`Case 1:22-cv-00252-MSG Document 325-1 Filed 05/20/24 Page 1 of 6 PagelD #: 19499
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`EXHIBIT A
`EXHIBIT A
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`Case 1:22-cv-00252-MSG Document 325-1 Filed 05/20/24 Page 2 of 6 PagelD #: 19500
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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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`y
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`MODERNA,INC. and MODERNATX,INC.
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`Defendants.
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`Counterclaim-Plaintiffs,
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`vy.
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`ARBUTUS BIOPHARMA CORPORATION
`and GENEVANT SCIENCES GmbH,
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`Counterclaim-Defendants.
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`Naeree”mae!Neat!Sime!meme”Sener”“miseries”Senet”nant!Smee!Nome!Senpmne!”SeelSnuiel”NeelMeet”
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`~“MODERNA,ING.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 325-1 Filed 05/20/24 Page 3 of 6 PagelD #: 19501
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`I, Don Parsons, hereby declare as follows:
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`1,
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`I am 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 upontotestify, 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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`T understandthis case relates to Moderna’s COVID-19 Vaccine, known as mRNA-
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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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`Ihave been provided and have reviewed the information that Moderna proposes to
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`redact from Plaintiffs’ Letter Brief in Support ofPlaintiffs’ Motion for Leave to Amend Complaint
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`and the exhibits thereto (collectively, “Plaintiffs’ Motion to Amend”) (D.I. 278) and Moderna’s
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`|
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`| understandthat the Protective Order in this case (D.I. 91) includes two categories ofProtected
`Material: “Confidential” and “Highly Confidential — Outside Counsel’s Eyes Only.” I
`understand that the documents implicated by Moderna’s motion to seal include “Confidential”
`and “Highly Confidential - Outside Counsel’s Eyes Only” information. For the purposes of
`this declaration, I have used the term “confidential” to cover both categories, both of which
`should not be disclosed to the public for the reasons explained herein.
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`Case 1:22-cv-00252-MSG Document 325-1 Filed 05/20/24 Page 4 of 6 PagelD #: 19502
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`Opposition to Plaintiffs’ 30(b)(6) Motion to Compel and the exhibit
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`thereto (collectively,
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`“Moderna’s 30(b)(6) Opposition”) (D.I, 302). Specifically, Plaintiffs’ Motion to Amend and
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`Exhibits A-D, F, J, and M—N and Exhibit 14 to Moderna’s 30(b)(6) Opposition contain Moderna
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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. 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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`6.
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`Moderna’s proposed redactions seek to seal portions of Plaintiffs’ Motion to
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`Amendand Exhibits A-D, F, J, and M—N and Exhibit 14 to Moderna’s 30(b)(6) Opposition which
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`refer to, quote, summarize, or otherwise disclose Moderna’s sensitive and confidential technical
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`information. Specifically,
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`the following pages of the Motion and Exhibits disclose specific
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`information concerning the composition of Moderna’s COVID-19 Vaccine and Moderna’s
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`Case 1:22-cv-00252-MSG Document 325-1 Filed 05/20/24 Page 5 of 6 PagelD #: 19503
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`proprietary and trade secret manufacturing methods for its COVID-19 Vaccine including steps in
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`the manufacturing process and parameters for those steps:
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`Plaintiffs’ Motion to Amend, page 1;
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`Plaintiffs’ Motion to Amend, Ex. A, pages 3-4, 6-7;
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`Plaintiffs’ Motion to Amend, Ex. B, pages 1--3;
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`Plaintiffs’ Motion to Amend, Ex. C, page 2;
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`Plaintiffs’ Motion to Amend, Ex. D, pages 3-4;
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`Plaintiffs’ Motion to Amend, Ex.F, page 5;
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`Plaintiffs’ Motion to Amend, Ex. J, pages 3-4, 6;
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`Plaintiffs’ Motion to Amend, Ex. M, paragraphs 56-58, 77-78, 98-99, 119-120,
`143-144, 169-170, 190-191;
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`Plaintiffs’ Motion to Amend, Ex. N, paragraphs 56-58, 77-78, 98-99, 119-120, 143-
`144, 169-170, 190-191; and
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`Moderna’s 30(b)(6) Opposition, Exhibit 14, pages 1-4.
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`7.
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`The information within these documents that Moderna proposes redacting is
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`confidential and sensitive information that Moderna does not disclose publicly, which it wishes to
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`remain confidential. There is significant competition between established vaccine suppliers,
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`including suppliers of 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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`Case 1:22-cv-00252-MSG Document 325-1 Filed 05/20/24 Page 6 of 6 PagelD #: 19504
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`8.
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`With respect to Moderna’s formulation, Moderna considersits 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 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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`19.
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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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`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 mayalso seek patent claims
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`to cover Moderna’s technology.
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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 May 13, 2024
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`Res
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`submitted,
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`‘sf
`Don Parsons
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