Case 1:22-cv-00252-MSG Document 211-2 Filed 02/02/24 Page 1 of 6 PageID #: 14408
`Case 1:22-cv-00252-MSG Document 211-2 Filed 02/02/24 Page 1 of 6 PagelD #: 14408
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`EXHIBIT 2
`EXHIBIT 2
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`Case 1:22-cv-00252-MSG Document 211-2 Filed 02/02/24 Page 2 of 6 PageID #: 14409
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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 DAN STANER
`IN SUPPORT OF THE PARTIES’ JOINT MOTION TO SEAL
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`Case 1:22-cv-00252-MSG Document 211-2 Filed 02/02/24 Page 3 of 6 PageID #: 14410
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`I, Dan Staner, hereby declare as follows:
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`1.
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`I am VP, & General Manager, Switzerland, Germany & Middle East at Moderna
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`Switzerland GmbH (hereinafter, “Moderna”). In this role, I am familiar with Moderna’s supply
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`agreements. 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 Moderna
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`keeps certain information confidential, and the serious harm that would result to Moderna from
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`disclosure of this information to Moderna’s competitors.
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`3.
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`I have been provided and have reviewed the information that Moderna proposes to
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`redact from Moderna’s Opposition to Plaintiffs’ Motion to Compel (D.I. 196) (“Moderna’s
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`Opposition”), as well as supporting documents submitted with Moderna’s Opposition.
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`Specifically, Moderna’s Opposition and Exhibits G and H contain Moderna confidential
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`information. These documents reflect Moderna business information regarding Moderna’s
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`COVID-19 vaccine.
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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 Moderna’s Opposition and Exhibits G and H 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 211-2 Filed 02/02/24 Page 4 of 6 PageID #: 14411
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`4.
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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. Specifically,
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`confidential Moderna information is not to be disclosed outside of Moderna except under
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`confidentiality agreement and when necessary. Documents containing such information may be
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`marked as confidential or otherwise indicate they contain restricted or sensitive information.
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`Internal to Moderna, employee access to commercially sensitive and trade secret information is
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`often restricted on a need-to-know basis, as determined by a person’s group or role on a project.
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`Moderna has been extremely concerned about the protection of its confidential information during
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`this litigation and has been very careful to always protect this information.
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`5.
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`Moderna’s proposed redactions seek to seal portions of Moderna’s Opposition and
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`Exhibits G and H, which refer to, quote, summarize, or otherwise disclose Moderna’s sensitive
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`and confidential technical information. Specifically, the information on the following pages of
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`Moderna’s Opposition and Exhibits disclose specific information concerning the composition of
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`Moderna’s COVID-19 Vaccine, Moderna’s sensitive material contained in confidential foreign
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`customer contracts:
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`• Moderna’s Opposition at page 2, lines 27-30;
`• Exhibit G at page 6, lines 17-20;
`• Exhibit H at page 1, lines 1-35; page 2, lines 1-53.
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`6.
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`The information within Moderna’s Opposition and Exhibits G and H that Moderna
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`proposes redacting is confidential and sensitive information that Moderna does not disclose
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`publicly, which it wishes to remain confidential. There is significant competition between
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`2
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`Case 1:22-cv-00252-MSG Document 211-2 Filed 02/02/24 Page 5 of 6 PageID #: 14412
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`established vaccine suppliers, including suppliers with mRNA-based vaccines. Additionally, there
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`are companies considering entering the vaccine market and companies developing mRNA-based
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`vaccines and therapeutics for other diseases or developing lipid nanoparticles for mRNA-based
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`products. Because there are so few competitors in these markets, the markets are highly
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`competitive, and any information about one of the competitors, even seemingly minor information,
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`may prove competitively advantageous. The release of such information to the public, including
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`Moderna’s competitors, would significantly harm Moderna.
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`7.
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`With respect to the information contained in Moderna’s contracts with foreign third
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`parties, Moderna owes a duty of confidentiality to these third parties which would require notice
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`to each third party prior to public disclosure. These third parties include primarily foreign
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`governments. Publicly revealing terms of the contracts with third parties could cause harm to
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`Moderna’s relationship with these third parties and give unfair advantage to competitors.
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`3
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`Case 1:22-cv-00252-MSG Document 211-2 Filed 02/02/24 Page 6 of 6 PageID #: 14413
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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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`Executed on this January 25, 2024
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`Respectfully submitted,
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`/s/ Dan Staner
`Dan Staner
`VP, & General Manager, Switzerland,
`Germany & Middle East
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`4
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