Case 3:23-cv-04200-ZNQ-TJB Document 13-3 Filed 10/13/23 Page 1 of 3 PageID: 785
`Case 3:23-cv-04200-ZNQ-TJB Document 13-3 Filed 10/13/23 Page 1 of 3 PagelD: 785
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`EXHIBIT A
`EXHIBIT A
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`Case 3:23-cv-04200-ZNQ-TJB Document 13-3 Filed 10/13/23 Page 2 of 3 PageID: 786
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`BY FEDERAL EXPRESS
`
`November 23, 2020
`
`Albert Bourla, DVM, Ph.D.
`Chairman and Chief Executive Officer
`Pfizer Inc.
`235 East 42nd Street
`New York, New York 10017
`
`Doug Lankler, Esq.
`Executive Vice President, General Counsel
`Pfizer Inc.
`235 East 42nd Street
`New York, New York 10017
`
`Re:
`
`Arbutus/Genevant LNP Technology and Intellectual Property
`
`Dear Dr. Bourla and Mr. Lankler:
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`We are writing on behalf of Genevant Sciences GmbH (“Genevant”), Arbutus Biopharma
`Corporation (“Arbutus”), and their respective affiliates. As you are aware, Genevant and Arbutus
`scientists have spent almost twenty years pioneering and refining lipid nanoparticle (“LNP”)
`technologies for the delivery of nucleic acid therapeutics.
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`We were very pleased to read about your encouraging data, and we remain hopeful that
`your important work will lead to the availability of a COVID-19 vaccine. In light of the current
`COVID-19 public health crisis, we believe it is imperative for companies in our industry to join
`forces, and we are firmly committed to using our available resources to help end this pandemic as
`quickly as possible. Genevant is actively collaborating with multiple companies and academic
`institutions working on vaccines and therapeutics for COVID-19. Arbutus is actively engaged in
`a research program to develop therapeutic treatments for COVID-19 and future coronavirus
`outbreaks.
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`Arbutus owns intellectual property protecting LNP technologies and has licensed that
`intellectual property to Genevant. We are aware that Pfizer Inc. (“Pfizer”) is conducting Phase 3
`clinical trials of an mRNA-LNP COVID-19 vaccine. We believe and notify you as contemplated
`by 35 U.S.C. § 287(a) that the manufacture, importation, offer for sale, sale, and/or use of your
`COVID-19 vaccine may infringe Arbutus patents, including at least U.S. Patent Nos. 8,058,069,
`8,492,359, 8,822,668, 9,006,417, 9,404,127, 9,364,435, 9,504,651, and 9,518,272.
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`Our priority is for COVID-19 to be eradicated, and we support your focus on the important
`work of developing and distributing an effective vaccine. We state unequivocally that we will
`not seek an injunction and have no intent to otherwise delay or obstruct the availability of a
`COVID-19 vaccine. Additionally, we do not intend to file a case asserting patent
`infringement in the near future, unless litigation is initiated against us.
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`Recognizing the important contribution that our patented LNP delivery technologies may
`be making to the accelerated development and potential medical benefits of your COVID-19
`vaccine, Genevant would like to engage in a constructive partnering discussion with you in the
`coming months. In particular, Genevant would appreciate the opportunity to discuss the terms of
`a partnering agreement that would enable Pfizer to benefit from Genevant scientists’ extensive
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`Case 3:23-cv-04200-ZNQ-TJB Document 13-3 Filed 10/13/23 Page 3 of 3 PageID: 787
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`experience and expertise with the formulation and manufacture of LNP delivery systems.
`Genevant would also welcome discussing the terms of a nonexclusive license to Pfizer to use our
`intellectual property for the limited but critically important purpose of a COVID-19 vaccine. We
`look forward to discussing the partnering possibilities with you, and should you need to reach us,
`please contact Pete Zorn, GSI President and Chief Legal Officer, at pete.zorn@genevant.com.
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`We hope and trust that you will recognize that we are writing in a spirit of cooperation
`toward our common goals.
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`Sincerely,
`
`_______________________________
`Sascha Bucher
`Director
`Genevant Sciences GmbH
`Viaduktstrasse 8, 4051
`Basel, Switzerland
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`_______________________________
`William H. Collier
`President and Chief Executive Officer
`Arbutus Biopharma Corporation
`701 Veterans Circle
`Warminster, Pennsylvania 18974 USA
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`Cc: Ugur Sahin
`Chief Executive Officer
`BioNTech SE
`An der Goldgrube 12
`D-55131 Mainz
`Germany
`
`Sierk Poetting
`Chief Financial Officer and Chief Operating Officer
`BioNTech SE
`An der Goldgrube 12
`D-55131 Mainz
`Germany
`
`General Counsel
`BioNTech US Inc.
`40 Erie Street, Suite 110
`Cambridge, MA 02139
`USA
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`Page 2 of 2
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