`Case 1:22-cv-00252-MSG Document 211-8 Filed 02/02/24 Page 1 of 6 PagelD #: 14439
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` EXHIBIT F
`EXHIBIT F
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`Case 1:22-cv-00252-MSG Document 211-8 Filed 02/02/24 Page 2 of 6 PageID #: 14440
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`PHILIP N. HAUNSCHILD
`(202) 434-5979
`phaunschild@wc.com
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`October 19, 2023
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`HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY
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`Via Email
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`Mark C. McLennan
`KIRKLAND & ELLIS LLP
`601 Lexington Avenue
`New York, NY 10022
`(212) 909-3451
`mark.mclennan@kirkland.com
`
`
`Re:
`
`Arbutus Biopharma Corporation and Genevant Sciences GmbH v. Moderna, Inc.
`and ModernaTX, Inc., Case 1:22-cv-00252-MSG (D. Del.)
`
` Dear Mark:
`
` We write in response to Moderna’s September 7, 2023 letter regarding Plaintiffs’
`responses to Moderna’s First Set of Interrogatories (Nos. 1–7) and First Set of RFPs (Nos. 1–100).
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`I.
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`Plaintiffs’ Interrogatory Responses
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`A. Interrogatory No. 3
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`Case 1:22-cv-00252-MSG Document 211-8 Filed 02/02/24 Page 3 of 6 PageID #: 14441
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`October 19, 2023
`Page 2 of 10
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`HIGHLY CONFIDENTIAL
`OUTSIDE COUNSEL’S EYES ONLY
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`II.
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`Plaintiffs’ RFP Responses
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`A. General Issues
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`Third-Party Confidentiality: As we have noted in our October 10, 2023 email, Plaintiffs
`intend to redact third-party confidential information that is otherwise not responsive or relevant to
`the subjects in dispute, or the categories of documents that Plaintiffs have agreed to produce.
`Moderna has requested, and Plaintiffs have agreed to produce, documents spanning decades of
`work, across at least five different companies, and Plaintiffs and their predecessors have entered
`into hundreds of agreements that contain confidentiality obligations over that period of time.
`Plaintiffs do not intend to engage in an unnecessary and unduly burdensome exercise of obtaining
`disclosure from every party whose otherwise irrelevant information appears in documents that
`Plaintiffs have agreed to produce. As evidenced by at least Moderna’s search terms and Plaintiffs’
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`Case 1:22-cv-00252-MSG Document 211-8 Filed 02/02/24 Page 4 of 6 PageID #: 14442
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`October 19, 2023
`Page 3 of 10
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`response to Moderna’s Interrogatory No. 3, Plaintiffs have already identified implicated third
`parties and Moderna is aware of them. To the extent that Moderna has specific questions regarding
`any redactions, Plaintiffs are willing to discuss such redactions with Moderna.
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`HIGHLY CONFIDENTIAL
`OUTSIDE COUNSEL’S EYES ONLY
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`Case 1:22-cv-00252-MSG Document 211-8 Filed 02/02/24 Page 5 of 6 PageID #: 14443
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`October 19, 2023
`Page 4 of 10
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`B. Specific RFP Responses
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`HIGHLY CONFIDENTIAL
`OUTSIDE COUNSEL’S EYES ONLY
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` as
`RFP No. 2. Plaintiffs have agreed to produce
` These
`defined in prior correspondence, in addition to the
`categories of documents are more than sufficient to satisfy Moderna’s asserted bases of relevance
`in requesting these documents. Given the number of Plaintiffs’ third-party collaborators and
`Plaintiffs’ corresponding obligations of confidentiality, Moderna’s request to go beyond the broad
`categories Plaintiffs have already agreed to produce is not a proportional means to seek relevant
`information to the disputed issues in this case, particularly given that the approach to licensing
`from Arbutus and other predecessors does not define Genevant’s licensing approach, for which
`Plaintiffs have agreed to produce relevant documents. Further, as identified in Plaintiffs’ separate
`correspondence regarding the search terms that Plaintiffs are using for their search, Plaintiffs are
`conducting a search for documents that hit on the designated terms for each of the patents-in-suit
`(Search Term I-11). To the extent that documents identified during this search are responsive to a
`category of documents that Plaintiffs have already agreed to produce, Plaintiffs will be doing so.
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`Case 1:22-cv-00252-MSG Document 211-8 Filed 02/02/24 Page 6 of 6 PageID #: 14444
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`HIGHLY CONFIDENTIAL
`OUTSIDE COUNSEL’S EYES ONLY
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`October 19, 2023
`Page 10 of 10
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`Sincerely,
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`Philip N. Haunschild
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`cc: Counsel of Record
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