Case 1:22-cv-00252-MSG Document 211-1 Filed 02/02/24 Page 1 of 6 PageID #: 14402
`Case 1:22-cv-00252-MSG Document 211-1 Filed 02/02/24 Page 1 of 6 PagelD #: 14402
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`EXHIBIT 1
`EXHIBIT1
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`Case 1:22-cv-00252-MSG Document 211-1 Filed 02/02/24 Page 2 of 6 PageID #: 14403
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 22-252 (MSG)
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`ARBUTUS BIOPHARMA CORPORATION
`and GENEVANT SCIENCES GmbH,
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`Plaintiffs,
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`v.
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`MODERNA, INC. and MODERNATX, INC.
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`Defendants.
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`MODERNA, INC. and MODERNATX, INC.,
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`Counterclaim-Plaintiffs,
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`v.
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`ARBUTUS BIOPHARMA CORPORATION
`and GENEVANT SCIENCES GmbH,
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`Counterclaim-Defendants.
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`DECLARATION OF PETER WOJCIECHOWSKI
`IN SUPPORT OF THE PARTIES’ JOINT MOTION TO SEAL
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`Case 1:22-cv-00252-MSG Document 211-1 Filed 02/02/24 Page 3 of 6 PageID #: 14404
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`I, Peter Wojciechowski, hereby declare as follows:
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`1.
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`I am CMC Knowledge Management Lead at ModernaTX, Inc. (hereinafter,
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`“Moderna”). In this role, I am familiar with Moderna’s technical research and development
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`information. I am familiar with the fact that Moderna maintains this information as confidential,1
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`and I am familiar with the extensive efforts Moderna takes to protect its confidential information.
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`I have personal knowledge of the facts stated in this declaration or have become aware of such
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`facts through my role at Moderna. If called upon to testify, I could and would competently testify
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`thereto.
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`2.
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`I write this declaration in support of Moderna’s 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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`Moderna keeps certain technical information confidential, and the serious harm that would result
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`to Moderna from disclosure of this information to Moderna’s competitors.
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`3.
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`I understand this case relates to Moderna’s COVID-19 Vaccine, known as
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`mRNA-1273 or “SpikeVax.” SpikeVax is comprised of messenger RNA (mRNA) which is
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`encased in lipid nanoparticles (LNPs). Moderna’s proprietary LNP is comprised of four lipid
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`components including SM-102, cholesterol, phospholipid, and PEGDMG-2000.
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`4.
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`I have been provided and have reviewed the information that Moderna proposes
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`to redact from supporting documents submitted with Moderna’s Opposition to Plaintiffs’ Motion
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`to Compel (D.I. 196) (“Moderna’s Opposition”). Specifically, Exhibits C and G contain Moderna
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`1 I understand that the Protective Order in this case (D.I. 91) includes two categories of
`Protected Material: “Confidential” and “Highly Confidential – Outside Counsel’s Eyes
`Only.” I understand that Exhibits C and G to Moderna’s Opposition include both categories
`of Protected Material. For the purposes of this declaration, I have used the term
`“confidential” to cover both categories, neither of which should be disclosed to the public for
`the reasons explained herein.
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`Case 1:22-cv-00252-MSG Document 211-1 Filed 02/02/24 Page 4 of 6 PageID #: 14405
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`confidential information. These documents reflect Moderna confidential technical and business
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`information regarding Moderna’s COVID-19 vaccine.
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`5.
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`It is critical to Moderna that the Court maintain under seal Moderna’s confidential
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`information. Moderna has always taken extensive measures to maintain the confidentiality of its
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`technical information, including by implementing procedures that restrict access to sensitive
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`information even within Moderna. Employees have confidentiality obligations as part of their
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`employment and are provided guidance regarding how to treat sensitive information.
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`Specifically, confidential Moderna information is not to be disclosed outside of Moderna 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. Internal to Moderna, employee access to commercially sensitive and trade secret
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`information is often restricted on a need-to-know basis, as determined by a person’s group or
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`role on a project. Moderna has been extremely concerned about the protection of its confidential
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`information during this litigation and has been very careful to always protect this information.
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`6.
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`Moderna’s proposed redactions seek to seal portions of Exhibits C and G to
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`Moderna’s Opposition which refer to, quote, summarize, or otherwise disclose Moderna’s
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`sensitive and confidential technical information. Specifically, the information on the following
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`pages of the Exhibits disclose specific information concerning the composition of Moderna’s
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`COVID-19 Vaccine and Moderna’s proprietary and trade secret manufacturing methods for its
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`COVID-19 Vaccine including steps in the manufacturing process and parameters for those steps:
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`• Exhibit C at page 2, line 37;
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`• Exhibit G at page 3, lines 11, 18-19; page 4, lines 1-2.
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`7.
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`The information within Exhibits C and G that Moderna proposes redacting is
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`confidential and sensitive information that Moderna does not disclose publicly, which it wishes
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`Case 1:22-cv-00252-MSG Document 211-1 Filed 02/02/24 Page 5 of 6 PageID #: 14406
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`to remain confidential. There is significant competition between established vaccine suppliers,
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`including suppliers with mRNA-based vaccines. Additionally, there are companies considering
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`entering the vaccine market and companies developing mRNA-based vaccines and therapeutics
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`for other diseases or developing LNPs for mRNA-based products. 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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`Moderna has spent significant resources to develop its formulation and manufacturing methods,
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`and the release of such information to the public, including Moderna’s competitors, would
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`significantly harm Moderna.
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`8.
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`With respect
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`to Moderna’s formulation, Moderna considers
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`its precise
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`formulation, including the quantities of ingredients, a trade secret, which is not public
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`knowledge.
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`9.
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`With respect to Moderna’s proprietary manufacturing process for SpikeVax,
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`Moderna considers its process-as-a-whole a trade secret, including the steps in the process, the
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`records of each step, and the parameters or specification for each step (such as timing, sequence,
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`amount and kind of raw materials, temperatures, measurements, equipment used etc.). Moderna
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`has not publicly disclosed its proprietary manufacturing process.
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`10.
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`Exhibits C and G disclose many of these details, which are referenced in portions
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`of Moderna’s Opposition that Moderna proposes to redact.
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`11.
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`Based on my personal knowledge and experience in the pharmaceutical business,
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`I believe that disclosure of this information would significantly harm Moderna by revealing
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`confidential data to its direct competitors and the public generally. If the confidential information
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`were made public, Moderna’s competitors would be able to potentially replicate Moderna’s
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`3
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`Case 1:22-cv-00252-MSG Document 211-1 Filed 02/02/24 Page 6 of 6 PageID #: 14407
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`products, features within Moderna’s products, and methods of making Moderna’s products, or
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`make decisions about where, when, and how to offer directly competitive goods with full
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`knowledge of Moderna’s technology. Moderna’s competitors would gain a significant advantage
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`in creating their own business strategies, which would put Moderna at a significant competitive
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`disadvantage, causing it real and serious harm. Moderna’s competitors may also seek patent
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`claims to cover Moderna’s technology.
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` I
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` 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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`Executed on this January 24, 2024
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`Respectfully submitted,
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`/s/ Peter Wojciechowski
`Peter Wojciechowski
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