`Case 1:22-cv-00252-MSG Document 210-2 Filed 02/02/24 Page 1 of 3 PagelD #: 14264
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`EXHIBIT B
`EXHIBIT B
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`Case 1:22-cv-00252-MSG Document 210-2 Filed 02/02/24 Page 2 of 3 PageID #: 14265
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`From:
`Sent:
`To:
`Cc:
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`Subject:
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`Sheh, Anthony <ASheh@wc.com>
`Thursday, November 30, 2023 6:29 PM
`Dean, Caitlin; Genevant Team; Arbutus_MoFo
`#KEModernaSpikevaxService; Blumenfeld, Jack; Egan, Brian P.; Murray, Travis;
`'kkeller@shawkeller.com'; 'nhoeschen@shawkeller.com'; *jshaw@shawkeller.com
`RE: Arbutus v. Moderna, 1-22-cv 00252 - Moderna's RFP No. 106
`
`This message is from an EXTERNAL SENDER
`Be cautious, particularly with links and attachments.
`
`Caitlin,
`
`We’ve repeatedly explained the challenge and burden on our end regarding INDs due to the lack of a centralized
`database of regulatory submissions. The burden of conducting a search among loose files is both undue and
`disproportionate relative to the minimal relevance that Moderna has identified to date.
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`Nevertheless, Plaintiffs will agree to conduct a reasonable and proportionate search for IND documents that you
`requested in your November 29, 2023 email within the scope of the asserted patents—as we have flagged before, we
`can make no guarantees that we will be able to locate a complete set of responsive documents, the draft or final status
`of the documents, whether they were ever submitted to FDA, etc. We are unsure of exactly when we will be able make
`a production, but will work diligently to provide what we can responsive to Moderna’s request.
`
`We understand that it remains Moderna’s position that it refuses to search for its own INDs within the scope of the
`asserted patents responsive to Plaintiffs’ RFPs 164–167 despite (1) those documents being readily available in a
`regulatory document database, (2) Moderna’s repeated insistence that Plaintiffs produce equivalent documents, and (3)
`Plaintiffs’ previously expressed willingness to narrow these RFPs to remove Module 5. Plaintiffs intend to seek the
`Court’s assistance to obtain these highly relevant documents.
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`Best,
`Tony
`
`Anthony Sheh | Associate | Williams & Connolly LLP | (202) 434-5436 | vcard
`
`From: Dean, Caitlin <caitlin.dean@kirkland.com>
`Sent: Wednesday, November 29, 2023 5:27 PM
`To: Sheh, Anthony <ASheh@wc.com>; Genevant Team <GenevantTeam@wc.com>; Arbutus_MoFo
`<Arbutus_MoFo@mofo.com>
`Cc: #KEModernaSpikevaxService <KEModernaSpikevaxService@kirkland.com>; Blumenfeld, Jack
`<JBlumenfeld@morrisnichols.com>; Egan, Brian P. <began@morrisnichols.com>; Murray, Travis
`<tmurray@morrisnichols.com>; 'kkeller@shawkeller.com' <kkeller@shawkeller.com>; 'nhoeschen@shawkeller.com'
`<nhoeschen@shawkeller.com>; *jshaw@shawkeller.com <jshaw@shawkeller.com>
`Subject: Arbutus v. Moderna, 1-22-cv 00252 - Moderna's RFP No. 106
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`Counsel,
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`1
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`Case 1:22-cv-00252-MSG Document 210-2 Filed 02/02/24 Page 3 of 3 PageID #: 14266
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`Pursuant to your offer to compromise on yesterday’s meet-and-confer regarding Moderna’s RFP No. 106, will Plaintiffs
`agree to produce INDs sponsored by Plaintiffs or their predecessors for products within the scope of the Patents-in-Suit
`excluding Module 5? As you know, Moderna agreed to produce FDA filings for the Accused Product, including
`correspondence and all Modules except Module 5. Please let us know or confirm that the parties are at an impasse by
`Friday, December 1, 2023.
`
`Best,
`Caitlin
`
`Caitlin Dean
`-----------------------------------------------------
`KIRKLAND & ELLIS LLP
`601 Lexington Ave, New York, NY 10022
`T +1 212 909 3099 M +1 929 262 2212
`F +1 212 446 4900
`-----------------------------------------------------
`caitlin.dean@kirkland.com
`
`
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