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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
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`CARIS MPI, INC.,
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`Plaintiff,
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`v.
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`FOUNDATION MEDICINE, INC.,
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`Defendant.
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`C.A. No. 1:17-cv-12194-MLW
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`JURY TRIAL DEMANDED
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`DECLARATION OF ADAM J. KESSEL IN SUPPORT OF CARIS MPI, INC.’S
`OPPOSITION TO FOUNDATION MEDICINE INC.’S MOTION TO DISMISS
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`Case 1:17-cv-12194-MLW Document 32 Filed 03/01/18 Page 2 of 4
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`I, Adam J. Kessel, declare as follows:
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`1. I am a principal with the law firm Fish & Richardson P.C., which is counsel to Caris
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`MPI, Inc. in the above-captioned matter. I am admitted to practice before this Court and make
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`this declaration in support of Caris’s Opposition to Foundation Medicine’s Motion to Dismiss.
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`Unless otherwise stated, I know the facts stated herein of my personal knowledge.
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`2. Attached hereto as Exhibit 1 is a true and correct copy of the Response to Final Office
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`Action, dated January 21, 2015, and Declaration of Dr. Sandeep K. Reddy, M.D. from the file
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`history of U.S. Application No. 14/473,871.
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`3. Attached hereto as Exhibit 2 is a true and correct copy of the Response to Final Office
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`Action, dated January 21, 2016, and Declaration of Dr. Sandeep K. Reddy, M.D. from the file
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`history of U.S. Application No. 14/473,881.
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`4. Attached hereto as Exhibit 3 is a true and correct copy of the Response to Non-Final
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`Office Action, dated November 16, 2015, and Declaration of Dr. Sandeep K. Reddy, M.D. from
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`the file history of U.S. Application No. 14/187,015.
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`5. Attached hereto as Exhibit 4 is a true and correct copy of the Notice of Allowability,
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`dated November 25, 2015, from the file history of U.S. Application No. 14/187,015.
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`6. Attached hereto as Exhibit 5 is a true and correct copy of the Notice of Allowability,
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`dated February 19, 2016, from the file history of U.S. Application No. 14/473,871.
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`7. Attached hereto as Exhibit 6 is a true and correct copy of the Notice of Allowability,
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`dated February 19, 2016, from the file history of U.S. Application No. 14/473,881.
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`8. Attached hereto as Exhibit 7 is a true and correct copy of the Response to Final Office
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`Action, dated August 22, 2014, from the file history of U.S. Application No. 14/170,466.
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`Case 1:17-cv-12194-MLW Document 32 Filed 03/01/18 Page 3 of 4
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`I declare under penalty of perjury under the laws of the United States that the foregoing is
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`true and correct and that this declaration was executed on March 1st, 2018, at Boston,
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`Massachusetts.
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`/s/ Adam J. Kessel
`Adam J. Kessel (BBO #661,211)
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`2
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`Case 1:17-cv-12194-MLW Document 32 Filed 03/01/18 Page 4 of 4
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`CERTIFICATE OF SERVICE
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`I hereby certify that this document filed through the ECF system will be sent
`electronically to the registered participants as identified on the Notice of Electronic Filing (NEF)
`and paper copies will be sent to those indicated as non-registered participants on March 1st,
`2018.
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`/s/ Adam J. Kessel
`Adam J. Kessel
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`3
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