Free Declaration in Support - District Court of California - California

Case 4:07-cv-04972-CW

Document 38

Filed 06/02/2008

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1 MICHAEL L. CHARLSON (Bar No. 122125)
LAURENCE A. WEISS (Bar No. 164638)

2 ALEXANDER M.R. LYON (Bar No. 211274)
HELLER EHRMAN LLP

3 275 Middlefield Road
Menlo Park, California 94025-3506

4 Telephone: (650) 324-7000
Facsimile: (650) 324-0638

5 [email protected]
[email protected]

6 [email protected] 7 Attorneys for Defendants
THRESHOLD PHARMACEUTICALS, INC.,

8 HAROLD E. "BARRY" SELICK
and JANET I. SWEARSON

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ) ) ) Plaintiff, ) ) v. ) ) THRESHOLD PHARMACEUTICALS, INC., ) HAROLD E. "BARRY" SELICK and JANET I. ) SWEARSON ) ) Defendants. ) __________________________________________ ) RAYNOLD L. GILBERT, On Behalf of Himself ) and All Others Similarly Situated, ) ) Plaintiff, ) ) v. ) ) THRESHOLD PHARMACEUTICALS, INC., ) HAROLD E. "BARRY" SELICK and JANET I. ) SWEARSON ) ) Defendants. ) Case No.: 4:07-CV-04972-CW CLASS ACTION REPLY DECLARATION OF ALEXANDER M.R. LYON IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' CONSOLIDATED AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS Hearing Date: Hearing Time: Place: Judge: June 19, 2008 2:00 p.m. Courtroom 2, 4th Floor Hon. Claudia Wilken

JERRY TWINDE, On Behalf of Himself and All 14 Others Similarly Situated,

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REPLY DECLARATION OF ALEXANDER M.R. LYON CASE NO. 4:07-CV-04972-CW

Case 4:07-cv-04972-CW

Document 38

Filed 06/02/2008

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1 I, Alexander M.R. Lyon, declare as follows: 2
I am an attorney licensed to practice in the State of California. I am an associate at the law

3 firm of Heller Ehrman LLP, counsel for defendants Threshold Pharmaceuticals, Inc. ("Threshold"), 4 Harold E. Selick, and Janet I. Swearson in these consolidated actions. I have personal knowledge 5 of the facts set forth herein, and if called upon to do so, I could and would testify competently 6 thereto. 7
1. Attached hereto as Exhibit O is a true and correct copy of an article entitled Placebo

8 Therapy of Benign Prostatic Hyperplasia: A 25-Month Study, by J.C. Nickel, published in the 9 British Journal of Urology (1998). The article is cited at ¶ 67 n. 5 of the Consolidated Amended 10 Class Action Complaint for Violation of The Federal Securities Laws (the "Complaint"). 11
2. Attached hereto as Exhibit P is a true and correct copy of an article entitled The

12 Placebo Effect and Randomized trials: Analysis of Alternative Medicine, by Mark A. Moyad, MPH, 13 published in Urology Clinics of North America (2002). The article is cited at ¶ 67 n. 5 of the 14 Complaint. 15
3. Attached hereto as Exhibit Q is a true and correct copy of an article entitled Placebo

16 Effects in the Pharmacological Treatment of Uncomplicated Benign Prostatic Hyperplasia, by Bo 17 Jesper Hansen, et al., published in Scandinavian Journal Urology Nephrology (1996). The article is 18 cited at ¶ 67 n. 5 of the Complaint. 19
4. Attached hereto as Exhibit R is a true and correct copy of a printout from the Yahoo

20 Finance website showing the closing stock market price for Threshold's stock from October 3, 21 2005, through October 31, 2005. I visited the website and printed out Exhibit R on May 30, 2008. 22 23
I declare under penalty of perjury under the laws of the United States that the foregoing is

24 true and correct. Executed this 2nd day of June, 2008, at San Francisco, California. 25 26 27 28
2 REPLY DECLARATION OF ALEXANDER M.R. LYON CASE NO. 4:07-CV-04972-CW

By /s/ ALEXANDER M.R. LYON