Nagesh Mahanthappa, Solely in His Capacity as Representative of the Former Securityholders of Twistdx, Inc. v. Alere, Inc. and Innovacon, Inc.

Alere, Inc. acquired all outstanding shares of TwistDx, Inc., in 2010 and merged it with a wholly-owned subsidiary. TwistDx, which was based in the United Kingdom, was working on ways to use Recombinase Polymerase Amplification (“RPA”) technology to detect pathogens that cause human diseases.

Alere paid TwistDx’s stockholders (the “Shareholders”) $35 million at the closing. It also agreed to make further earnout payments, capped at $125 million, contingent on TwistDx meeting product development or revenue targets. Alere paid the Shareholders $25 million of this contingent earnout compensation,…