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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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`MODERNA, INC. and MODERNATX, INC.
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`Defendants.
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`MODERNA, INC. and MODERNATX, INC.,
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`Plaintiffs,
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`v.
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`Counterclaim-Plaintiffs,
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`v.
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`ARBUTUS BIOPHARMA CORPORATION
`and GENEVANT SCIENCES GmbH,
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`Counterclaim-Defendants.
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`STIPULATION TO EXTEND TIME
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`WHEREAS, on June 20, 2024, the Court granted Plaintiffs leave to extend the discovery
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`period to July 17, 2024 solely to permit Plaintiffs to serve subpoenas on various third-party
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`manufacturers (D.I. 355);
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`WHEREAS, Plaintiffs subsequently served subpoenas on four of the manufacturers located
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`in the United States (D.I. 380-383);
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`WHEREAS, the parties previously stipulated to extend the deadline for the completion of
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`fact discovery related to the subpoenas to Lonza Biologics, Inc., Catalent Indiana, LLC; Patheon
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`Manufacturing Services, LLC, and Baxter Pharmaceutical Solutions, LLC through August 23,
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`2024;
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`Case 1:22-cv-00252-MSG Document 402 Filed 08/23/24 Page 2 of 3 PageID #: 22562
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`WHEREAS, these third parties have not yet completed production but are continuing to
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`meet and confer with Plaintiffs regarding the production of responsive documents;
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`WHEREAS, pursuant to D. Del. LR 16.4, counsel certifies that copies of this stipulation
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`have been sent to their respective clients;
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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 for the completion of fact discovery relating to the subpoenas to Lonza
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`Biologics, Inc., Catalent Indiana, LLC; Patheon Manufacturing Services, LLC, and Baxter
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`Pharmaceutical Solutions, LLC is extended through and including September 27, 2024. No other
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`deadlines are affected by this stipulation
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`2
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`Case 1:22-cv-00252-MSG Document 402 Filed 08/23/24 Page 3 of 3 PageID #: 22563
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`SHAW KELLER LLP
`
`/s/ Nathan R. Hoeschen
`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
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`Attorney for Plaintiffs
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
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`/s/ Brian P. Egan
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`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
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`Attorneys for Defendants
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`August 23, 2024
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`SO ORDERED this ___ day of August 2024
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`_____________________
`U.S.D.J
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`3
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