Case 1:22-cv-00252-MSG Document 361-1 Filed 06/21/24 Page 1 of 6 PageID #: 21773
`Case 1:22-cv-00252-MSG Document 361-1 Filed 06/21/24 Page 1 of 6 PagelD #: 21773
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`EXHIBIT A
`EXHIBIT A
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`Case 1:22-cv-00252-MSG Document 361-1 Filed 06/21/24 Page 2 of 6 PageID #: 21774
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`Case 1:22-cv-00252-MSG Document 361-1 Filed 06/21/24 Page 2 of 6 PagelD #: 21774
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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 GENEVANTSCIENCES GmbH,
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`Plaintiffs,
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`MODERNA,INC. and MODERNATX,INC.
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`Defendants.
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`MODERNA,INC. and MODERNATX,INC.,
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`Counterclaim-Plaintiffs,
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`ARBUTUS BIOPHARMA CORPORATION
`and GENEVANT SCIENCES GmbH,
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`Counterclaim-Defendants.
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`NeOOTNeaeaeaSae
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`DECLARATION OF CHANTAL FRIEBERTSHAEUSER
`IN SUPPORT OF MODERNA’S MOTION TO SEAL
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`Case 1:22-cv-00252-MSG Document 361-1 Filed 06/21/24 Page 3 of 6 PageID #: 21775
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`I, Chantal Friebertshdeuser, hereby declare as follows:
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`I am Senior Vice President, General Manager - EMEAC at Moderna Switzerland
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`GmbH(hereinafter, “Moderna”). In this role, I am familiar with Moderna’s supply agreements.I
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`am familiar with the fact that Moderna maintains this information as confidential,! and I am
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`familiar with the extensive efforts Moderna takes to protect its confidential information. I have
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`personal knowledgeof the facts stated in this declaration or have become aware of such facts
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`through my role at Moderna.If called upon to testify, I could and would competently testify
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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 onthe public record. I discuss below how and why Moderna
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`keeps certain information confidential, and the serious harm that would result to Moderna from
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`disclosure of this information to Moderna’s competitors.
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`I have been provided and have reviewed the information that Modernaproposesto
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`redact from Plaintiffs’ Motion to Compel (D.I. 331) (“Plaintiffs’ Motion”) and Moderna’s
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`Opposition to Plaintiffs’ Motion to Compel (D.I. 345) (“Moderna’s Opposition”), as well as
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`supporting documents. Specifically, Plaintiffs’ Motion and Exhibits 2-3 and 5-15 thereto as well
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`as Moderna’s Opposition and Exhibits B and C thereto contain Moderna confidential information.
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`These documents reflect Moderna highly sensitive business information regarding Moderna’s
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`COVID-19 vaccine.
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`|. ynderstandthat the Protective Orderin this case (D.I. 91) includes two categories of Protected
`Material: “Confidential” and “Highly Confidential — Outside Counsel’s Eyes Only.” I
`understand that Plaintiffs’ Motion and Exhibits 2-3 and 5-15 thereto as well as Moderna’s
`Opposition and Exhibits B andCthereto include both categories of Protected Material. For the
`purposes ofthis declaration, I have used the term “confidential” to cover both categories,
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`It is critical to Moderna that the Court maintain under seal Moderna’s confidential
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`information. Moderna hasalways taken extensive measures to maintain the confidentiality of its
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`business and technical information, including by implementing proceduresthatrestrict access to
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`sensitive information even within Moderna. Employees have confidentiality obligationsas part of
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`their employment and are provided guidance regarding how to treat sensitive information.
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`Specifically, confidential Moderna information is not to be disclosed outside of Moderna except
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`underconfidentiality agreement and when necessary. Documents containing such information may
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`be 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-knowbasis, as determined by a person’s group orrole onaproject.
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`Modernahas been extremely concerned aboutthe protection ofits confidential information during
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`this litigation and has been very careful to always protectthis information.
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`Moderna’s proposed redactions seek to seal portions of Plaintiffs’ Motion and
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`Exhibits 2-3 and 5-15 thereto as well as Moderna’s Opposition and Exhibits B and C thereto, which
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`refer to, quote, summarize, or otherwise disclose Moderna’s highly sensitive and confidential
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`business and technical
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`information. Specifically,
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`the information on the following pages of
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`Plaintiffs’ Motion and Exhibits 2-3 and 5-15 thereto and Moderna’s Opposition and Exhibits B
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`and C thereto disclose specific information concerning Moderna’s sensitive material contained in
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`confidential foreign customer contracts and the composition of Moderna’s COVID-19 Vaccine:
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`Plaintiffs’ Motion at page 1, line 28; page 2, lines 2-25, 42; page3, line 35;
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`e Exhibit 2 at page 1, lines 28, 31-32; page 2, lines 5-16, 19-21, 23-29, 36-38; page 3,
`lines 6, 18, 23-24, 30-33; page 4, lines 1-7, 11;
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`e Exhibit 3 at page 1, lines 23-30;
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`e Exhibit 5 at page6, lines 11-14; page 8, lines 2,4-6; page 9,lines 20-23; page 10,
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`lines 12-19; page 18, lines 19-23; page 19, lines 1-2; page 20, lines 10-14, 22-23;
`page 21, lines 8-23; page 22, lines 1-14, 19-23; page 23, lines 12-17;
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`e Exhibits 6-12, 14 in full;
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`e Exhibit 13 at page 1, line 8; page 2, lines 11-30; page 3, lines 1-20, 23, 35;
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`e Exhibit 15 at page 5, lines 14, 18, and 22; page 6,line 16;
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`e Moderna’s Opposition at page 2, lines 6, 20-32, 36-37, 42-44; page 3, lines 10-11, 31-
`35:
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`e Exhibit B at page 3, lines 27-30; and
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`e Exhibit C at page 3, lines 32-34.
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`The information within Plaintiffs’ Motion and Exhibits 2-3 and 5-15 thereto as well
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`as Moderna’s Opposition and Exhibits B and C thereto that Moderna proposes redacting is
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`confidential and sensitive information that Moderna doesnotdisclose 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 with 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 lipid nanoparticles for mRNA-based products. Because there are
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`so few competitors in these markets, the markets are highly competitive, and any information about
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`one of the competitors, even seemingly minor
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`information, may prove competitively
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`advantageous. Therelease of such information to the public, including Moderna’s competitors,
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`would significantly harm Moderna.
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`With respect to the information contained in Moderna’s contracts with foreign third
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`parties, Moderna owes a duty of confidentiality to these third parties which would require notice
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`to each third party prior to public disclosure. These third parties include primarily foreign
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`governments. Publicly revealing terms of the contracts with third parties could cause harm to
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`Case 1:22-cv-00252-MSG Document 361-1 Filed 06/21/24 Page 6 of 6 PageID #: 21778
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`Case 1:22-cv-00252-MSG Document 361-1 Filed 06/21/24 Page 6 of 6 PagelD #: 21778
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`[ declare under penalty of perjury under the laws of the United States of Americathat the
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`foregoingis true and correct to the best of my knowledge.
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`Executed on this June 13, 2024
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`Respectfully submitted,
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`isi Ne
`Chantal Friebertshauser
`Senior Vice President, General Manager-
`EMEAC
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