`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 22-252 (MSG)
`
`ARBUTUS BIOPHARMA CORPORATION
`and GENEVANT SCIENCES GmbH,
`
`Plaintiffs,
`
`v.
`
`MODERNA, INC. and MODERNATX, INC.
`
`Defendants.
`MODERNA, INC. and MODERNATX, INC.,
`
`Counterclaim-Plaintiffs,
`
`v.
`
`ARBUTUS BIOPHARMA CORPORATION
`and GENEVANT SCIENCES GmbH,
`
`Counterclaim-Defendants.
`
`)
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`STIPULATION AND ORDER REGARDING THE PARTIES’ PRODUCTION
`OF LOBBYING AND OTHER NON-LOBBYING DOCUMENTS
`
`WHEREAS, on June 10, 2024, Defendants Moderna, Inc. and ModernaTX, Inc.
`
`(collectively, “Moderna”) filed a motion to compel Plaintiffs Arbutus Biopharma Corp. and
`
`Genevant Sciences GmbH (collectively, “Plaintiffs”) and third party Roivant Sciences Ltd. to
`
`produce certain lobbying documents (D.I. 341);
`
`WHEREAS, on June 11, 2024, Plaintiffs filed an opposition to Moderna’s motion to
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`compel and sought production of certain of Moderna’s non-lobbying communications with the
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`U.S. Government (D.I. 348);
`
`WHEREAS, the Court held a discovery dispute hearing on June 13, 2024;
`
`
`
`Case 1:22-cv-00252-MSG Document 377 Filed 07/08/24 Page 2 of 3 PageID #: 22508
`
`WHEREAS, on June 20, 2024, the Court ordered the parties to exchange lobbying
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`documents by June 30, 2024 (D.I. 355), which was later extended after the Court granted the
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`parties’ request extend the deadline to exchange lobbying documents to July 5, 2024 (D.I. 371);
`
`WHEREAS, on June 20, 2024, the Court ordered Moderna to produce certain non-
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`lobbying documents by July 4, 2024 (D.I. 355);
`
`WHEREAS, on June 27, 2024, Moderna filed a letter seeking clarification of the Court’s
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`June 20, 2024 Order as it pertains to Moderna’s production of non-lobbying documents (D.I.
`
`366);
`
`WHEREAS, the deadline to request re-argument of the Court’s June 20, 2024 Order under
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`Delaware Local Rule 7.1.5 is July 5, 2024;
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`NOW THEREFORE, the parties hereby stipulate and agree, subject to the approval of the
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`Court, that the deadline to request re-argument of the Court’s June 20, 2024 Order is hereby
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`extended to five business days following the Court’s resolution of Moderna’s request for
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`clarification.
`
`FURTHERMORE, Moderna will produce communications between Moderna and the
`
`U.S. Government concerning section 1498 and/or the Statement of Interest on July 5, 2024, but
`
`reserves all rights in the event that the Court’s determination regarding common interest is later
`
`modified (see D.I. 366 noting Moderna’s position on the June 20, 2024 Order).
`
`FURTHERMORE, the parties agree, subject to approval of the Court, if the Court clarifies
`
`that its July 20, 2024 Order to require production of non-lobbying documents beyond
`
`communications between Moderna and the U.S. Government concerning section 1498 and/or the
`
`Statement of Interest (i.e. extending to all communications concerning this lawsuit), Moderna’s
`
`2
`
`
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`Case 1:22-cv-00252-MSG Document 377 Filed 07/08/24 Page 3 of 3 PageID #: 22509
`
`deadline to produce such communications will be extended to 5 business days after the Court’s
`
`resolution of Moderna’s request for clarification or re-argument, whichever is later.
`
`SHAW KELLER LLP
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`/s/ Nathan R. Hoeschen
`
`/s/ Travis J. Murray
`
`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
`
`Attorneys for Plaintiffs
`
`July 5, 2024
`
`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
`
`Attorneys for Defendants
`
`July
`8th
`SO ORDERED this _____ day of __________________________ 2024.
`
`/s/ Mitchell S. Goldberg
`____________________________________
`UNITED STATES DISTRICT JUDGE
`
`3
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`
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