The Hague - Local Division UPC_CFI_191/2025

Order
of the Court of First Instance of the Unified Patent Court
delivered on 04/08/2025
regarding R.262A

APPLICANTS/DEFENDANTS IN THE INFRINGEMENT ACTIONS/CLAIMANTS IN THE
COUNTERCLAIMS
1) Moderna, Inc.
(Applicant) - 325 Binney Street - MA 02142 -
Cambridge - US
Represented by Ruben Laddé
2) Moderna Belgium S.R.L.
(Applicant) - Avenue Marnix 23 - 1000 -
Brussels - BE
Represented by Ruben Laddé
3) Moderna Denmark ApS
(Applicant) - C/O CSC (DENMARK) ApS
Sundkrogsgade 21 - 2100 - Copenhagen - DK
Represented by Ruben Laddé
4) Moderna Sweden AB
(Applicant) - c/o Scandinavian Trust AB, Birger
Jarlsgatan 12 - 114 34 - Stockholm - SE
Represented by Ruben Laddé
5) Moderna Switzerland GmbH
(Applicant) - Peter Merian-Weg 10 - 4052 -
Basel - CH
Represented by Joachim Renken
6) Moderna Portugal Unipessoal LDA
(Applicant) - Rua João Chagas 10-B DTO -
1500-493 - Lisbon - PT
Represented by Ruben Laddé
7) ModernaTX, Inc.
(Applicant) - 325 Binney Street - MA 02142 -
Cambridge - US
Represented by Ruben Laddé
8) Moderna Norway AS
(Applicant) - c/o CSC (Norway) AS,
Wergelandsveien 7 - 0167 - Oslo - NO
Represented by Ruben Laddé
9) Moderna Poland SP. Z.O.O.
(Applicant) - Rondo Ignacego Daszyńskiego 1 -
00-843 - Warsaw - PL
Represented by Ruben Laddé
10) Moderna Netherlands B.V.
(Applicant) - Claude Debussylaan 7 - 1082 MC -
Amsterdam - NL
Represented by Ruben Laddé
11) Moderna Biotech UK Limited
(Applicant) - 54 Portland Place - W1B 1DY -
London - GB
Represented by Ruben Laddé
12) Moderna Italy S.R.L.
(Applicant) - Via Vittorio Veneto 54/B - CAP
00187 - Rome - IT
Represented by Ruben Laddé
13) Moderna Biotech Spain SL
(Applicant) - C/ Julián Camarillo 31 - 28037 -
Madrid - ES
Represented by Ruben Laddé
14) Moderna France SASU
(Applicant) - 19 Rue Cognacq-Jay - 75007 -
Paris - FR
Represented by Ruben Laddé
15) Moderna Germany GmbH
(Applicant) - Brienner Straße 45 a-d. c/o Design
Offices Campus Königsplatz - 80333 - Munich - DE
Represented by Ruben Laddé

RESPONDENTS/CLAIMANTS IN THE INFRINGEMENT ACTIONS/DEFENDANTS IN THE
COUNTERCLAIMS
1) Genevant Sciences GmbH
(Respondent) - Viaduktstrasse 8 - 4051 - Basel -
CH
Represented by Markus Van Gardingen
2) Arbutus Biopharma Corporation
(Respondent) - 701 Veterans Circle - PA 18974 -
Warminster - US
Represented by Markus Van Gardingen

PATENT AT ISSUE
Patent no. Proprietor/s
EP2279254 Arbutus Biopharma Corporation

DECIDING JUDGE Judge-rapporteur

LANGUAGE OF PROCEEDINGS: English

REQUESTS AND GROUNDS FOR THE ORDER
1. Of the statement of defence/counterclaim for revocation of 8 July 2025, unredacted and redacted versions have been filed. With two identical 262A-applications, uploaded once for the claim (as App_32589/2025) and once for the counterclaim (as App_32590/2025),
the “Applications”, Applicants request:
2. The court is, in short, requested to order that the information referenced at request item 1 (which is highlighted in grey in the unredacted versions of its submission) qualifies as confidential and will remain confidential and that access to such confidential information is restricted to a confidentiality club mentioned in items 2 and 5 of the application.
3. The Respondents/Claimants in the infringement action (hereinafter the “Claimants”), were given the opportunity to respond to the Applications and parties were requested to discuss and reach agreement on the members of the confidentiality club (in particular on the employees of Claimants) and on the terms/wording of the R.262A order, and to inform the JR thereof in the response to be filed.
4. Such agreement was reached and submitted by Claimants on 24 July 2025 as exhibit G122. Therein the parties request the Local Division to issue an order in view of the agreed terms/wording as detailed in the confidentiality agreement submitted. This is effected below.
The submitted agreement is not signed, however the consent of Applicants is assumed in view of R.284 RoP.
5. This order is uploaded in the workflows of both 262A-Applications.

ORDER
Pursuant to an agreement reached by the parties, the following confidentiality regime is confirmed:
“Proceedings:
1. On 3 March 2025, Arbutus and Genevant initiated patent infringement proceedings before the Unitary Patent Court against Moderna, alleging that Moderna infringe EP 254 (proceedings no. ACT_10280/2025, UPC_CFI_191/2025, “Proceedings”).
Purpose:
2. Moderna would like to submit in the Proceedings certain documents disclosing details of the composition and manufacturing process of their Spikevax® and mRESVIA® products for the purpose of the Proceedings. Arbutus and/or Genevant must be given the opportunity to comment on these documents in the Proceedings (“Purpose”).
3. In parallel, Arbutus and/or Genevant are also involved in litigation against Moderna in the United States in relation to U.S. patents corresponding to EP254 (“US Proceedings”). This agreement applies solely to disclosures made for the Proceedings.
Confidential information:
4. “Confidential Information” means all non-public, proprietary, or trade secret information that is filed by Moderna in the Proceedings and that refers to the composition and/or manufacturing process of the Spikevax® and mRESVIA® products and is designated as confidential by Moderna upon filing in the Proceedings. If Moderna inadvertently did not designate information, which otherwise fulfills the definition of Confidential Information, as confidential upon filing in the Proceedings, then it will promptly notify Claimants thereof. Claimants will subsequently use their best efforts to retrieve this information and inform the person or persons to whom this information was inadvertently disclosed of the terms of the Court’s R.262A order. In such an event, penalty payments will not be imposed on this person or persons, or Claimants and Members of the Confidentiality Club.
5. Such Confidential Information shall be disclosed solely for use in the Proceedings and shall not be used or disclosed outside of these Proceedings, except to the extent that it has come to the knowledge of the receiving party outside of the Proceedings, provided that the receiving party has obtained it on a nonconfidential basis from Moderna or from a source other than Moderna, provided that such source is not bound by a confidentiality agreement with or other obligation of secrecy with Moderna.
6. Claimants shall take all necessary organizational and technical precautions to ensure that the Confidential Information is not disclosed to any other persons.
7. If Claimants learn that, by inadvertence or otherwise, they have disclosed Confidential Information to any person who is not a Member of the Confidentiality Club, Claimants must not later than three calendar days after learning of the disclosure:
a. notify in writing Moderna of the unauthorized disclosures;
b. use their best efforts to retrieve all unauthorized copies of the Confidential Information;
c. inform the person or persons to whom unauthorized disclosures were made of the Court’s R. 262A order
8. Nothing prevents Claimants from making any disclosure of Confidential Information as may be required by law, a valid order of a court, or by any competent authority, provided that if Claimants are required to make such a disclosure, they promptly and prior to disclosure notify Moderna of such required disclosure, and, at the request of Moderna, shall cooperate with Moderna to obtain a protective order or other
appropriate remedy to maintain the confidentiality of the Confidential Information.
9. The obligations under 5-8 shall apply to the Members of the Confidentiality Club as
defined below under 12.
10. The Members of the Confidentiality Club shall also be under an obligation to the
Claimants to maintain the confidentiality of Confidential Information received, and as
included in unredacted versions of documents filed by Moderna in the Proceedings.
This obligation of confidentiality shall continue to apply after the termination of the
Proceedings.
Members Confidentiality Club
11. The “Confidentiality Club” solely consists of the following members on behalf of
Claimants:
(a) Persons within Arbutus or Genevant:
-
-
-
-
(b) Arbutus and Genevant outside counsel of the following firms:
- UPC Proceedings: Brinkhof, Simmons & Simmons, Stibbe, Rentsch Partner,
Pestalozzi
- US Proceedings: Williams & Connolly
(c) Experts (to be identified in person) appointed by Claimants, including
-
- and assistants/colleagues

INSTRUCTIONS TO THE REGISTRY
The UPC representative of the respondents shall continue to be granted access to the
unredacted documents submitted by Applicants in workflows ACT_10280/2025 and
CC_32138/2025.

ORDER DETAILS
Order no. ORD_32975/2025 in
Action Number: ACT_10280/2025
UPC number: UPC_CFI_191/2025
Action type: Infringement Action
And in Counterclaim: CC_32138/2025 (UPC_CFI_617/2025;)
Application No.: App_32589/2025 and App_32590/2025
Application Type: ROP262A