IN THE SUPREME COURT OF THE STATE OF DELAWARE HUBERT OWENS, Derivatively § on Behalf of ESPERION § THERAPEUTICS, INC., § § No. 110, 2020 Plaintiff Below § Appellant, § § v. § Court Below – Court of Chancery § of the State of Delaware TIM M. MAYLEBEN, ROGER S. § NEWTON, MARY P. § C.A. No. 12985-VCS MCGOWAN, NICOLE § VITULLO, DOV A. § GOLDSTEIN, DANIEL JANNEY, § ANTONIO M. GOTTO, JR., § MARK E. MCGOVERN, § GILBERT S. OMENN, SCOTT § BRAUNSTEIN, and PATRICK G. § ENRIGHT, § § Individual Defendants Below, § Appellees, § § and § § ESPERION THERAPEUTICS, § INC., § § Nominal Defendant Below § Appellee. §

Submitted: October 14, 2020 Decided: October 29, 2020 Corrected: November 18, 2020 Before SEITZ, Chief Justice; VAUGHN, and MONTGOMERY- REEVES, Justices.

ORDER On this 29th day of October, 2020, after careful consideration of the parties’ briefs and the record on appeal, and after oral argument, we find it evident that the final judgment of the Court of Chancery should be affirmed on the basis of and for the reasons stated in the February 13, 2020 memorandum opinion.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of Chancery is AFFIRMED.

BY THE COURT: /s/ Tamika R. Montgomery-Reeves Justice