Global Discovery Biosciences Corp. v. Harrington, et al.

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SAM GLASSCOCK III VICE CHANCELLOR COURT OF CHANCERY OF THE STATE OF DELAWARE COURT OF CHANCERY COURTHOUSE 34 THE CIRCLE GEORGETOWN, DELAWARE 19947 Date Submitted: August 17, 2023 Date Decided: August 17, 2023 Stephen C. Norman, Esquire David A. Seal, Esquire Callan R. Jackson, Esquire Charles R. Hallinan, Esquire POTTER ANDERSON & CORROON LLP 1313 N. Market Street Hercules Plaza, 6th Floor Wilmington, DE 19899 Alan D. Albert, Esquire O’HAGAN MEYER PLLC 800 N. King Street, Suite 303 Wilmington, DE 19801 Andrew L. Cole, Esquire COLE SCHOTZ P.C. 500 Delaware Avenue, Suite 1410 Wilmington, DE 19801 Re: Global Discovery Biosciences Corp. v. Harrington, et al., Civil Action No. 2022-1132-SG Dear Counsel: This brief Letter Opinion memorializes my August 17, 2023 bench ruling in which I denied Defendants’ motion to dismiss with respect to Counts VIII, I, II, V, and VI without prejudice to Defendants’ ability to argue that the latter four counts are partially preempted by the Delaware Uniform Trade Secrets Act. As I requested, the parties should submit brief supplemental memorandum regarding the basis of the bankruptcy court’s consideration of the bad faith of Global Discovery’s bankruptcy filing, by the end of business day on August 23, 2023. The motion to dismiss will be fully submitted upon receipt of these supplemental memorandum. To the extent the foregoing requires an Order to take effect, IT IS SO ORDERED. Sincerely, /s/ Sam Glasscock III Vice Chancellor 2

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