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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`ACUITAS THERAPEUTICS INC.,
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`Plaintiff,
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`Case No. 1:22-cv-02229-MKV
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`vs.
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`GENEVANT SCIENCES GMBH, and
`ARBUTUS BIOPHARMA CORP.,
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`Defendants.
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`DECLARATION OF MATTHEW D. ROBSON IN SUPPORT OF DEFENDANTS’
`MOTION TO DISMISS THE FIRST AMENDED COMPLAINT
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`I, Matthew D. Robson, pursuant to 28 U.S.C. § 1746, hereby declare as follows:
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`1.
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`I am a member of the bar of this Court and a partner at the law firm of Quinn
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`Emanuel Urquhart & Sullivan, LLP, counsel for Defendant Genevant Sciences GmbH
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`(“Genevant”) in this action.
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`2.
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`I respectfully submit this declaration in support of Defendants’ Motion to Dismiss
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`the First Amended Complaint, filed concurrently herewith, and to submit true and correct copies
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`of certain documents.
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`3.
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`Attached hereto as Exhibit A is a true and correct copy of a document titled
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`“License and Co-Development Agreement,” dated July 4, 2018 between BioNTech RNA
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`Pharmaceuticals
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`GmbH
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`and
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`Genevant,
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`publicly
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`available
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`at
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`https://www.sec.gov/Archives/edgar/data/1776985/000119312519241112/d635330dex1017.htm,
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`truncated to remove the exhibits thereto.
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`1
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`Case 1:22-cv-02229-MKV Document 45 Filed 10/04/22 Page 2 of 2
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`4.
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`Attached hereto as Exhibit B is a true and correct copy of a letter dated November
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`23, 2020, from Genevant and Arbutus Biopharma Corporation to Pfizer Inc., with copy to BioNTech
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`SE and BioNTech US Inc.
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`5.
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`Attached hereto as Exhibit C is a true and correct copy of a letter dated October 12,
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`2021, from Genevant and Arbutus Biopharma Corporation to Pfizer Inc., with copy to BioNTech SE
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`and BioNTech US Inc.
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`6.
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`Attached hereto as Exhibit D is a true and correct copy of a printout of the Acuitas
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`webpage located at https://acuitastx.com/wp-content/uploads/2022/01/Acuitas-Pfizer-Agreement-
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`Release.pdf (visited October 2, 2022).
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`7.
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`Attached hereto as Exhibit E is a true and correct copy of a printout of the PR
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`Newswire webpage located at https://www.prnewswire.com/news-releases/myeloid-therapeutics-
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`enters-into-agreement-with-acuitas-therapeutics-for-lipid-nanoparticle-lnp-system-enabling-the-
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`first-ever-delivery-of-mrna-encoded-cars-directly-to-humans-301551149.html (visited October 2,
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`2022).
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed on October 4, 2022, in New York, New York.
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`Matthew D. Robson
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`/s/ Matthew D. Robson
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`2
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