Contract analysis

I. Executive Summary The purpose of this memorandum is to set forth the litigation team's recommended discovery strategy and deposition plan for the remaining weeks of fact discovery in Genome Dx Therapeutics Inc. v. Helios Precision Diagnostics, Inc., Case No. 3:25-cv-01847-JWL (N.D. Cal.). Fact discovery closes on March 6, 2026, and there is substantial work remaining across multiple workstreams. This memorandum co

1. Complete document review and pursue outstanding productions. The team must finalize its review of the approximately 167,000 documents produced by Helios, identify gaps in production, and pursue supplemental productions where Helios's responses have been deficient. Simultaneously, GenomeDx must complete its own privilege review and finalize any outstanding production obligations.

2. Resolve the pending motion to compel before Magistrate Judge David R. Cabrera. GenomeDx's motion to compel production of 34 documents withheld by Helios on privilege grounds (relating to RFP Nos. 22, 23, and 31) was filed on January 30, 2026. A ruling is expected in late February or early March 2026. A favorable ruling would provide critical evidence of Helios's pre-launch awareness of GenomeDx's patent portfolio

3. Finalize and serve the third-party subpoena to Corinth Ventures Fund III, LP. A draft subpoena duces tecum has been prepared and must be reviewed, approved, and served promptly. Corinth Ventures is believed to hold investment memoranda, due diligence reports, and board observation materials that reference GenomeDx's patents and Helios's freedom-to-operate analysis. These materials could corroborate or supplement t

4. Conduct five priority depositions of Helios personnel. The team has identified five depositions that are essential to building GenomeDx's case on infringement, willfulness, and damages. These depositions must be noticed, scheduled, prepared for, and conducted before the close of fact discovery — an extremely compressed timeline.

5. Prepare GenomeDx witnesses for defense depositions noticed by Helios. Helios's 30(b)(6) notice designates 12 topics for corporate testimony. GenomeDx must designate appropriate witnesses and prepare them thoroughly for deposition on topics including patent development, Decipher® test design, licensing history, financial data, and IP enforcement history.

6. Lay groundwork for expert engagement. Expert reports are due May 15, 2026. Deposition testimony and document productions from fact discovery will be the critical inputs for both the technical expert (Dr. Franklin Ogawa) and the damages expert (Dr. Louise Tremaine). Depositions should be structured to elicit testimony supporting expert opinions and to lock in factual predicates that will withstand Daubert scrutiny.

II. Current discovery Posture A. Document Production Status GenomeDx served 47 Requests for Production ("RFPs") on Helios on January 27, 2026. Helios served 52 RFPs on GenomeDx on the same date. Both parties have been engaged in rolling document productions since that time. GenomeDx's Production. GenomeDx has produced approximately 218,000 documents from a total collection of approximately 482,000 documents (1.7 TB o

III. Deposition Plan — Helios Witnesses A. Overview and Prioritization GenomeDx has identified five priority depositions of Helios personnel. These depositions are rank-ordered by strategic importance as follows:

1. Dr. Elaine Kossack (Chief Scientific Officer) — Highest Priority

2. Dr. Nathan Ashford (Chief Executive Officer)

3. Dr. Anton Rykov (Senior Scientist, Bioinformatics)

4. Derek Mallinson (Vice President, Commercial Operations)

5. Sara Whitmore (General Counsel / 30(b)(6) Designee on FTO and IP Clearance Topics) Each of these witnesses possesses unique knowledge that is essential to GenomeDx's case. Dr. Kossack and Dr. Rykov are central to the infringement analysis, as they were the principal architects of ProstaSignal™'s scientific design and algorithm. Dr. Ashford is critical to the willfulness theory, as the ultimate decision-maker who a

IV. Preparation for Defense Depositions of GenomeDx Witnesses A. Helios's 30(b)(6) Notice (12 Topics) Helios served a Rule 30(b)(6) deposition notice on GenomeDx on February 24, 2026. The notice designates 12 topics for corporate testimony. Under Rule 30(b)(6), GenomeDx has an obligation to designate one or more witnesses to testify on each noticed topic, and those witnesses must be prepared to provide testimony that

1. Development and prosecution history of the '271, '893, and '647 Patents. This topic will likely encompass the conception, reduction to practice, and prosecution of each asserted patent, including any rejections, amendments, and arguments made to the PTO during prosecution.

2. GenomeDx's Decipher® test design, gene panel selection, and classifier methodology. Helios will seek testimony on the technical details of the Decipher® test, including the scientific basis for the 22-gene panel, the random-forest classifier methodology, and the training data used.

3. Licensing history. Helios will seek testimony on GenomeDx's history of licensing the asserted patents, including the Veridian Molecular Labs license dated April 3, 2022. This testimony will be relevant to the reasonable-royalty damages analysis.

4. Damages and financial data. Helios will seek testimony on GenomeDx's revenue, market share, reimbursement rates, incremental margins, and other financial data relevant to the damages theories in the case.

5. IP enforcement history and prior litigation. Helios will seek testimony on GenomeDx's history of enforcing the asserted patents, including any prior litigation, cease-and-desist letters, or licensing negotiations.

6. Relationship with Pinnacle Biosciences Capital, LP and impact on IP strategy. Helios may seek to explore GenomeDx's relationship with its own investors and whether GenomeDx's IP enforcement strategy is driven by investor pressure or financial objectives rather than genuine infringement concerns. Additional topics may include GenomeDx's claim construction positions, its identification of accused instrumentalities,