Downing v. Anavex Life Sciences Corporation — Entry #23: DECLARATION of Theodore L

Case 1:24-cv-03529-CM         Document 23       Filed 08/23/24      Page 1 of 3


UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK


KENNETH DOWNING, individually and on
                                                            Case No. 1:24-cv-03529-CM
behalf of all others similarly situated,

                       Plaintiff,

          v.

ANAVEX LIFE SCIENCES CORPORATION
and CHRISTOPHER U. MISSLING,

                       Defendants.


               DECLARATION OF THEODORE L. KORNOBIS IN SUPPORT OF
                        DEFENDANTS’ MOTION TO DISMISS

          I, Theodore L. Kornobis, hereby declare pursuant to 28 U.S.C. § 1746, that the following

is true and correct.

          1.     I am admitted to the Bars of the State of New York and the District of Columbia,

and I am admitted to this Court.

          2.     I am a partner with the law firm of K&L GATES LLP, attorneys for Defendants

Anavex Life Sciences Corporation (“Anavex”) and Christopher Missling (“Mr. Missling”)

(collectively, “Defendants”) in the above-captioned action.

          3.     I submit this Declaration based on my personal knowledge in support of

Defendants’ Motion for Summary Judgment, filed August 23, 2024.

          4.     Annexed hereto as Exhibit 1 is a true and correct excerpt of the Form 10-K filed by

Anavex with the Securities and Exchange Commission (“SEC”) for the fiscal year ended

September 30, 2023, a full copy of which is publicly filed and available on the SEC website.


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       5.      Annexed hereto as Exhibit 2 is a true and correct excerpt of the Form 10-K filed by

Anavex with the SEC for the fiscal year ended September 30, 2022, a full copy of which is publicly

filed and available on the SEC website.

       6.      Annexed hereto as Exhibit 3 is a true and correct copy of a press release issued by

Anavex on June 21, 2021, titled “Anavex Life Sciences Announces ANAVEX®2-73Biomarker

Correlated with Efficacy Endpoint in Trial.”

       7.      Annexed hereto as Exhibit 4 is a true and correct copy of a transcript of the Anavex

Management Discussion held on February 1, 2022, titled “ANAVEX 2-73 (Blarcamesine)

AVATAR Phase 3 Trial met Primary and Secondary Endpoints for the Treatment of Adult Patients

with Rett Syndrome,” as prepared from audio by BIG Language Solutions.

       8.      Annexed hereto as Exhibit 5 is a true and correct copy of the presentation slide deck

titled “AVATAR Phase 3 RS-002 Rett Syndrome Top-Line Clinical Trial Data ANAVEX®2-73

(blarcamesine),” which is attached to Anavex’s Form 8-K, filed February 2, 2022, a full copy of

which is publicly filed and available on the SEC website.

       9.      Annexed hereto as Exhibit 6 is a true and correct copy of a document issued by the

U.S. Food and Drug Administration (FDA) titled, “Guidance for Industry Patient-Reported

Outcome Measures: Use in Medical Product Development to Support Labeling Claims,” dated

December 2009.

       10.     Annexed hereto as Exhibit 7 is a true and correct copy of a transcript of the Anavex

First Quarter 2022 Earnings Conference Call, held on February 9, 2022, as provided by S&P

Global Market Intelligence.


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        11.     Annexed hereto as Exhibit 8 is a true and correct copy of a transcript of the Anavex

First Quarter 2023 Earnings Conference Call, held on February 7, 2023, as prepared from audio

by BIG Language Solutions.

        12.     Annexed hereto as Exhibit 9 is a true and correct copy of a press release issued by

Anavex on June 6, 2023, titled “Completion of ANAVEX®2-73 (blarcamesine) EXCELLENCE

Phase 2/3 Rett Syndrome Clinical Trial.”

        13.     Annexed hereto as Exhibit 10 is a true and correct copy of a press release issued by

Anavex on June 12, 2023, titled “Anavex Life Sciences Reports Publication in Medical Journal

for Continued Commitment to Improve RSBQ.”

        14.     Annexed hereto as Exhibit 11 is a true and correct copy of a press release issued by

Anavex on August 8, 2023, titled “Anavex Life Sciences Reports Fiscal 2023 Third Quarter

Financial Results.”

        I declare under the penalty of perjury under the laws of the United States that the foregoing

is true and correct.

        Executed this 23rd day of August, 2024, at Washington, DC.


                                       By:    /s/ Theodore L. Kornobis       s
                                              Theodore L. Kornobis

                                              K&L GATES LLP
                                              Theodore L. Kornobis
                                              1601 K Street, NW
                                              Washington, DC 20006
                                              Tel: (202) 778-9180
                                              Fax: (202) 778-9100
                                              [email protected]


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