Case 1:22-cv-00252-MSG Document 195-2 Filed 01/16/24 Page 1 of 7 PageID #: 13352
`Case 1:22-cv-00252-MSG Document 195-2 Filed 01/16/24 Page 1 of 7 PagelD #: 13352
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`EXHIBIT B
`EXHIBIT B
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`Case 1:22-cv-00252-MSG Document 195-2 Filed 01/16/24 Page 1 of 7 PagelD #: 13352
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`EXHIBIT B
`EXHIBIT B
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`Case 1:22-cv-00252-MSG Document 195-2 Filed 01/16/24 Page 2 of 7 PageID #: 13353
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`ARBUTUS BIOPHARMA CORPORATION
`and GENEVANT SCIENCES GMBH
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`Plaintiffs,
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`MODERNA, INC. and MODERNATX,
`INC.,
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`v.
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`C.A. No. 22-252-MSG
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`HIGHLY CONFIDENTIAL
`OUTSIDE
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`FILED UNDER SEAL
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`Defendants.
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`DECLARATION OF ED YAWORSKI
`IN SUPPORT OF PLAINTIFFS MOTION TO SEAL
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`Case 1:22-cv-00252-MSG Document 195-2 Filed 01/16/24 Page 3 of 7 PageID #: 13354
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`I, Ed Yaworski, hereby declare as follows:
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`I am the Chief Technology Officer of Genevant Sciences Corporation
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`. Previously, I was the Vice President of Pharmaceutical Development. Prior to
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`joining Genevant in April 2018, I directed and led CMC activities at Arbutus Biopharma
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`. From these roles, I am familiar with Plaintiffs technical research and
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`development information. I am familiar with the fact that Plaintiffs maintain this information as
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`confidential, and I am familiar with the extensive efforts Plaintiffs take to protect their confidential
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`information. I have personal knowledge of the facts stated in this declaration and have become
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`aware of such facts through my roles with Plaintiffs. If called upon to testify, I could and would
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`competently testify thereto.
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`I write this declaration in support of
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`request to avoid disclosure of
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`sensitive and confidential information on the public record. I discuss below how and why
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`keep certain technical information confidential, and the serious harm that would result
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`to Plaintiffs from disclosure of this information to
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`competitors.
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`I have been provided and have reviewed the information that Plaintiffs propose to
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`have remained sealed/redacted that were filed as exhibits to
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`Opposition t
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`Motion to Compel Sample filed under seal on January 5, 2024, specifically Exhibits 7, 8, 10, 11,
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`and 24 thereto, as well as a redacted version of Exhibit 14 provided by Moderna that I am informed
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`. I have also been provided with a
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`, for which I am similarly informed does not contain any
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`As I describe below, Exhibits 7, 8, 10, 11, and 24
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`materials
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`and contain confidential technical and/or business information that reflect Plain
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`experimental
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`2
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`Case 1:22-cv-00252-MSG Document 195-2 Filed 01/16/24 Page 4 of 7 PageID #: 13355
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`and formulation development work concerning lipid
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`, and ongoing work
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`to develop and commercialize LNPs. Exhibit 14 is a declaration by Dr. Stephen Byrn that relies
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`on
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`idential technical or business information.
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`Exhibit 7 is an excerpt of a confidential internal scientific lab notebook reflecting
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`formulation work performed by
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`ed technology.
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`The document discloses several charts with
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`and trade secret information. In particular, these charts disclose scientific data regarding Plaintiffs
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`formulation development work for LNPs, including the specific ingredients and amounts Plaintiffs
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`used. Plaintiffs seek to redact this document to remove the public disclosure of this confidential
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`technical information.
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`Exhibit 8 contains responses that Genevant
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`interrogatories
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`tion and reduction to practice of Plaintiffs patented LNP technology.
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`These responses include a detailed description and accounting of work performed by the inventors
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` The discussion discloses specific formulations developed,
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`including which particular ingredients were used and in what amounts, and resulting data.
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`Plaintiffs seek to redact lines 4 8 on page 6 of the PDF exhibit and lines 1 3, 8 20 on page 7.
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`Exhibit 10 is a confidential internal Genevant document describing an analytical
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`technique for a particular LNP developed at Genevant. The components of this LNP and the
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`parameters of this testing, including the particular analytes and specifications, are confidential
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`technical and business information. Plaintiffs seek to have this document sealed.
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`Exhibit 11 is a confidential internal Genevant email chain that includes details of a
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`confidential licensing agreement between Genevant and a third party and reflects ongoing work
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`cial collaborators in the LNP space to develop a commercial
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`3
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`Case 1:22-cv-00252-MSG Document 195-2 Filed 01/16/24 Page 5 of 7 PageID #: 13356
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`product.
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`disclosure of which
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`,
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`the
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`document also contains confidential technical and business information with respect to analytical
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`tests performed at Genevant on LNPs. Plaintiffs seek to have this document sealed.
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`confidential, internal
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`materials including describing tests performed by Plaintiffs and parameters of those tests, which
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`constitute Plaintiffs confidential technical information. Plaintiffs seek to redact lines 2 5 of
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`paragraph 37, lines 1 2 of paragraph 39, and paragraph 40 of Exhibit 14.
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`Exhibit 24 is a presentation prepared at Protiva, one of Plaintiffs predecessor
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`corporations, where I was also previously employed. Exhibit 24 contains confidential LNP
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`stability data and parameters for various formulations that Plaintiffs designed. The data disclosed
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`in Exhibit 24 includes specific ingredients and concentrations used for Plaintiffs formulations and
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`the results of analytical tests performed on them. Plaintiffs seek to have this document sealed.
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`refers to Plaintiffs confidential internal material including
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`describing the above confidential technical and/or business information of Plaintiffs. Plaintiffs
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`seek to redact a portion of lines 15 16 on page 3 referring to or reflecting this confidential technical
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`and/or business information.
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`Plaintiffs consider precise LNP formulations, including the quantities and types of
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`ingredients used, and related stability and specification data trade secret, which is not public
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`knowledge. Plaintiffs have also spent considerable resources developing analytical techniques for
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`their LNP technology and consider such techniques to be trade-secret, non-public knowledge. It
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`is critical to Plaintiffs that the Court maintain under seal/redact Plaintiffs confidential information.
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`Plaintiffs have spent substantial amounts of time and money developing and maintaining their
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`4
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`Case 1:22-cv-00252-MSG Document 195-2 Filed 01/16/24 Page 6 of 7 PageID #: 13357
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`confidential proprietary and trade secret information related to LNP research and development.
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`their confidential proprietary and trade secret
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`information related to their LNP work is ongoing.
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`Plaintiffs have always taken extensive measures to maintain the confidentiality of
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`their technical information, including by implementing procedures that restrict access to sensitive
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`information. Employees of Plaintiffs, and employees of their predecessors, have confidentiality
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`obligations as part of their employment and are provided guidance regarding how to treat sensitive
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`information. Employees receive periodic guidance and training on how to maintain
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`confidentiality, and confidential information is not to be disclosed outside of Plaintiffs except
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`under confidentiality agreement and when necessary. Documents containing such information
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`may be marked as confidential or otherwise indicate they contain restricted or sensitive
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`information.
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`The information Plaintiffs seek to have remain under seal/redacted is confidential
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`and sensitive information that Plaintiffs do not disclose publicly, and wish to remain confidential.
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`Plaintiffs compete, and will continue to compete, with others in connection with the research,
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`development, and sale of products related to their LNP technology. Because there are so few
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`competitors in these markets, the markets are highly competitive, and any information about one
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`of the competitors, even seemingly minor information, may prove competitively advantageous.
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`Plaintiffs have spent significant resources to research and develop various effective and lucrative
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`LNP compositions, and the release of such information to the public, including Plaintiffs
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`competitors, would significantly harm Plaintiffs.
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`I have more than 30 years of experience in the pharmaceutical industry, including
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`more than 20 years working with nucleic-acid delivery systems such as LNPs. Based on my
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`5
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`Case 1:22-cv-00252-MSG Document 195-2 Filed 01/16/24 Page 7 of 7 PageID #: 13358
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`personal knowledge and experience in the pharmaceutical business, I believe that disclosure of
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`this information would significantly harm Plaintiffs by revealing confidential data to their direct
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`competitors and the public generally. If the confidential information were made public, Plaintiffs
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`competitors would be able to potentially replicate Plaintiffs products, features within Plaintitfs
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`products, and methods of making Plaintiffs products, or make decisions about where, when, and
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`how to offer directly competitive goods with full knowledge of
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` technology. Plaintiffs
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`competitors would gain a significant advantage in creating their own business strategies, which
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`would put Plaintiffs at a significant competitive disadvantage, causing it real and serious harm.
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`*
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`*
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`*
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`I declare under penalty of perjury under the laws of the United States of America that the
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`foregoing is true and correct to the best of my knowledge.
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`Dated: January 10, 2024
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`Ed Yaworski
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`6
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