Declaration of Kevin T. Murphy

Whereas Kevin T. Murphy has provided a copyright disclosure to University of
California at San Diego regarding a certain software referred to as the PeakLogic
Software, and he has also subsequently had discussions with the Technology Transfer
of?ce at UCSD, and in connection with those discussions Kevin T. Murphy wishes to obtain a
waiver from UCSD regarding any ownership by UCSD in the PeakLogic Software,
including the protocol algorithm and diagnostic capability used in the software.

Therefore, the undersigned, Kevin T. Murphy, makes this lawful declaration to UCSD
regarding the following facts:

1. I currently serve as Vice Chair of Radiation Medicine and Applied Sciences at
University of California at San Diego. I have been in that position since ?2016,
but have been on sta?' since 2005. My duties include overseeing the Department
of Radiation Medicine and Applied Sciences and I report directly to my
Department Chair. I work out of a satellite site (cCare) in 48 Ranch, providing
radiation oncology services. My duties also include treating a variety of cancers
with radiation linear accelerators. My duties do not include developing software
for UCSD or for my department. At no time have I been asked by UCSD to
develop software nor have I been involved in developing software for the UCSD.

2. Since 2016, I also have practicing medicine in my private medical practice in my
California professional medical corporation called Kevin T. Murphy M.D., a
Professional Corporation, dba MindSet. This professional corporation originally
had a dba called The Medical Center. My private medical practice is
currently located at 16918 Dove Canyon Road, Suite 102, San Diego, California
9212?. Prior to this, I was located in the same building in suite 206. I signed this
lease and no UCSD resources were used in this facility. I see and treat my own
patients in this clinic for various neurological and neurocognitive illnesses. I have
funded this medical practice out of my own personal funds and I treat many
patients for free if they cannot afford to pay. I have treated my own son, who has
autism, in my clinic.

3. On February 27, 2017, I formed PeakLogic, Inc., a Delaware corporation. This
corporation was formed for the purpose of creating a software that would treat the
brain for various neurocognitive diseases including PTSD and autism. The
company is operated by a COO named Diana Shapiro, who handles day to day
operations of the company. The company has several employees and has
consultants on its Advisory Board. The intent of forming this company and
having it develop the software was and is to provide a uniform treatment protocol
for patients undergoing treatment, so that formal clinical trials could take
place, and could be tested without bias.

4. In February of 2017 we engaged the law ?rm of Procopio, Cory, Hargreaves 

Savitch LLP to help us form PeakLogic, Inc. and to discuss various matters
relating to setting up a business. We chose to work with Mike Kinkelaar by

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recommendation, given his familiarity with UCSD and his association with
CONNECT in San Diego, with expertise in starting early stage technology
companies.

5. In our early conversations with investors who we were soliciting to invest, they
indicated that they would be interested in investing in a software company and
thus I formed PeakLogic, Inc. speci?cally to develop and create software that
could be used in my medical practice.

6. PeakLogic, Inc. has now raised over $500,000 from several investors, primarily
for the purpose of developing and writing a so?ware program that would use a
more advanced and personalized form of the existing transcranial magnetic
stimulation than was currently on the market at that time.

7. In mid 2017, PeakLogic, Inc. used those funds from investors to engage a
company called CrossTx (consisting of some former Oracle software developers)
in Bozeman, Montana. We negotiated the contract for that development and
provided that the work product from CrossTx would be owned entirely by
PeakLogic, Inc. CrossTx had already owned a speci?c HIPAA compliant
interface for healthcare organizations that would be useful to us in our business
and in future clinical trials, which we could license from them and which would
work with the company?s newly developed software once developed. CrossTx
was asked to write the software so that it integrated with their software interface,
and they did so.

8. CrossTx, founded by Chad Nybo, the President, and others, worked for many
months on developing and writmg the software which we now call the PeakLogic
software. PeakLogic, Inc. has paid over $250,000 to CrossTx to date for
such software development and we are continuing to pay them for further
developments to the software. The company also pays them to maintain
and support the software.

9. We have used this software to begin to test the effectiveness of the software in
analyzing a patient?s EEGs, corroboration of subjects diagnosis, and determining
what type of treatment to use to treat that patient?s situation. Our software
requires the use of an EEG cap developed by a San Diego company called
Cognionics, Inc. The treatment also requires the use of a TMS treatment device,
approved by the FDA for depression, which is made by a number of companies.
The particular device we use is made by a company called MagVenture based
outside Copenhagen, Denmark, In combination with these other devices, our
software is useful for determining the prOper diagnosis and treatment for various
brain abnormalities.

10. In my private clinic, I have treated my own son who has autism with this
technology. I have also treated my own medical patients from my own medical
practice with this technology.

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11. As part of my duties for UCSD, I also supervise the operations of a cancer clinic
called Ccare for UCSD. I treat UCSD cancer patients in that facility. With regard
to my activities and duties for UCSD, I split my time between my academic
functions and my duties at Ccare.

12. At no time did I use UCSD funds or resources to develop the software or
the related technology. At no time did I spend time working on the software that
I was supposed to be working at UCSD or performing my UCSD duties. The
development of any kind of software is not within the scope of my duties at
UCSD and a radiation oncologist.

13. I have expended my own personal funds to start to develop my own medical
practice, and to start PeakLogic, Inc. I have paid legal fees for PeakLogic, Inc. out
of my own pocket, and no funds for such legal fees have come from UCSD funds.
The software has been created and developed by a company that has been
paid by PeakLogic, Inc. funds.

14. None of the funds which were used to create or develop the software
came from any UCSD funds.

15. In conclusion no time, resources or funding owned by UCSD or attributed to my
duties at UCSD, were used in the development of the software. This work
was performed off-site by CrossTX, based in Bozeman Montana.

16. In my own medical practice I treated Charles Kreutzkamp, a Kaiser patient, for a
malady. Due to his amazing response, he agreed to gift tome $10,000,000 in his
will for furthering the use and proof of concept in clinical studies and to
determine if my use of personalized TMS had any practical application and could
be approved by the FDA. These funds were directed by me to be placed in the
UC Health Foundation, a 501(c)(3) separate entity separate from UCSD. The
donor letter from the Kreutzkamp Foundation indicates that these funds are to be

used at my direction as he donated these funds to me speci?cally and not to
UCSD. However, I have entered into an agreement with UCSD as to how those

funds are to be used, and have worked closely with the Foundation and
Compliance Dept.

17. I have not used any of the Kreutzkarnp gift funds to fund PeakLogic, Inc. or any
of its operations or activities. These gift funds have also not been used to create
or develop or write the software.

I declare under penalty of perjury under the laws of the State of California that the above
is true and accurate of my own knowledge.

 

Kevin T. Murphy MD.

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