Free Redacted Document - District Court of Delaware - Delaware

Case 1:05-cv—OO160—KAJ—l\/IPT Document 154 Filed 08/O1/2006 Page 1 of 4
PUBLIC VERSION — REDACTED
IN TI-[E UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
NOVOZYMES A/S,
Plaintiff
V` C.A. N0. 05-160-KA]
GENENCOR INTERNATIONAL, INC., and
ENZYME DEVELOPMENT CORPORATION
Defendants
DECLARATION OF RICHARD H. OLOFSON
I, Richard H. Olofson, do hereby declare as follows:
I. I make this declaration in support of Novozymes A/S’s ("NZDK") Motion For
Leave To Modify The Scheduling Order For The Purpose Of Amending Its Original Complaint
(the "Motion"). I have personal knowledge of the facts set forth herein and if called to testify, I
could and would truthfully testify to them consistently with those facts.
2. I am currently an employee of Novozymes of North America, Inc. ("NZNA").
My current job title is Finance Manager, where I am responsible for all day-to—day issues relating
to accounting and finance within NZNA. I have held this position at NZNA for the past six
years. I have been an employee of NZNA or its predecessor for the past sixteen years.
3. My educational background includes a 1987 B.S. in Economics with a double
major in Accounting and Finance from the University of Pennsylvania, Philadelphia,
Pennsylvania, and a 1998 M.B.A. from the University of North Carolina, Chapel Hill, North
Carolina.
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Case 1:05-cv—OO160—KAJ—l\/IPT Document 154 Filed 08/O1/2006 Page 2 of 4
PUBLIC VERSION - REDACTED
4. NZDK is a Danish corporation with its principal place of business at
Krogshoejvej 36, DK—2880 Bagsvaerd, Denmark. NZDK owns 100% ofthe stock of its United
States subsidiary, Novozymes U.S., Inc. ("NZUS").
5. NZUS, a Delaware corporation, is a holding corporation with no employees.
NZUS holds 100% ofthe stock of three subsidiary United States corporations, one of which is
NZNA.
6. NZNA is a New York Corporation with its principal place of business at 77 Perry
Chapel Church Road, Franklinton, NC 27525. indirectly through NZUS, NZNA is a wholly-
owned subsidiary ofNZDK. NZNA’s tive person board of directors is dominated by executives
of NZDK, with four ofthe iive members being NZDK executives. While NZNA employees are '
authorized to make day-to-day decisions, it my understanding that NZNA operates at the
complete discretion and control ofNZDK.
8. NZDK issues an annual report that includes its audited consolidated financial
I statements. These statements report the consolidated profits and losses of NZDK and all of
NZDK’s subsidiaries, including NZNA. NZDK’s stock is publicly traded based on information
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Case 1:05-cv—OO160—KAJ—|\/IPT Document 154 Filed 08/O1/2006 Page 3 of 4 2 /2
` that includes the prollix and losses of NZNA. any ptoits lost by NZNA will ultimately have a ° _
{lull and direct effect on NZDICS inancial Statements aé reported in its mutual report.
I declare under penalty ofpeljuxy underthe laws ofthe United States of America that the
. l foregoing is true and oorrectt l , I ‘ _ ` .
Dated; igt 933 1
‘ , Richard H. Olofson
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Case 1:05-cv—OO160—KAJ—|\/IPT Document 154 Filed 08/O1/2006 Page 4 of 4
CERTIFICATE OF SERVICE
1, Karen E. Keller, hereby certify that on August 1, 2006, I caused to be electronically
tiled a true and correct copy of the foregoing document with the Clerk of the Court using
CM/ECP, which will send notification that such filing is available for viewing and downloading
to the following counsel of record:
Donald E. Reid, Esquire
MORRIS NICHOLS ARSHT & TUNNELL
1201 North Market Street
PO Box 1347
Wilmington, DE 19899-1347
I further certify that on August 1, 2006, I caused a copy of the foregoing document to be
served by hand delivery on the above-listed counsel of record and on the following non-
registered participants in the manner indicated:
BY ELECTRONIC MAIL
Tharan Gregory Lanier, Esquire
Jane Froyd, Esquire
JONES DAY
2822 Sand Hill Road, Suite 240
Menlo Park, CA 94025
YOUNG CONAWAY STARGATT & TAYLOR, LLP
/s/ Karen E. Keller
Karen E. Keller (No. 4489)
The Brandywine Building
1000 West Street, 17th Floor
Wilmington, DE 19801
(302) 571-6600
[email protected]
Attorneys for Novozymes A/S
DB01:l616884.2 0640201001