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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`CIVIL ACTION
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`NO. 22-252
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`ARBUTUS BIOPHARMA CORPORATION
`and GENEVANT SCIENCES GMBH,
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`Plaintiffs,
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`v.
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`MODERNA, INC. and MODERNATX, INC.,
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`ORDER
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`AND NOW, this 3rd day of April, 2024, upon consideration of the parties’ Joint Claim
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`Construction Brief (Doc. No. 170) and following a claim construction hearing, it is hereby ORDERED
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`that the disputed claim terms in this case are construed as follows:
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`Claim Term
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`Court’s Construction
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`“___ mol % of the total lipid present in the
`particle”
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`“___ mol % of the total lipid present in the
`particle”
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`“a cationic lipid having a protonatable tertiary
`amine”
`“wherein at least 70% / at least 80% / about 90%
`of the mRNA in the formulation is fully
`encapsulated in the lipid vesicles”
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`The recited “mol %” ranges are understood to
`encompass their standard variation based on the
`number of significant figures recited in the claim.
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`Plain and ordinary meaning, i.e., a “cationic lipid
`having a protonatable tertiary amine.”
`“wherein at least 70% /at least 80% / about 90%
`of the mRNA in the formulation is fully, as
`distinct from partially, contained inside the lipid
`vesicles.”
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`BY THE COURT:
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`__/s/ Mitchell S. Goldberg_____________________
`MITCHELL S. GOLDBERG, J.
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