.sec.gov/Archives/edgar/data/0001576280/000157628014000001/xslFormDX01/pri
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`mary_doc.xml.
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`3.
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`Attached as Exhibit 2 is a true and correct copy of the Form D filed by Guardant
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`Health, Inc. with the U.S. Securities and Exchange Commission on April 22, 2014, available at
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`https://www.sec.gov/Archives/edgar/data/0001576280/000157628014000002/xslFormDX01/pri
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`mary_doc.xml.
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`4.
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`Attached as Exhibit 3 is a true and correct copy of the Form D filed by Guardant
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`Health, Inc. with the U.S. Securities and Exchange Commission on March 27, 2015, available at
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`https://www.sec.gov/Archives/edgar/data/0001576280/000157628015000001/xslFormDX01/pri
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`mary_doc.xml.
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`5.
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`Attached as Exhibit 4 is a true and correct copy of the Form D filed by Guardant
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`Health, Inc. with the U.S. Securities and Exchange Commission on March 24, 2016, available at
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`https://www.sec.gov/Archives/edgar/data/0001576280/000157628016000003/xslFormDX01/pri
`
`mary_doc.xml.
`
`
`
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`
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`Case 1:22-cv-00334-VAC Document 31 Filed 05/25/22 Page 3 of 3 PageID #: 2212
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`6.
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`Attached as Exhibit 5 is a true and correct copy of an August 26, 2014 press release
`
`titled “Guardant Health Named a 2015 Technology Pioneer by World Economic Forum,” available
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`at
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`https://www.prnewswire.com/news-releases/guardant-health-named-a-2015-technology-
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`pioneer-by-world-economic-forum-272691171.html.
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`7.
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`Attached as Exhibit 6 is a true and correct copy of a September 19, 2013 press
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`release titled “Career Clinics of Excellence Fall Congress Opens Tonight,” available at
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`https://www.prnewswire.com/news-releases/cancer-clinics-of-excellence-fall-congress-opens-
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`tonight-224480491.html.
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`I declare under penalty of perjury under the laws of the United States of America that the
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`foregoing is true and correct.
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`Executed on May 25, 2022.
`
`/s/ Daniel M. Silver
`Daniel M. Silver
`
`
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