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`UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF NEW YORK
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`C.A. No. 1:22-cv-02229-MKV
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`ACUITAS THERAPEUTICS INC.,
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`v.
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`GENEVANT SCIENCES GMBH, and
`ARBUTUS BIOPHARMA CORP.,
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`Plaintiff,
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`Defendants.
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`DECLARATION OF ALLISON PENFIELD IN SUPPORT OF
`PLAINTIFF ACUITAS THERAPEUTICS INC.’S OPPOSITION TO
`DEFENDANTS’ MOTION TO DISMISS THE FIRST AMENDED COMPLAINT
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`I, Allison Penfield, declare:
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`1.
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`I am an attorney associated with Paul, Weiss, Rifkind, Wharton & Garrison LLP
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`and counsel for Plaintiff Acuitas Therapeutics Inc. (“Acuitas”) in this case. I make this Declaration
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`in support of Acuitas’s Opposition to Defendants’ Motion to Dismiss the First Amended
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`Complaint.
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`2.
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`Attached as Exhibit A is a redacted version of a true and correct copy of the Non-
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`Exclusive License Agreement by and between Acuitas Therapeutics, Inc. and BioNTech RNA
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`Pharmaceuticals Gmbh, dated April 7, 2020.
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`3.
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`Attached as Exhibit B is a true and correct copy of the Complaint for Patent
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`Infringement that Defendants filed against Moderna, Inc. and ModernaTX, Inc. on February 28,
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`2022, in the United States District Court for the District of Delaware (Case No. 1:22-cv-00252-
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`UNA).
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`Case 1:22-cv-02229-MKV Document 49 Filed 11/01/22 Page 2 of 2
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`I declare under penalty of perjury that the foregoing is true and correct. Executed on
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`November 1, 2022 in New York, New York.
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`/s/ Allison Penfield______
`Allison Penfield
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`2
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