Arbutus Biopharma Corporation et al v. Moderna, Inc. et al
| Arbutus Biopharma Corporation and Genevant Sciences GmbH |
| Moderna, Inc. and ModernaTX, Inc. |
| Adam Mossoff and Bayh-Dole Coalition |
| 1:2022cv00252 |
| February 28, 2022 |
| U.S. District Court for the District of Delaware |
| Mitchell S Goldberg |
| Maryellen Noreika |
| Patent |
| 35 U.S.C. § 1 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 24, 2026. A more recent docket listing may be available from PACER.
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Filing 117
NOTICE OF SERVICE of Defendants' Responses and Objections to Plaintiffs' Second Set of Requests for Production to Defendants (Nos. 99-127) filed by Moderna, Inc., ModernaTX, Inc..(Egan, Brian)
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Filing 116
NOTICE OF SERVICE of 1) Plaintiff Arbutus's Amended Initial Disclosures Pursuant to Paragraph 3 of the District of Delaware Default Standard for Discovery 2) Plaintiff Genevant's Second Amended Initial Disclosures Pursuant to Paragraph 3 of the District of Delaware Default Standard for Discovery filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH.(Keller, Karen)
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Filing 115
ORDER granting D.I. #114 Motion to Appear Pro Hac Vice of Eric C. Wiener. Signed by Judge Mitchell S. Goldberg on 6/22/2023. (apk)
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Pro Hac Vice Attorney Eric C. Wiener for Arbutus Biopharma Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
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Pro Hac Vice Attorney Philip N. Haunschild for Genevant Sciences GmbH added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk)
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Filing 114
MOTION for Pro Hac Vice Appearance of Attorney Eric C. Wiener - filed by Arbutus Biopharma Corporation. (Hoeschen, Nathan)
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Filing 113
ORDER granting D.I. #112 Motion to Appear Pro Hac Vice of Philip N. Haunschild and Jihad J. Komis. Signed by Judge Mitchell S. Goldberg on 6/15/2023. (apk)
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Filing 112
MOTION for Pro Hac Vice Appearance of Attorney Philip N. Haunschild and Jihad J. Komis - filed by Genevant Sciences GmbH. (Hoeschen, Nathan)
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Filing 111
STIPULATION AND ORDER regarding D.I. #110 . Signed by Judge Mitchell S. Goldberg on 6/12/2023. (apk)
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Filing 110
PROPOSED ORDER Regarding Discovery, Including Discovery of Electronically Stored Information ("ESI") by Arbutus Biopharma Corporation, Genevant Sciences GmbH. (Hoeschen, Nathan)
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Filing 109
SO ORDERED, re D.I. #107 STIPULATION TO EXTEND TIME Claim Construction Deadlines to Various Dates. Signed by Judge Mitchell S. Goldberg on 06/09/2023. (smg)
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Filing 108
NOTICE OF SERVICE of 1. Amended Rule 26(a) Disclosures of Plaintiff Genevant Sciences GmbH 2. Plaintiff Genevant's Amended Initial Disclosures pursuant to Paragraph 3 of the District of Delaware Default Standard for Discovery filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH.(Hoeschen, Nathan)
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Filing 107
STIPULATION TO EXTEND TIME Claim Construction Deadlines to Various Dates - filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH. (Hoeschen, Nathan)
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Filing 106
NOTICE requesting Clerk to remove Lydia B. Cash as co-counsel.. (Hoeschen, Nathan)
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Filing 105
NOTICE OF SERVICE of Defendants' Second Set of Interrogatories (Nos. 8-10) - filed by Moderna, Inc., ModernaTX, Inc..(Murray, Travis)
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Filing 104
STIPULATION AND ORDER regarding D.I. #103 (Notice of Compliance deadline set for 6/9/2023.) Signed by Judge Mitchell S. Goldberg on 5/30/2023. (apk)
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Filing 103
STIPULATION TO EXTEND TIME for the Parties to submit a proposed Electronically Stored Information ("ESI") Order to June 9, 2023 - filed by Moderna, Inc., ModernaTX, Inc.. (Murray, Travis)
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Filing 102
NOTICE OF SERVICE of Plaintiffs' Second Set of Requests for Production to Defendants (Nos. 99-127) filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH.(Hoeschen, Nathan)
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Filing 101
NOTICE OF SERVICE of 1. Plaintiffs Arbutus Biopharma Corporation and Genevant Sciences GmbH's Responses and Objections to Defendants Moderna, Inc. and ModernaTX Inc.'s Second Set of Requests for Production (Nos. 101-126) 2. Plaintiff Genevant Sciences GmbH's Responses and Objections to Defendants Moderna, Inc. and ModernaTX Inc.'s First Set of Requests for Admission (No. 1-8) and 3. Plaintiff Arbutus Biopharma Corporation's Responses and Objections to Defendants Moderna, Inc. and ModernaTX Inc.'s First Set of Requests for Admission (No. 1-8) filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH.(Hoeschen, Nathan)
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Filing 100
NOTICE OF SERVICE of Moderna's Initial Invalidity Contentions filed by Moderna, Inc., ModernaTX, Inc..(Egan, Brian)
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Filing 99
STIPULATION AND ORDER regarding D.I. #98 (Notice of Compliance deadline set for 5/26/2023.) Signed by Judge Mitchell S. Goldberg on 5/15/2023. (apk)
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Filing 98
STIPULATION TO EXTEND TIME to submit a proposed Electronically Stored Information (ESI) Order to May 26, 2023 - filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH. (Keller, Karen)
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Filing 97
NOTICE OF SERVICE of 1. Plaintiff Genevant Sciences GmbH's Third Supplemental Responses and Objections to Defendants Moderna, Inc. and Modernatx, Inc.'s First Set of Interrogatories (No. 3) 2. Plaintiff Arbutus Biopharma Corporation's Third Supplemental Responses and Objections to Defendants Moderna, Inc. and Modernatx, Inc.'s First Set of Interrogatories (Nos. 1 7) filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH.(Keller, Karen)
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Filing 96
ORDER granting #95 MOTION for Pro Hac Vice Appearance of Attorney Adam R. Brausa and Annie A. Lee. Signed by Judge Mitchell S. Goldberg on 5/12/2023. (twk)
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Pro Hac Vice Attorney Adam R. Brausa and Annie A. Lee for Arbutus Biopharma Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
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Filing 95
MOTION for Pro Hac Vice Appearance of Attorney Adam R. Brausa and Annie A. Lee - filed by Arbutus Biopharma Corporation. (DiBenedetto, Emily)
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Filing 94
SO ORDERED, re #92 STIPULATION TO EXTEND TIME for the Parties to submit a proposed Electronically Stored Information ("ESI") Order to May 12, 2023. Signed by Judge Mitchell S. Goldberg on 5/5/2023. (twk)
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Filing 93
NOTICE OF SERVICE of (1) Plaintiff Genevant Sciences GmbHs Second Supplemental Responses and Objections to Defendants Moderna, Inc. and ModernaTX Inc.s First Set of Interrogatories (Nos. 1 & 2) and (2) Plaintiff Arbutus Biopharma Corporations Second Supplemental Responses and Objections to Defendants Moderna, Inc. and ModernaTX, Inc.s First Set of Interrogatories (Nos. 1 & 2) filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH.(Keller, Karen)
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Filing 92
STIPULATION TO EXTEND TIME for the Parties to submit a proposed Electronically Stored Information ("ESI") Order to May 12, 2023 - filed by Moderna, Inc., ModernaTX, Inc.. (Murray, Travis)
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Filing 91
PROTECTIVE ORDER. Signed by Judge Mitchell S. Goldberg on 04/28/2023. (smg)
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Filing 90
PROPOSED ORDER -- Revised [Proposed] Stipulated Protective Order -- by Moderna, Inc., ModernaTX, Inc.. (Murray, Travis)
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Filing 89
NOTICE OF SERVICE of (1) Defendants' Second Set of Requests for Productions to Plaintiffs (Nos. 101-126) and (2) Defendants' First Set of Requests for Admissions (Nos. 1-8) to Plaintiffs - filed by Moderna, Inc., ModernaTX, Inc..(Murray, Travis)
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Filing 88
NOTICE OF SERVICE of Plaintiffs' Initial Infringement Contentions filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH.(Keller, Karen)
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Filing 87
NOTICE OF SERVICE of Defendants' Initial Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery - filed by Moderna, Inc., ModernaTX, Inc..(Murray, Travis)
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Filing 86
NOTICE OF SERVICE of 1. Plaintiff Arbutus's Initial Disclosures Pursuant to Paragraph 3 of the District of Delaware Default Standard for Discovery 2. Plaintiff Genevant's Initial Disclosures Pursuant to Paragraph 3 of the District of Delaware Default Standard for Discovery filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH.(Hoeschen, Nathan)
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Filing 85
PROPOSED ORDER [Proposed] Protective Order by Arbutus Biopharma Corporation, Genevant Sciences GmbH. (Keller, Karen)
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Filing 84
SO ORDERED, re #67 MOTION for Pro Hac Vice Appearance of Attorney David Nathaniel Tan and Shaelyn K. Dawson filed by Arbutus Biopharma Corporation. Signed by Judge Mitchell S. Goldberg on 4/19/2023. (mpb)
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Pro Hac Vice Attorney Shaelyn K. Dawson and David N. Tan for Arbutus Biopharma Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
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Filing 83
NOTICE OF SERVICE of Defendants' Objections and Responses to Plaintiffs' Second Set of Interrogatories (No. 11) filed by Moderna, Inc., ModernaTX, Inc..(Murray, Travis)
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Filing 82
STIPULATION AND ORDER regarding D.I. #81 (Notice of Compliance deadline set for 4/19/2023.) Signed by Judge Mitchell S. Goldberg on 04/14/2023. (apk)
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Filing 81
STIPULATION TO EXTEND TIME for the Parties to submit a proposed Protective Order to April 19, 2023 - filed by Moderna, Inc., ModernaTX, Inc.. (Murray, Travis)
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Filing 80
SO ORDERED, re #79 MOTION for Pro Hac Vice Appearance of Attorneys Yan-Xin Li and Alina Afinogenova. Signed by Judge Mitchell S. Goldberg on 4/12/2023. (mpb)
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Filing 79
MOTION for Pro Hac Vice Appearance of Attorney Yan-Xin Li and Alina Afinogenova - filed by Moderna, Inc., ModernaTX, Inc.. (Murray, Travis)
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Filing 78
SO ORDERED, re #76 STIPULATION TO EXTEND TIME for the Parties to submit a proposed Protective Order to April 14, 2023. Signed by Judge Mitchell S. Goldberg on 4/11/2023. (twk)
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Filing 77
NOTICE OF SERVICE of 1. Plaintiff Genevant Sciences GmbH's First Supplemental Responses and Objections to Defendants Moderna, Inc. and ModernaTX Inc.'s First Set of Interrogatories (No. 4) 2. Plaintiff Arbutus Biopharma Corporation's First Supplemental Responses and Objections to Defendants Moderna, Inc. and ModernaTX Inc.'s First Set of Interrogatories (No. 4) filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH.(Hoeschen, Nathan)
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Filing 76
STIPULATION TO EXTEND TIME for the Parties to submit a proposed Protective Order to April 14, 2023 - filed by Moderna, Inc., ModernaTX, Inc.. (Murray, Travis)
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Filing 75
NOTICE OF SERVICE of 1. Rule 26(a) Initial Disclosures of Plaintiff Arbutus Biopharma Corporation 2. Rule 26(a) Initial Disclosures of Plaintiff Genevant Sciences GmbH filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH.(Hoeschen, Nathan)
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Filing 74
NOTICE OF SERVICE of Defendants' Rule 26(a) Initial Disclosure Statement filed by Moderna, Inc., ModernaTX, Inc..(Murray, Travis)
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Filing 73
NOTICE OF SERVICE of 1. Subpoena to Testify at a Deposition in a Civil Action directed to Department of the Army 2. Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action directed to Department of the Army filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH.(Hoeschen, Nathan)
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Filing 72
SCHEDULING ORDER: Joinder of Parties due by 10/16/2023. Fact Discovery completed by 3/1/2024. Opening Expert Reports due by 4/5/2024. Rebuttal Expert Reports due by 6/7/2024. Expert Discovery due by 7/10/2024. Joint Claim Construction Brief due by 6/29/2023.(PLEASE SEE ORDER FOR FURTHER DETAILS). Signed by Judge Mitchell S. Goldberg on 03/21/2023. (apk)
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Filing 71
Official Transcript of Telephonic Conference held on 03/16/2023 before Judge Mitchell S. Goldberg. Court Reporter/Transcriber O'Connor Legal, Medical & Media Services, Inc., contact: 912-689-0090. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER Redaction Request due 4/11/2023. Redacted Transcript Deadline set for 4/21/2023. Release of Transcript Restriction set for 6/20/2023. (smg)
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Filing 70
NOTICE OF SERVICE of 1) Subpoena to Testify at a Deposition in a Civil Action directed to Department of Health and Human Services 2) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action directed to Department of Health and Human Services filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH.(Hoeschen, Nathan)
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Filing 69
NOTICE OF SERVICE of Defendants' Objections and Responses to Plaintiffs' First Set of Interrogatories (Nos. 1-10) filed by Moderna, Inc., ModernaTX, Inc..(Egan, Brian)
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Filing 68
NOTICE OF SERVICE of Plaintiffs' Second Set of Interrogatories to Defendants filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH.(Hoeschen, Nathan)
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Minute Entry for a Phone Conference Hearing held before Judge Mitchell S. Goldberg - Phone Conference Hearing held on 3/16/2023. All Counsel were present. Matters were taken under advisement. (Court Reporter Jimmy Cruz.) (apk)
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Filing 67
MOTION for Pro Hac Vice Appearance of Attorney David Nathaniel Tan and Shaelyn K. Dawson - filed by Arbutus Biopharma Corporation. (Keller, Karen)
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Filing 66
Letter to The Honorable Mitchell S. Goldberg from Stephen B. Brauerman regarding Letter Brief from Amici Curiae Law Professors, Scholars, and Former Government Officials in Response to the Statement of Interest filed by the United States of America - re #65 Order,,, Terminate Motions,,, Set Hearings,, #49 Statement, #51 Order,. (Brauerman, Stephen)
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Filing 65
ORDER, The Motions for Leave to File Amicus Briefs (D.I. #56 and #61 ) are GRANTED. Any requested reconsideration of the November 2, 2022 Memorandum and Order in light of the Government's statement of Interest is DENIED. A Pretrial Scheduling Conference will be held on Thursday March 16, 2023 at 10:00 a.m. The conference will be conducted via telephone and held on the record. Counsel are directed to dial in as follows (1) Call: 888-684-8852; (2) Enter access code: 2187450#; (3) Press # to enter as a participant. Signed by Judge Mitchell S. Goldberg on 03/10/2023. (apk)
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Filing 64
MEMORANDUM OPINION. Signed by Judge Mitchell S. Goldberg on 03/10/2023. (apk)
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Filing 63
ORDER denying D.I. #60 Motion to Intervene. (See Order for further details. Copy of Order mailed to Pro Se Movant.) Signed by Judge Mitchell S. Goldberg on 03/08/2023. (smg)
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Filing 62
RESPONSE to Motion re #56 MOTION for Leave to permit Stephen B. Brauerman to File an Amicus Brief , #61 MOTION for Leave to permit Stephanie S. Riley to File an Amicus Brief filed by Moderna, Inc., ModernaTX, Inc.. (Blumenfeld, Jack)
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Filing 61
MOTION for Leave to permit Stephanie S. Riley to File an Amicus Brief - filed by Bayh-Dole Coalition. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Riley, Stephanie)
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CORRECTING ENTRY: Exhibit A of D.I. #56 replaced per request of counsel to remove notation of document security. (smg)
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Filing 60
MOTION to Intervene - filed by Emanuel McCray (proposed Intervenor, non-party). (Attachments: #1 Proposed Class Action Complaint, #2 Notice of Motion for Class Certification, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4)(twk)
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Filing 59
Letter to The Honorable Mitchell S. Goldberg from Nathan R. Hoeschen regarding the impact of the Government's Statement of Interest on the scheduling of this matter - re #51 Order,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Hoeschen, Nathan)
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Filing 58
Letter to The Honorable Mitchell S. Goldberg from Jack B. Blumenfeld regarding impact of the Governments Statement of Interest on scheduling - re #51 Order,. (Blumenfeld, Jack)
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Filing 57
RESPONSE to Order re #51 Order, U.S. Government Letter re Statement of Interest. (Sternhell, Philip)
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Filing 56
MOTION for Leave to permit Stephen B. Brauerman to File an Amicus Brief - filed by Adam Mossoff. (Attachments: #1 [Proposed] Order, #2 Exhibit A)(Brauerman, Stephen) (Attachment 2 replaced on 3/3/2023) (smg).
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Filing 55
SO ORDERED, re #54 MOTION for Pro Hac Vice Appearance of Attorney Nancy Kaye Horstman. Signed by Judge Mitchell S. Goldberg on 2/22/2023. (twk)
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Filing 54
MOTION for Pro Hac Vice Appearance of Attorney Nancy Kaye Horstman - filed by Moderna, Inc., ModernaTX, Inc.. (Egan, Brian)
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Filing 53
Official Transcript of Initial Pretrial Conference held on February 16, 2023 before Judge Mitchell S. Goldberg. Court Reporter/Transcriber: Victoria O'Connor. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/14/2023. Redacted Transcript Deadline set for 3/24/2023. Release of Transcript Restriction set for 5/22/2023. (twk)
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Filing 52
NOTICE OF SERVICE of Plaintiffs' First Set of Interrogatories to Defendants filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH.(Hoeschen, Nathan)
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Filing 51
ORDER, Within fourteen (14) days from the date of this Order, the parties and the U.S. Government shall submit a letter of no more than ten pages regarding the impact of the Governments Statement of Interest on the scheduling of this matter. Signed by Judge Mitchell S. Goldberg on 2/16/2023. (apk)
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Minute Entry for proceedings held before Judge Mitchell S. Goldberg - Telephonic Initial Pretrial Conference held on 2/16/2023. (Court Reporter: Jimmy Cruz). (twk)
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Filing 50
ORDER: The Initial Pretrial Conference scheduled for Thursday, February 16, 2023 at 2:00 p.m. is RESCHEDULED to February 16, 2023 at 11:00 a.m. The conference will be conducted via telephone and held on the record. (See Order for further details) Signed by Judge Mitchell S. Goldberg on 02/15/2023. (smg)
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CORRECTING ENTRY: D.I. #49 replaced per filers request. The signature page on the initial filing was erroneous. (apk)
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Filing 49
STATEMENT OF INTEREST by The United States of America. (Sternhell, Philip) (Main Document 49 replaced on 2/15/2023) (apk).
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Pro Hac Vice Attorney Anthony H. Sheh for Genevant Sciences GmbH added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
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Filing 48
SO ORDERED, re #45 MOTION for Pro Hac Vice Appearance of Attorney Anthony H. Sheh. Signed by Judge Mitchell S. Goldberg on 2/13/2023. (twk)
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Filing 47
REPORT of Rule 26(f) Planning Meeting. (Hoeschen, Nathan)
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Filing 46
Letter to The Honorable Mitchell S. Goldberg from Nathan R. Hoeschen regarding Proposed Scheduling Order. (Attachments: #1 Text of Proposed Order [Proposed] Scheduling Order)(Hoeschen, Nathan)
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Filing 45
MOTION for Pro Hac Vice Appearance of Attorney Anthony H. Sheh - filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH. (Shaw, John)
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Filing 44
NOTICE requesting Clerk to remove Eric C. Wiener as co-counsel.. (Shaw, John)
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Pro Hac Vice Attorney Eric C. Wiener for Arbutus Biopharma Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mkr)
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Filing 43
NOTICE OF SERVICE of 1. Plaintiffs Arbutus Biopharma Corporation and Genevant Sciences GmbH's Responses and Objections to Defendants Moderna, Inc. and ModernaTX Inc.'s First Set of Requests for Production (Nos. 1-100) 2. Plaintiff Genevant Sciences GmbH's Responses and Objections to Defendants Moderna, Inc. and ModernaTX Inc.'s First Set of Interrogatories (Nos. 17) 3. Plaintiff Arbutus Biopharma Corporation's Responses and Objections to Defendants Moderna, Inc. and ModernaTX Inc.'s First Set of Interrogatories (Nos. 17) filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH.(Hoeschen, Nathan)
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Filing 42
NOTICE OF SERVICE of Defendants' Objections and Responses to Plaintiffs' First Set of Requests for Production (Nos. 1-98) filed by Moderna, Inc., ModernaTX, Inc..(Egan, Brian)
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Filing 41
NOTICE of Change of Firm Affiliation by Arbutus Biopharma Corporation, Genevant Sciences GmbH (Hoeschen, Nathan)
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Filing 40
ORDER, An Inital Pretrial Conference is set for 2/16/2023 at 02:00 PM via telephone and held on the record before Judge Mitchell S. Goldberg. (SEE ORDER FOR DETAILS) Signed by Judge Mitchell S. Goldberg on 1/5/2023. (srs)
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Filing 39
NOTICE requesting Clerk to remove Denis R. Hurley as co-counsel.. (Keller, Karen)
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Filing 38
ANSWER to #35 Answer to Complaint, Counterclaim [Plaintiffs Arbutus Biopharma Corporation and Genevant Sciences GmbH's Answer to Defendants Moderna, Inc. and Modernatx, Inc.'s Counterclaims] by Arbutus Biopharma Corporation, Genevant Sciences GmbH.(Keller, Karen)
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Filing 37
NOTICE OF SERVICE of Plaintiffs' First Set of Requests for Production to Defendants (Nos. 1 - 98) filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH.(Hoeschen, Nathan)
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Filing 36
NOTICE OF SERVICE of (1) Defendants' First Set of Interrogatories (Nos. 1-7); and (2) Defendants' First Set of Requests for Productions to Plaintiffs (Nos. 1-100) filed by Moderna, Inc., ModernaTX, Inc..(Egan, Brian)
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Filing 35
ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Arbutus Biopharma Corporation, Genevant Sciences GmbH by ModernaTX, Inc., Moderna, Inc..(Blumenfeld, Jack)
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Filing 34
STIPULATION AND ORDER regarding D.I. #33 . Signed by Judge Mitchell S. Goldberg on 11/16/2022. (apk)
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Filing 33
STIPULATION TO EXTEND TIME for Defendants to answer the Complaint to November 30, 2022 - filed by Moderna, Inc., ModernaTX, Inc.. (Egan, Brian)
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Filing 32
ORDER, upon consideration of Defendants' Motion to Dismiss (D.I. #16 ), Plaintiffs' Response (D.I. #21 ), and Defendants' Reply Brief (D.I. #23 ), it is hereby ORDERED that the Motion is DENIED. Within fourteen (14) days from the date of this Order, Defendants shall file an answer to the Complaint. Signed by Judge Mitchell S. Goldberg on 11/2/2022. (twk)
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Filing 31
MEMORANDUM. Signed by Judge Mitchell S. Goldberg on 11/2/2022. (twk)
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Filing 30
ORDER: upon consideration of Plaintiffs' August 1, 2022 letter (D.I. #28 ) and Defendants' responsive letter of August 2, 2022 (D.I. #29 ), it is hereby ORDERED that the parties need not participate in a Rule 26(f) conference until after the disposition of the pending Motion to Dismiss. Signed by Judge Mitchell S. Goldberg on 08/11/2022. (smg)
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Filing 29
Letter to The Honorable Mitchell S. Goldberg from Jack B. Blumenfeld regarding scheduling conference - re #28 Letter. (Blumenfeld, Jack)
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Filing 28
Letter to Honorable Mitchell S. Goldberg from John W. Shaw regarding a Proposed Scheduling Order. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Shaw, John)
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Filing 27
NOTICE OF SERVICE of Plaintiffs' Initial Identification of Asserted Patents, Accused Products, and Damages Model filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH.(Shaw, John)
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Filing 26
ORDER granting #25 Motion to Appear Pro Hac Vice of Attorney Shaun P. Mahaffy. Signed by Judge Mitchell S. Goldberg on 07/20/2022. (smg)
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Pro Hac Vice Attorney Shaun P. Mahaffy for Genevant Sciences GmbH added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
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Filing 25
MOTION for Pro Hac Vice Appearance of Attorney Shaun P. Mahaffy - filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH. (Keller, Karen)
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Filing 24
Letter to The Honorable Mitchell S. Goldberg from John W. Shaw regarding request for Oral Argument - re #16 MOTION to Dismiss for Failure to State a Claim . (Shaw, John)
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Filing 23
REPLY BRIEF re #16 MOTION to Dismiss for Failure to State a Claim - filed by Moderna, Inc., ModernaTX, Inc.. (Attachments: #1 Ex. C)(Egan, Brian)
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Pro Hac Vice Attorney Kira A. Davis for Arbutus Biopharma Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk)
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Filing 22
ORDER granting #15 Motion to Appear Pro Hac Vice of Attorney Kira A. Davis. Signed by Judge Mitchell S. Goldberg on 6/8/2022. (twk)
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Filing 21
ANSWERING BRIEF in Opposition re #16 MOTION to Dismiss for Failure to State a Claim filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH.Reply Brief due date per Local Rules is 6/10/2022. (Keller, Karen)
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Filing 20
STIPULATION AND ORDER TO EXTEND TIME, The deadline for plaintiffs to file an answering brief in opposition to Defendants Partial Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) (D.I. #17 ) is extended to and including June 3, 2022. The parties further stipulate that the time for defendants to file a reply brief in support of its motion to dismiss is extended through and including June 24, 2022. Signed by Judge Mitchell S. Goldberg on 5/16/2022. (apk)
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Filing 19
STIPULATION TO EXTEND TIME for plaintiffs to file an answering brief in opposition to Defendants' Partial Motion to Dismiss and for defendants to file a reply brief in support of its motion to June 3, 2022 and June 24, 2022 respectively - filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH. (Keller, Karen)
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Filing 18
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Moderna, Inc. for ModernaTX, Inc. filed by Moderna, Inc., ModernaTX, Inc.. (Egan, Brian)
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Filing 17
OPENING BRIEF in Support re #16 MOTION to Dismiss for Failure to State a Claim filed by Moderna, Inc., ModernaTX, Inc..Answering Brief/Response due date per Local Rules is 5/20/2022. (Attachments: #1 Exhibits A-B)(Egan, Brian)
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Filing 16
MOTION to Dismiss for Failure to State a Claim - filed by Moderna, Inc., ModernaTX, Inc.. (Egan, Brian)
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Pro Hac Vice Attorneys James F. Hurst, Patricia A. Carson, Jeanna M. Wacker, Mark C. McLennan for Moderna, Inc., ModernaTX, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk)
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Case Reassigned to Judge Mitchell S. Goldberg. Please include the initials of the Judge (MSG) after the case number on all documents filed. (gvw)
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Filing 15
MOTION for Pro Hac Vice Appearance of Attorney Kira A. Davis - filed by Arbutus Biopharma Corporation. (Hoeschen, Nathan)
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Filing 14
NOTICE of Change of Address of the law firm of Williams & Connolly LLP by Arbutus Biopharma Corporation, Genevant Sciences GmbH (Hoeschen, Nathan)
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Pro Hac Vice Attorney Adam D. Harber for Genevant Sciences GmbH added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs)
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SO ORDERED re #13 MOTION for Pro Hac Vice Appearance of Attorney Adam D. Harber filed by Genevant Sciences GmbH, Arbutus Biopharma Corporation. ORDERED by Judge Maryellen Noreika on 3/18/2022. (dlw)
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Filing 13
MOTION for Pro Hac Vice Appearance of Attorney Adam D. Harber - filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH. (Keller, Karen)
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Pro Hac Vice Attorney David I. Berl, Thomas S. Fletcher, Denis R Hurley, Jessica Palmer Ryen, Lydia B Cash, Daralyn J. Durie, and Eric C. Wiener for Genevant Sciences GmbH added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
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Filing 12
MOTION for Pro Hac Vice Appearance of Attorney Daralyn J. Durie and Eric C. Wiener - filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH. (Keller, Karen)
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Filing 11
MOTION for Pro Hac Vice Appearance of Attorney David I. Berl, Thomas S. Fletcher, Jessica Palmer Ryen, Denis R. Hurley and Lydia B. Cash - filed by Arbutus Biopharma Corporation, Genevant Sciences GmbH. (Keller, Karen)
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SO ORDERED re #12 MOTION for Pro Hac Vice Appearance of Attorney Daralyn J. Durie and Eric C. Wiener, #11 MOTION for Pro Hac Vice Appearance of Attorney David I. Berl, Thomas S. Fletcher, Jessica Palmer Ryen, Denis R. Hurley and Lydia B. Cash filed by Genevant Sciences GmbH, Arbutus Biopharma Corporation. ORDERED by Judge Maryellen Noreika on 3/15/2022. (dlw)
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Filing 10
STIPULATION TO EXTEND TIME for the defendants to move, answer, or otherwise respond to the Complaint to May 6, 2022 - filed by Moderna, Inc., ModernaTX, Inc.. (Blumenfeld, Jack)
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SO ORDERED re #10 STIPULATION TO EXTEND TIME for the defendants to move, answer, or otherwise respond to the Complaint to May 6, 2022 (Set/Reset Answer Deadlines: Moderna, Inc. answer due 5/6/2022; ModernaTX, Inc. answer due 5/6/2022). ORDERED by Judge Maryellen Noreika on 3/7/2022. (dlw)
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SO ORDERED re #9 MOTION for Pro Hac Vice Appearance of Attorney James F. Hurst, Patricia A. Carson, Jeanna M. Wacker and Mark C. McLennan filed by Moderna, Inc., ModernaTX, Inc. ORDERED by Judge Maryellen Noreika on 3/3/2022. (dlw)
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Filing 9
MOTION for Pro Hac Vice Appearance of Attorney James F. Hurst, Patricia A. Carson, Jeanna M. Wacker and Mark C. McLennan - filed by Moderna, Inc., ModernaTX, Inc.. (Blumenfeld, Jack)
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Filing 8
SUMMONS Returned Executed by Genevant Sciences GmbH, Arbutus Biopharma Corporation. ModernaTX, Inc. served on 3/1/2022, answer due 3/22/2022. (Shaw, John)
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Filing 7
SUMMONS Returned Executed by Genevant Sciences GmbH, Arbutus Biopharma Corporation. Moderna, Inc. served on 3/1/2022, answer due 3/22/2022. (Shaw, John)
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Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)
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Filing 6
Summons Issued with Magistrate Consent Notice attached as to Moderna, Inc. on 2/28/2022; ModernaTX, Inc. on 2/28/2022. (Attachments: #1 Summons Issued Modernatx)(mal)
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Filing 5
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Roivant Sciences Ltd. for Genevant Sciences GmbH. Roivant Sciences Ltd., a publicly-held company, owns 10% or more of the stock of Arbutus Biopharma Corp. - filed by Arbutus Biopharma Corporation and Genevant Sciences GmbH. (mal)
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Filing 4
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 11,141,378 B2. (mal)
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Filing 3
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 8,058,069 B2 ;US 8,492,359 B2 ;US 8,822,668 B2 ;US 9,364,435 B2 ;US 9,504,651 B2. (mal)
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Filing 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal)
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Filing 1
COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Moderna, Inc., ModernaTX, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3812080.) - filed by Genevant Sciences GmbH, Arbutus Biopharma Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(mal)
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