Contract analysis

I. Executive Summary The purpose of this memorandum is to summarize the key testimony elicited during the deposition of Rajiv Anand, taken on May 15, 2023, at the offices of Calderwood & Harkness LLP, 555 California Street, 40th Floor, San Francisco, California 94104. The deposition was conducted by Wendy Schultz on behalf of our client, Lumos Analytics Inc. ("Lumos"). Defense counsel Patricia Whitfield and Samuel Ge

II. Witness Background and Employment at Lumos A. Personal Information Rajiv Anand is 37 years old and currently resides at 1482 Mariposa Avenue, Palo Alto, California 94306. He testified that he has lived at this address since approximately 2020. With respect to his educational background, Anand testified that he received a Bachelor of Science degree in Computer Science from the University of California, Berkeley, i

1. LumosEdge Ensemble ML Model Architecture — the full specifications, design documents, and source code for the ensemble machine-learning model, including neural-network topology and hyperparameter configurations;

2. Proprietary Feature-Engineering Libraries — containing 2,847 individually engineered features designed for predictive signal generation across equity and fixed-income instruments;

3. DataStream ETL Pipeline Codebase and Data-Schema Definitions — the proprietary extract-transform-load pipeline and associated schema definitions covering the ingestion, normalization, and integration of data from 43 alternative-data vendors;

4. Curated and Labeled Training Dataset — approximately 14.6 terabytes of historical financial and alternative data that had been curated, cleaned, labeled, and structured by Lumos's data-engineering team over a period of more than three years; and

5. Confidential LumosEdge 3.0 Product Roadmap — a 37-page internal strategy document outlining planned features, architectural enhancements, target market expansions, and go-to-market timelines for the next-generation version of the LumosEdge platform. Anand acknowledged that he reported directly to Rachel Fong, VP of Engineering, and worked closely with other members of the engineering team. He specifically confirme

III. Testimony Regarding Data Transfer Events A. September 26, 2022 — Hollowell Health IT Transfer (3.2 GB) Anand admitted that on or about September 26, 2022 — four days before his resignation — he transferred files from his Lumos work environment to a personal Hollowell Health IT account. This admission was elicited after Anand was confronted with Lumos IT security logs, marked as Exhibit 7, which documented the tr

IV. Testimony Regarding Resignation and Founding of NovaSpark A. Resignation from Lumos Anand testified that he resigned from Lumos Analytics Inc. on September 30, 2022, effective immediately. He submitted his resignation via email to Rachel Fong, VP of Engineering, a copy of which was marked as Exhibit 4 during the deposition. Anand stated that his resignation was motivated by "professional dissatisfaction" and a ge

V. Testimony Regarding Coordination with Mallick and Yun A. Recruitment of Serena Mallick Anand admitted that he communicated with Serena Mallick about the possibility of her joining NovaSpark before Mallick's resignation from Lumos on October 14, 2022. He testified that these conversations occurred "in early October" 2022 — that is, after his own resignation on September 30 but while Mallick was still an active empl

VI. Characterization of Materials and Denials A. Anand's Position on the Proprietary Nature of Materials Throughout the deposition, Anand repeatedly attempted to minimize the proprietary nature of the materials he transferred and the technology at issue in this case. His principal arguments were as follows: • Model architecture concepts: Anand claimed that the ensemble model architecture concepts underlying LumosEdge

VII. Credibility Assessment and Key Contradictions Based on a thorough review of Anand's deposition testimony and the available documentary and forensic evidence, the following key contradictions and credibility concerns have been identified: Contradiction 1 — Pre-Resignation Planning: Anand testified that he had not decided to resign from Lumos or to start a competing company as of September 26, 2022, the date of th

VIII. Implications for Case Strategy Anand's deposition testimony has significant implications for the prosecution of Lumos's claims and the overall litigation strategy. The key takeaways are as follows: Strength of Lumos's Claims. Anand's admissions regarding the September 26 Hollowell Health IT transfer, the September 28 roadmap email, and his pre-resignation recruitment of Mallick and Yun are highly favorable to L

IX. Exhibits Referenced During Deposition The following exhibits were marked and referenced during the deposition of Rajiv Anand on May 15, 2023:

X. Next Steps Based on the testimony elicited at the Anand deposition and the analysis set forth in this memorandum, I recommend the following next steps:

1. Circulation and Review. Circulate this memorandum to Marcus Delgado, Responsible Partner, and Catherine Bloom, Billing Partner, for review and discussion. I am available to meet at their convenience to discuss the implications of Anand's testimony for the overall case strategy and trial preparation.

2. Deposition Preparation — Mallick and Yun. Prepare detailed deposition outlines for the upcoming depositions of Serena Mallick (scheduled June 7, 2023) and Derek Yun (scheduled June 22, 2023). The outlines should incorporate the key admissions and contradictions from Anand's testimony and should be designed to probe for further admissions regarding the coordinated nature of the departures, the data transfers, and t

3. Outstanding Document Production. Follow up with defense counsel Patricia Whitfield and Samuel Gerber at Whitfield, Raines & Gerber LLP regarding NovaSpark's outstanding document production obligations, with particular emphasis on the Blackpine Capital Partners pitch materials. If satisfactory production is not received within 10 business days, recommend filing a motion to compel.

4. Expert Coordination. Coordinate with Naveen Kapoor at Meridian Cybersecurity Advisors Inc. to develop a technical rebuttal to Anand's characterization of the transferred materials as non-proprietary and publicly available. Mr. Kapoor should be provided with the relevant portions of the deposition transcript (subject to any Protective Order designations) so that his expert report can specifically address and rebut

5. Supplemental Motion Practice and Damages Analysis. Evaluate whether Anand's deposition testimony warrants (a) a supplemental motion to compel production of documents referenced in his testimony, including any communications with Blackpine Capital Partners and any internal NovaSpark documents relating to the use of the transferred materials, and (b) an update to the damages analysis prepared in connection with Lumo