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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF DELAWARE
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`ARBUTUS BIOPHARMA CORPORATION
`and GENEVANT SCIENCES GmbH,
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`Plaintiffs,
`
`v.
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`MODERNA, INC. and MODERNATX, INC.
`
`Defendants.
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`)
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`C.A. No. 22-252-MSG
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`
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`MOTION TO SEAL EXHIBIT 1 TO
`MODERNA’S MOTION TO COMPEL (D.I. 341)
`
`Pursuant to the Protective Order (D.I. 91) as modified by the Court’s November 14, 2023
`
`Order (D.I. 155), Plaintiffs respectfully move this Court for an order granting leave to redact
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`Exhibit 1 to Moderna’s Letter regarding its Motion to Compel discovery from Plaintiffs and
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`Roivant Sciences Ltd. (D.I. 341). This document is a confidential email and attachment between
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`executives at Arbutus and Roivant, with an attachment containing a third-party analysis of
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`litigation and business opportunity, and its disclosure would work a clearly defined and serious
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`injury on Plaintiffs. Defendants do not oppose this motion.
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`This document was previously filed in connection with an earlier motion to compel. D.I.
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`223, Ex. J. Plaintiffs moved for leave to redact the document in that instance as well, and the Court
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`granted the motion. D.I. 245. Accordingly, Plaintiffs rely on the previously filed briefing at D.I.
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`242, and the related declaration of Christopher Natzger (D.I. 242-2) in support of this motion.
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`WHEREFORE, Plaintiffs respectfully request that the Court grant this motion and enter
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`the attached order permitting Plaintiffs to file a version of D.I. 341 which redacts Ex. 1 in its
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`entirety.
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`
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`Case 1:22-cv-00252-MSG Document 356 Filed 06/20/24 Page 2 of 2 PageID #: 21209
`
`OF COUNSEL:
`David I. Berl
`Adam D. Harber
`Thomas S. Fletcher
`Jessica Palmer Ryen
`Shaun P. Mahaffy
`Jihad J. Komis
`Anthony H. Sheh
`Matthew W. Lachman
`Ricardo Leyva
`Philip N. Haunschild
`Falicia Elenberg
`Kathryn Larkin
`WILLIAMS & CONNOLLY LLP
`680 Maine Avenue S.W.
`Washington, DC 20024
`(202) 434-5000
`Attorneys for Plaintiff Genevant
`Sciences GmbH
`
`Daralyn J. Durie
`Adam R. Brausa
`Eric C. Wiener
`Annie A. Lee
`Shaelyn K. Dawson
`MORRISON & FOERSTER LLP
`425 Market Street
`San Francisco, CA 94105-2482
`(415) 268-6080
`
`Kira A. Davis
`MORRISON & FOERSTER LLP
`707 Wilshire Boulevard
`Los Angeles, CA 90017-3543
`(213) 892-5200
`
`David N. Tan
`MORRISON & FOERSTER LLP
`2100 L Street, NW, Suite 900
`Washington, DC 20037
`(202) 887-1500
`Attorneys for Plaintiff Arbutus
`Biopharma Corporation
`
`Dated: June 20, 2024
`
`/s/ Nathan R. Hoeschen
`John W. Shaw (No. 3362)
`Karen E. Keller (No. 4489)
`Nathan R. Hoeschen (No. 6232)
`Emily S. DiBenedetto (No. 6779)
`SHAW KELLER LLP
`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
`Attorneys for Plaintiffs
`
`2
`
`
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