Free Memorandum in Support of Motion - District Court of Connecticut - Connecticut

Case 3:00-cv-00705-CFD Document 151-3 Filed 06/07/2005 Page 1 of 1
EXHIBIT B
Plaintiffs allege that Defendants failed to disclose . . . that Celera discussed the
possibility of collaborating with the Human Genome Proj ect (“I~IGP") to complete the
sequencing and assembly of the human genome. More specifically, Plaintiffs allege that
the discussions between Celera and the HGP culminated in a December 29, 1999 meeting
at Dulles Airport, where negotiations broke down because Celera wanted at least tive
years of exclusive rights to license the data produced by the merging ofthe two sides’
efforts. As a result of this break down, Plaintiffs allege that the power of the US and U K
governments, the principal sponsors ofthe HGP, would be utilized to prevent Celera
from reaching its goal of stalling the release of the human genome code and obtaining
patent and copyright protection for its genomic discoveries. The aggressive and punitive
government action that would inexorably follow the failed negotiations between Celera
and the HGP materialized on March. 14, 2000 when President Clinton and Prime Minister
Tony Blair issue a joint statement in which they reiterated the position of their respective
governments that all information about gene sequencing and the human genome should
be publicly available. Plaintiffs allege that Defendants failure to disclose these facts in
connection with the Secondary Offering caused substantial losses to members of the
Class.