`Transaction ID 57319242
`Case No. 11076-VCL
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` ei 3
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`IN THE COURT OF CHANCERYOF THE STATE OF DELAWARE
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`BRISTOL-MYERS SQUIBBCO.,
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`Plaintiff,
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`V.
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`DAVID BERMAN,
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`Defendant.
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`Civil Action No. 11076-VCL
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`AFFIDAVIT OF BAHIJA JALLAL
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`1.
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`This Affidavit is based upon my personal knowledge. I am giving this
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`Affidavit in opposition to BMS’s Motion for a Temporary Restraining Order
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`against Defendant David Berman.
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`2.
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`I am currently employed as Executive Vice President of AstraZeneca
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`Pharmaceuticals LP (“AZ”) and the head of MedImmune, LLC (“MedImmune”),
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`AZ’s global biologics research and development arm.
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`3.
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`MedImmune is arranged into five disease-focused units for
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`the
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`discovery and developmentof new biologics. Oncology is one ofthese five units.
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`4.
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`MedImmune’s oncology research pipeline targets solid tumors (such
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`as breast or lung cancers) and hematologic cancers (such as lymphoma and
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`leukemia).
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`5.
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`A main focus at MedImmuneis incorporating innovative technologies
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`designed to eliminate cancer cells in more effective and targeted ways, such as
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`118207706_1
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`1
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`EFiled: Jun 01 2015 07:22PM EDT
`Transaction ID 57319242
`Case No. 11076-VCL
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`effector-enhanced, polyspecific, and toxin-carrying antibodies. This includes a
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`focus on several
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`strategic biologic areas critical
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`to the development and
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`progression of cancer:
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`immune-mediated cancer therapy
`tumor-associated antigens
`cancer stem cells
`growth factor signaling and survival
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`6.|MedImmune is aware of Dr. Berman’s post-employment obligations
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`to BMS.
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`7.
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`Indeed, MedImmune has expressly cautioned Dr. Berman against
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`using or disclosing any of BMS’s confidential information to which he may be
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`privy.
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`8.
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`MedImmune does not believe that Dr. Berman’s obligations to BMS
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`preclude his employment with MedImmune.
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`9,
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`MedImmune has a substantial number of drugs under development
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`which do not compete with any of the drugs that Dr. Berman wasinvolved in over
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`the last
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`twelve months of his employment with BMS (hereafter,
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`the “BMS
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`Restricted Drugs”).
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`10. As such, Dr. Berman’s role at MedImmune would not require him to
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`use or disclose any of BMS’s confidential information.
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`118207706_1
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`11. However,
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`to the extent
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`that
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`there are drugs in development at
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`MedImmune or AZ that compete with any of the BMS Restricted Drugs,
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`MedImmune will implement safeguards to ensure that Dr. Berman will not have
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`any involvement with such drugs over the next twelve months.
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`12.
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`If Dr. Berman is asked to become involved in any way with such
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`drugs over the next twelve months, he is to refuse to do so and alert me ofthe
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`request so that I arrange for another senior oncology executive to handle whatever
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`task may have been asked of Dr. Berman.
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`13.
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`In short, MedImmune does not want Dr. Berman to engage in any
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`activity that could violate his post-employmentobligations to BMS.
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`14.
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`Indeed, MedImmuneis altering the original requirements of the
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`position for which Dr. Berman washired and is creating a job description that
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`specifically takes into accounthis obligations to BMS.
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`15.
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`I swear under penalty of perjury that the foregoingis trw¢
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`and correct.
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`
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`Sworn to and subscribed before me
`this_/$*__
`day of _Junly
`NOTARY PUBLIC
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`C
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`S
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`My Commission Expires: qv/[2016
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`118207706_1
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`2015,
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`
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`OFFICIAL SEAL
`NILMAR O MENDOZA
`NOTARY PUBLIC - STATE OF ILLINOIS
`MYCOMMISSIONEXPIRES:0702/16
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