`
`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 REGARDING
`SCHEDULING ORDER EXTENSION
`
`The parties hereby stipulate and agree, subject to the approval of the Court, that the
`
`following due dates set forth in the Court’s Scheduling Order (D.I. 72) are extended as follows:
`
`
`
`Event
`
`Current Date
`
`Parties serve 30(b)(6) notices
`Parties serve objections to 30(b)(6)
`notices
`Meet and confer on 30(b)(6) notices
`Last day to raise disputes with the
`Court concerning 30(b)(6) notices
`Deadline For Moderna Substantial
`Rolling Production of any
`Supplemental Document Production
`Deadline For Moderna Supplemental
`Document Production Completion
`Fact Discovery Cut Off
`Final Infringement/Invalidity
`Contentions
`Opening Expert Reports
`Rebuttal Expert Reports
`
`Reply Expert Reports
`
`Parties to Advise on Expert
`Deposition Availability
`
`N/A
`N/A
`
`N/A
`N/A
`
`N/A
`
`N/A
`
`Friday, March 1, 2024
`Friday, March 15, 2024
`
`New Date
`March 8, 2024
`
`March 22, 2024
`
`March 29, 2024
`
`April 8, 2024
`
`Thursday March 14, 2024
`
`Thursday March 28, 2024
`
`Thursday, May 30, 2024
`
`Friday, June 21, 2024
`
`Friday, July 19, 2024
`Friday, April 5, 2024
`Friday, August 23, 2024
`Monday, May 6, 2024
`Friday, June 7, 2024 Wednesday, September 25,
`2024
`Friday, September 27,
`2024
`
`Monday, June 10, 2024
`
`
`
`Case 1:22-cv-00252-MSG Document 233 Filed 02/27/24 Page 2 of 3 PageID #: 15499
`
`Event
`
`Expert Discovery Cut Off
`
`Deadline for Letters Requesting
`Leave to File a Dispositive Motion
`Daubert Motions1
`Summary Judgment Motions (if leave
`is granted)
`
`Opposition to Daubert Motions
`
`Oppositions to Summary Judgment
`Motions
`Reply ISO Summary Judgment &
`Daubert Motions
`Hearing on Summary Judgment &
`Daubert Motions
`Pretrial papers to be exchanged
`pursuant to D. Del. LR 16.3
`Parties File Joint Proposed Final
`Pretrial Order, Jury Instructions, Voir
`Dire, and Special Verdict Forms
`Pretrial Conference (subject to the
`Court’s availability)
`TRIAL (subject to the Court's
`availability)
`Filing of Joint Form of Order
`Filing of Joint Post-Trial Status
`Report
`
`Current Date
`
`New Date
`Wednesday, July 10, 2024 Wednesday, October 30,
`2024
`Thursday, August 1, 2024 Wednesday, November 6,
`2024
`Monday, August 12, 2024 Friday, December 13, 2024
`
`Friday, December 13, 2024
`
`Thursday, September 12,
`2024
`N/A
`
`Friday, January 24, 2025
`
`Friday, January 24, 2025
`
`N/A
`
`N/A
`
`N/A
`
`N/A
`
`N/A
`
`N/A
`
`N/A
`N/A
`
`Friday, February 14, 2025
`
`TBD
`
`Wednesday, March 5, 2025
`
`Friday, April 4, 2025
`
`Friday, April 11, 2025
`
`Monday, April 21, 2025
`
`7 days after jury verdict
`
`7 days after jury verdict
`
`Pursuant to D. Del. LR 16.4, counsel certifies that copies of this stipulation have been sent
`
`to their respective clients.
`
`_______________________________________________________________________________
`1. Daubert motions shall be limited to motions challenging the scientific reliability of experts' methodology.
`Daubert motions raising other issues, such as those appropriate for a motion in limine, motion for summary
`judgment, motion for judgment as a matter of law, or cross-examination of the expert, will not
`be considered.
`
`2
`
`
`
`Case 1:22-cv-00252-MSG Document 233 Filed 02/27/24 Page 3 of 3 PageID #: 15500
`
`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
`
`Attorney for Plaintiffs
`
`February 26, 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
`
`27th
`February
`SO ORDERED this _______ day of ___________________ 2024.
`
`/s/ Mitchell S. Goldberg
`_________________________________
`UNITED STATES DISTRICT JUDGE
`
`3
`
`
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