Case 1:22-cv-00252-MSG Document 316-1 Filed 05/13/24 Page 1 of 7 PageID #: 17920
`Case 1:22-cv-00252-MSG Document 316-1 Filed 05/13/24 Page 1 of 7 PagelD #: 17920
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`EXHIBIT A
`EXHIBIT A
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`Case 1:22-cv-00252-MSG Document 316-1 Filed 05/13/24 Page 2 of 7 PagelD #: 17921
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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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`MODERNA,INC, and MODERNATX,INC.
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`Defendants.
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`Counterclaim-Plaintiffs,
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`Y.
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`ARBUTUS BIOPHARMA CORPORATION
`and GENEVANT SCIENCES GmbH,
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`Counterclaim-Defendants.
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`Nie”ie”Met”Snel”centage”“nce”“acpeet”Sage”“aera!”inset”Mine”Sine!”eeenee!nee”Seat”eet”
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`“MODERNA,INC.andMODERNATX,INC.,
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`DECLARATION OF DON PARSONS
`IN SUPPORT OF DEFENDANTS’ MOTION TO SEAL
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`Case 1:22-cv-00252-MSG Document 316-1 Filed 05/13/24 Page 3 of 7 PagelD #: 17922
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`I, Don Parsons, hereby declare as follows:
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`1.
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`Iam Vice President of Delivery Science and Development at ModernaTX, Inc.
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`(hereinafter, “Moderna”), In this role, I am familiar with Moderna’s technical research and
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`development information. I am familiar with the fact that Moderna maintains this information as
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`confidential,' and I am familiar with the extensive efforts Moderna takes to protectits confidential
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`information, I have personal knowledgeofthe facts stated in this declaration or have become aware
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`of such facts through my role at Moderna.If called uponto testify, I could and would competently
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`testify 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 technical information confidential, and the serious harm that would result to Moderna
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`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 mMRNA-
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`1273 or “SpikeVax.” SpikeVax is comprised of messenger RNA (mRNA) which is encased in
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`lipid nanoparticles (LNPs). Moderna’s proprietary LNP is comprised of four lipid components
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`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 proposesto
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`redact from Plaintiffs’ Amended Complaint for Patent Infringement (D.1. 301) (“Amended
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`Complaint’), Specifically, paragraphs 56-58, 77-78, 98-99, 119-120, 143-144, 169-170, and
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`Tunderstand that the Protective Order in this case (D.L 91) includes two categories ofProtected
`Material: “Confidential” and “Highly Confidential — Outside Counsel’s Eyes Only.” I
`understand that Plaintiffs’ amended complaint
`includes “Highly Confidential — Outside
`Counsel’s Eyes Only” information. For the purposes ofthis declaration, I have used the term
`“confidential” to cover this category, which should not be disclosed to the public for the
`reasons explained herein.
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`Case 1:22-cv-00252-MSG Document 316-1 Filed 05/13/24 Page 4 of 7 PagelD #: 17923
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`190-191 contain Moderna confidential
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`information. These paragraphs
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`reflect Moderna
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`confidential technical and business 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 ofits
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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 howtotreat 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 aboutthe protectionofits confidential information during
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`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 the Amended Complaint
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`which refer to, quote, summarize, or otherwise disclose Moderna’s sensitive and confidential
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`technical information. Specifically, the information in paragraphs 56-58, 78, 79, 97, 98, 119, 120,
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`143, 144, 169, 170, 190, and 191 discloses specific information concerning the composition of
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`Moderna’s COVID-19 Vaccine and Moderna’s proprietary and trade secret manufacturing
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`methods for its COVID-19 Vaccine including steps in the manufacturing process and parameters
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`for those steps.
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`7.
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`The information within paragraphs 56—58, 77-78, 98-99, 119-120, 143-144, 169-
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`170, and 190-191 that Moderna proposes redacting is confidential and sensitive information that
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`Case 1:22-cv-00252-MSG Document 316-1 Filed 05/13/24 Page 5 of 7 PagelD #: 17924
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`Moderna does not disclose publicly, which it wishes to remain confidential. There is significant
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`competition between established vaccine suppliers,
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`including suppliers with mRNA-based
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`vaccines. Additionally,
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`there are companies considering entering the vaccine market and
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`companies developing mRNA-based vaccines and therapeutics for other diseases or developing
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`LNPs for mRNA-based products. Because there are so few competitors in these markets, the
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`markets are highly competitive, and any information about one ofthe competitors, even seemingly
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`minor information, may prove competitively advantageous. Moderna has spent significant
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`resources to develop its formulation and manufacturing methods, and the release of such
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`information to the public, including Moderna’s competitors, would significantly harm Moderna.
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`8.
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`With respect to Moderna’s formulation, Modernaconsidersits precise formulation,
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`including the quantities of ingredients, a trade secret, which is not public knowledge.
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`9.
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`With respect
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`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 notpublicly disclosed its proprietary manufacturing process.
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`10.
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`Based on my personal knowledge and experience in the pharmaceutical business,I
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`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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`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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`Case 1:22-cv-00252-MSG Document 316-1 Filed 05/13/24 Page 6 of 7 PagelD #: 17925
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`in creating their own business strategies, which would put Modernaat a significant competitive
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`disadvantage, causing it real and serious harm. Moderna’s competitors may also seek patent claims
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`to cover Moderna’s technology.
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`T 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 May 8, 2024
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`Res
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`lly
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`itted,
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`Don Parsons
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`Case 1:22-cv-00252-MSG Document 316-1 Filed 05/13/24 Page 7 of 7 PagelD #: 17926
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