`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`ARBUTUS BIOPHARMA CORPORATION
`and GENEVANT SCIENCES GmbH,
`
`Plaintiffs,
`
`v.
`
`MODERNA, INC. and MODERNATX, INC.,
`
`Defendants.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 22-252-MSG
`
`STIPULATION AND ORDER TO EXTEND TIME
`
`The parties hereby stipulate and agree, subject to the approval of the Court, that the
`
`following due dates regarding claim construction set forth in Paragraphs 11 and 12 of the Court’s
`
`Scheduling Order (D.I. 72) are extended as follows:
`
`Event
`Exchange terms for construction
`
`
`Current Due Date
`June 9, 2023
`
`New Due Date
`August 1, 2023
`
`Exchange counter proposed constructions
`
`
`June 16, 2023
`
`August 15, 2023
`
`Submit Joint Claim Construction Chart
`
`
`June 29, 2023
`
`August 28, 2023
`
`Plaintiffs’ Opening Brief
`
`
`July 28, 2023
`
`September 26, 2023
`
`Defendants’ Responsive Brief
`
`
`August 28, 2023
`
`October 27, 2023
`
`Plaintiffs’ Reply Brief
`
`
`September 18, 2023
`
`November 17, 2023
`
`Defendants’ Sur-Reply Brief
`
`
`October 9, 2023
`
`December 15, 2023
`
`File Joint Claim Construction Brief
`
`
`October 11, 2023
`
`December 18, 2023
`
`The date and time of the Court’s Claim Construction Hearing SHALL BE
`
`RESCHEDULED to February 7, 2024, at 10:00 a.m.
`
`
`
`Case 1:22-cv-00252-MSG Document 109 Filed 06/09/23 Page 2 of 2 PageID #: 1575
`
`/s/ Nathan R. Hoeschen
`John W. Shaw (No. 3362)
`Karen E. Keller (No. 4489)
`Nathan R. Hoeschen (No. 6232)
`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
`Attorneys for Plaintiffs
`
`Dated: June 9, 2023
`
`/s/ Brian P. Egan
`Jack B. Blumenfeld (No. 1014)
`Brian P. Egan (No. 6227)
`Travis J. Murray (No. 6882)
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`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
`
`SO ORDERED this ___ day of _____________ 2023.
`9th
`June
`
` _________________________________
`/s/ Mitchell S. Goldberg
` UNITED STATES DISTRICT JUDGE
`
`2
`
`
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