Case 1:22-cv-00252-MSG Document 291 Filed 04/26/24 Page 1 of 4 PageID #: 16767
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Plaintiffs,
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`
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`v.
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`ARBUTUS BIOPHARMA CORPORATION
`and GENEVANT SCIENCES GmbH,
`
`
`
`
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`MODERNA, INC. and MODERNATX, INC.
`
`Defendants.
`
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`MODERNA, INC. and MODERNATX, INC.,
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`C.A. No. 22-252 (MSG)
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`Counterclaim-Plaintiffs,
`
`
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`v.
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`ARBUTUS BIOPHARMA CORPORATION
`and GENEVANT SCIENCES GmbH,
`
`
`Counterclaim-Defendants.
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`STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME
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`WHEREAS, the parties wish to avoid burdening the Court with a series of motions to seal
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`in support of various recent and forthcoming sealed filings and have conferred on the instant
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`Stipulation to allow for the filing of a single omnibus motion to seal the various submissions
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`outlined below;
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`WHEREAS, Plaintiffs Arbutus Biopharma Corporation and Genevant Sciences GmbH
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`(“Plaintiffs”) filed their Letter Brief in Support of Plaintiffs’ Motion for Leave to Amend
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`Complaint and the exhibits thereto (collectively, “Plaintiffs’ Motion to Amend”) under seal on
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`April 17, 2024 (D.I. 278);
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`WHEREAS, pursuant to the Stipulation and Order Regarding Sealed Filings (D.I. 155) and
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`the Stipulation and Order (D.I. 282), the deadline to file a motion to seal as to Plaintiffs’ Motion
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`to Amend is presently April 29, 2024;
`
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`Plaintiffs,
`
`
`
`v.
`
`ARBUTUS BIOPHARMA CORPORATION
`and GENEVANT SCIENCES GmbH,
`
`
`
`
`
`MODERNA, INC. and MODERNATX, INC.
`
`Defendants.
`
`
`MODERNA, INC. and MODERNATX, INC.,
`
`
`
`
`
`
`
`C.A. No. 22-252 (MSG)
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Counterclaim-Plaintiffs,
`
`
`
`v.
`
`
`ARBUTUS BIOPHARMA CORPORATION
`and GENEVANT SCIENCES GmbH,
`
`
`Counterclaim-Defendants.
`
`STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME
`
`WHEREAS, the parties wish to avoid burdening the Court with a series of motions to seal
`
`in support of various recent and forthcoming sealed filings and have conferred on the instant
`
`Stipulation to allow for the filing of a single omnibus motion to seal the various submissions
`
`outlined below;
`
`WHEREAS, Plaintiffs Arbutus Biopharma Corporation and Genevant Sciences GmbH
`
`(“Plaintiffs”) filed their Letter Brief in Support of Plaintiffs’ Motion for Leave to Amend
`
`Complaint and the exhibits thereto (collectively, “Plaintiffs’ Motion to Amend”) under seal on
`
`April 17, 2024 (D.I. 278);
`
`WHEREAS, pursuant to the Stipulation and Order Regarding Sealed Filings (D.I. 155) and
`
`the Stipulation and Order (D.I. 282), the deadline to file a motion to seal as to Plaintiffs’ Motion
`
`to Amend is presently April 29, 2024;
`
`
`
`
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`Case 1:22-cv-00252-MSG Document 291 Filed 04/26/24 Page 2 of 4 PageID #: 16768
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`
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`WHEREAS, pursuant to the Stipulation and Order Regarding Sealed Filings (D.I. 155) and
`
`the Stipulation and Order (D.I. 289) the deadline for Moderna to file its response to Plaintiffs’
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`Motion to Amend is presently April 26, 2024, but may be subject to further extension between the
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`parties in an effort to resolve certain disputes, which would dictate the timing to file a motion to
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`seal as to Moderna’s response to Plaintiffs’ Motion to Amend;
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`WHEREAS, Plaintiffs filed their Letter Brief in Support of Plaintiffs’ Motion to Compel
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`and the exhibits thereto (collectively, “Plaintiffs’ Motion to Compel Bancel Documents”) under
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`seal on April 23, 2024 (D.I. 285);
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`WHEREAS, pursuant to the Stipulation and Order Regarding Sealed Filings (D.I. 155), the
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`deadline for Moderna to file its response to Plaintiffs’ Motion to Compel Bancel Documents is
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`presently April 29, 2024;
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`WHEREAS, pursuant to the Stipulation and Order Regarding Sealed Filings (D.I. 155), the
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`deadline to file a motion to seal to Plaintiffs’ Motion to Compel Bancel Documents is April 26,
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`2024, and the deadline to file a motion to seal Moderna’s response to Plaintiffs’ Motion to Compel
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`Bancel Documents is May 2, 2024;
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`WHEREAS, pursuant to the Stipulation and Order Regarding Sealed Filings (D.I. 155) and
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`the Stipulation and Order to Extend Time (D.I. 280), Plaintiffs filed their Motion to Compel
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`Regarding 30(b)(6) Topics and exhibits thereto (collectively, “Plaintiffs’ 30(b)(6) Motion to
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`Compel”) under seal on April 24, 2024 (D.I. 287);
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`WHEREAS, pursuant to the Stipulation and Order Regarding Sealed Filings (D.I. 155), the
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`deadline for Moderna to file its response to Plaintiffs’ 30(b)(6) Motion to Compel is presently May
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`1, 2024;
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`2
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`Case 1:22-cv-00252-MSG Document 291 Filed 04/26/24 Page 3 of 4 PageID #: 16769
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`
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`WHEREAS, pursuant to the Stipulation and Order Regarding Sealed Filings (D.I. 155), the
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`deadline to file a motion to seal to Plaintiff’s 30(b)(6) Motion to Compel is April 29, 2024 and the
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`deadline to file a motion to seal Moderna’s response to Plaintiffs’ 30(b)(6) Motion to Compel is
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`May 6, 2024;
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`WHEREAS, to minimize the burden on the Court and to allow sufficient time for the parties
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`to coordinate and prepare redactions and declarations in support of any motion to seal, the parties
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`have agreed, subject to the Court’s approval, to the filing of one omnibus motion to seal any of the
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`letter briefs, and their respective exhibits, associated with: (1) Plaintiffs’ Motion to Amend
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`(including the amended complaint (D.I. 278, Ex. N); (2) Plaintiffs’ Motion to Compel Bancel
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`Documents; and (3) Plaintiffs’ 30(b)(6) Motion to Compel1.
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`NOW THEREFORE, the parties stipulate and agree, subject to the approval of the Court,
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`that the deadlines to file a motion to seal the letter briefs associated with (1) Plaintiffs’ Motion to
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`Amend; (2) Plaintiffs’ Motion to Compel Bancel Documents; and (3) Plaintiffs’ 30(b)(6) Motion
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`to Compel shall be extended until May 14, 2024, on which date the parties shall file a single
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`omnibus motion to seal the aforementioned submissions.
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`IT IS FURTHER ORDERED, that if the Court grants Plaintiffs’ Motion to Amend, the
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`Amended Complaint shall be filed under seal and Moderna shall file any motion to seal within
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`three (3) business days from the date it is docketed. If no motion to seal is required, Moderna shall
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`notify the Court that the Amended Complaint can be unsealed.
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`1 The United States government may also move to seal third-party confidential material in one
`or more of the letter briefs, and their exhibits, filed in connection with these motions.
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`3
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`Case 1:22-cv-00252-MSG Document 291 Filed 04/26/24 Page 4 of 4 PageID #: 16770
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`SHAW KELLER LLP
`
`/s/ Nathan R. Hoeschen
`
`
`
`
`John W. Shaw (#3362)
`Karen E. Keller (#4489)
`Nathan R. Hoeschen (#6232)
`Emily S. DiBenedetto (#6779)
`I.M. Pei Building
`1105 North Market Street, 12th Floor
`Wilmington, DE 19801
`(302) 298-0700
`jshaw@shawkeller.com
`kkeller@shawkeller.com
`nhoeschen@shawkeller.com
`edibenedetto@shawkeller.com
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`Attorney for Plaintiffs
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
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`/s/ Travis J. Murray
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`Jack B. Blumenfeld (#1014)
`Brian P. Egan (#6227)
`Travis J. Murray (#6882)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@morrisnichols.com
`began@morrisnichols.com
`tmurray@morrisnichols.com
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`Attorneys for Defendants
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`SO ORDERED this ______ day of _________________, 2024.
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`UNITED STATES DISTRICT JUDGE
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`4
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