Case 1:09-cv RWS Document 162 Filed 12/23/2009 Page 1 of 5. , UNITED STATES DISTRICT COURT 'i FOR THE SOUTHERN DISTRICT OF NEW YORK.

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1 Case 1:09-cv RWS Document 162 Fled 12/23/2009 Page 1 of 5 UNTED STATES DSTRCT COURT ' FOR THE SOUTHERN DSTRCT OF NEW YORK w_.. _ ASSOCATON FOR MOLECULAR PATHOLOGY; AMERCAN COLLEGE OF MEDCAL GENETCS; AMERCAN SOCETY FOR CLNCAL PATHOLOGY; COLL'EGE OF AMERCAN PATHOLOGSTS; HAlO KAZAZAN MD; ARUPA GANGULY PhD; WENDY CHUNG MD PhD; HARRY OSTRER MD; DAVD LEDBETTER PhD; STEPHEN WARREN. PhD; ELLEN MATLOFF. M.S.; ELSA RECH M.S.; BREAST CANCER ACTON; BOSTON WOMEN'S HEALTH BOOK COLLECTVE; LSBETH CERAN; RUNT LMARY; GENAE GRARD; PATRCE FORTUNE; VCKY THOMASON; KATHLEEN RAKER Plantffs : : ' No. o~ Cv (RWS)..1 ECF Case Declaraton of Jenny L~ssman P.A.-C " -aganst- UNTED STATES PATENT AND TRADEMARK OFFCE; MYRAD GENETCS; LORRS BETZ ROGER BOYER JACK BRTTAN ARNOLD B. COMBE RAYMOND:GESTELAND JAMES U. JENSEN JOHN KENDALL MORRS THOMAS PARKS DAVD W. P:ERSHNG andmchaelk. YOUNG n ther offca1:capacty as Drectors ofthe Unversty of Utah Research Foundaton Defendants _._ _._-----~ Jenny Lessman declare: A. General Background 1. am a Physcan's Assstant practcng n Obstetrcs and Gynecology ~~ MertCare n Detrot Lakes Mnnesota..

2 Case 1:09-cv RWS Document 162 Fled 12/23/2009 Page 2 of 5 2. As a Physcan's Assstant n collaboraton wth a physcan specalze n well-women care ' ' ofwomen of all ages. Ths ncludes yearly exams brth control courel'ng pre- and post- : ' '. menopausal care hormone replacement thej:apy and obstetrcal postpartum care. 3. receved my degree n physcan assstant studes from the UnversJ ofnebraska Medcal Center Omaha. have completed numerous clncal clerkshps at var:ous stes n Nebraska South Dakota and Mnnesota. B. Professonal Experence ' 4. do a great deal of well-woman exams and have the opportjdty to o~tan update and dscuss famly hstores wth patents Myrad publshes medcal soc4y gudelnes and other heredtary cancer 3;wareness nformaton whch J am able to use to detynnne fany ofmy patents based on ther personal and famly hstory of cancer warran~ ~ further dscusson : : : ' and/or testng for genetc cancers. 5. have ncorporated genetc testng n my practce snce early 2008 ncludng Myrad's " BRACAnalyss test whch tests for mutatons n the BRCA and BR~A 2 genes. have tested less than 10 patents but have dscussed the approprateness of ~enetc testng to over 50 patents. : 6. 1 see females of al ages. see several members ofthe same famly. The results from Myrad's BRACAnalyss test can help.n the decson for surgcal manhgement of an affected patent; as web as gude approprate screen~g and medcal '~lanageme*t of other unaffected and affected famly members. 7. BRACAnalyss testng for a patent s mportant when medkally necessary. A postve test result s useful n the decson for ncreased survellance and surgcal optons for : : 2

3 Case 1:09-cv RWS Document 162 Fled 12/23/2009 Page 3 of 5. management. A postve test also affects other famly members. A n~gatve test result can help detennne f addtonal famly members may need to be tested ornot. A negatve test ; ;' result can help deteunne fother causes of cancer need to be address~d. t wll also help < :. detennne medca~ and strrgcal management of an unaffected patent.l : " 8. Myrad has representatves that vst clncs regularly to assst provd~~sn understandng the mportance oftestng ts mpact and how to test patents. 9. Three-fourths ofmy patent's have had nsurance coverage on ther B~CAnalysstestng thus makng testng an affordable opton for them. C;:. Personal Experence 10. My mother was dagnosed wth ovaran cancer at age 56.. ; Her only ss~er was dagnosed wth termnal breast cancer 2 years later at age 55. She ded ths year. Wldn:my mother was. '. vstng her n the hosptal after her mastectomy they were walkng th halls ofthe hosptal; : :. for exercse. Theystopped at a health far. They were vstng wth a ~enetc counselor at :: her booth. The counselor asked what they were dong at the hosptal. They explaned what ' my aunt had just had done. The counselor talked to them a bt more af.d found out about my mother's ovaran qmcer. She asked them to come to her offce the ne~t day. She dd a : pedgree ofmy famly. Based on the pedgree she recomme:nded testng: (Two maternal great almts wth breast and ovaran cancer as well). My awl:t was the qrst to be tested. She was postve for a BRCA l deleton. My mother then testec and was ~ostve. am the oldest of3 daughters. was rested and am postve. As a result oftmstestng AM A PREVVOR have started havng yearly breast MRs and pelvc U;1Vasounds. am gong to have my breasts and ovares prophylactcally removed when am fub~hed havng chldren.. n the meantme fthey do fmd cancer wth ths survelancp~ am go?g' to lkely survve 3

4 Case 1:09-cv RWS Document 162 Fled 12/23/2009 Page 4 of 5 because t wll be paught early. Ths unfortunately won't save my a~t's lfe but am ; grateful that t wll lkely save my lfe maybe my sster's hves and my : chldren's/neccs/nephews lves. My mother had a prophy1actc mast~ctomy ths summer..: My nsurance has provded almost full coverage on MRs and u)trasotkds because ofmy. ' BRCA-l result. The opportunty whch we now have for genetc testpg defntely puts "teeth" n the mp<?rtance ofdscussng rsk for heredtary cancer. : : ' Pursuant to 28 U.~.C. 1741'6~. declare under ; penalty of perjury. that the f9regong s true and correct.. : Executed on Decembe

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