Case 1:20-cv-01524-LPS Document 21 Filed 01/26/21 Page 1 of 62 PageID #: 493
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`DAIICHI SANKYO, INC., DAIICHI
`SANKYO COMPANY, LIMITED, and
`ASTRAZENECA PHARMACEUTICALS
`LP,
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`Plaintiffs,
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`v.
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`SEAGEN INC.,
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`Defendant.
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`C.A. 20-1524-LPS
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`DECLARATION OF JESSICA L. PAHL IN SUPPORT OF ASTRAZENECA
`PHARMACEUTICALS LP’S OPPOSITION TO MOTION TO STAY OR DISMISS
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`PUBLIC VERSION FILED: January 26, 2021
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`Case 1:20-cv-01524-LPS Document 21 Filed 01/26/21 Page 2 of 62 PageID #: 494
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`I, Jessica L. Pahl, pursuant to 28 U.S.C. § 1746, declare as follows:
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`1.
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`I am a partner at Williams & Connolly LLP, and have been admitted pro hac vice
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`in this case as counsel of record for Plaintiff AstraZeneca Pharmaceuticals LP (“AstraZeneca
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`US”).
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`2.
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`Attached hereto as Exhibit 1 is a true and correct copy of the complaint filed by
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`Seagen, Inc. (“Seagen”) on October 19, 2020 in Case 2:20-cv-337 (the “Texas Action”) in the
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`United States District Court for the Eastern District of Texas, filed as D.I. 1.
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`3.
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`Attached hereto as Exhibit 2 is a true and correct copy of the Declaration of Albert
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`Bucci, an employee of AstraZeneca US, filed by Daiichi Sankyo Company, Limited (“Daiichi
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`Sankyo Japan”) in the Texas Action on January 5, 2021 as D.I. 24, Attachment #4.
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`4.
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`Attached hereto as Exhibit 3 is a true and correct copy of the Declaration of Daniel
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`Switzer, an employee of Plaintiff Daiichi Sankyo, Inc. (“Daiichi Sankyo US”), filed by Daiichi
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`Sankyo Japan in the Texas Action on January 5, 2021 as D.I. 24, Attachment #2.
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`5.
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`Attached hereto as Exhibit 4 is a true and correct copy of the Declaration of Kevin
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`Smith, an employee of Plaintiff Daiichi Sankyo US, filed by Daiichi Sankyo Japan in the Texas
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`Action on January 5, 2021 as D.I. 24, Attachment #3.
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`6.
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`Attached hereto as Exhibit 5 is a true and correct copy of the Declaration of Hiroaki
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`Miki, an employee of Plaintiff Daiichi Sankyo Japan, filed by Daiichi Sankyo Japan in the Texas
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`Action on January 5, 2021 as D.I. 24, Attachment #1.
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`7.
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`Attached hereto as Exhibit 6 is a true and correct copy of the Motion to Transfer
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`under 28 U.S.C. § 1404 to the District of Delaware, filed by Daiichi Sankyo Japan in the Texas
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`Action on January 5, 2021 as D.I. 24.
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`- 1 -
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`Case 1:20-cv-01524-LPS Document 21 Filed 01/26/21 Page 3 of 62 PageID #: 495
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed: January 18, 2021
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`________________________________
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`Jessica L. Pahl
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`- 2 -
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`Case 1:20-cv-01524-LPS Document 21 Filed 01/26/21 Page 4 of 62 PageID #: 496
`Case 1:20-cv-01524-LPS Document 21 Filed 01/26/21 Page 4 of 62 PageID #: 496
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`EXHIBIT 1
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`EXHIBIT 1
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`Case 2:20-cv-00337-JRG Document 1 Filed 10/19/20 Page 1 of 13 PageID #: 1Case 1:20-cv-01524-LPS Document 21 Filed 01/26/21 Page 5 of 62 PageID #: 497
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
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`CIVIL ACTION NO.
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`SEAGEN INC.,
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`Plaintiff,
`
`v.
`DAIICHI SANKYO CO., LTD.,
`Defendant.
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`
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`COMPLAINT FOR PATENT
`INFRINGEMENT
`JURY TRIAL DEMANDED
`
`COMPLAINT
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`Plaintiff Seagen Inc. (“Seagen”) complains and alleges as follows against Defendant
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`Daiichi Sankyo Co., Ltd. (“DSC”).
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`THE NATURE OF THE ACTION
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`1.
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`Seagen brings this action to protect its proprietary technology enabling the
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`delivery of chemotherapeutic drugs directly to cancer cells. When Seagen began developing
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`this technology, most chemotherapeutic drugs for cancer were not targeted, resulting in the
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`delivery of treatments throughout the patient’s body and causing significant adverse side
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`effects. Since then, Seagen’s pioneering innovations in the field of antibody-drug
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`conjugates (ADCs), a type of therapy that directly targets chemotherapeutic drugs to cancer
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`cells, have helped establish ADCs as an important pillar of cancer therapy. Seagen’s ADC
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`technology is the result of decades of research and development effort by Seagen’s
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`scientists and hundreds of millions of dollars of investment. Seagen’s transformative
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`innovations have maintained Seagen’s leadership status even as other companies have
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`entered the field, and Seagen’s innovations are embodied in more approved ADC therapies
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`than those of any other company. DSC is a new entrant in the ADC field, and it infringes
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`Seagen’s United States Patent No. 10,808,039 (the “’039 patent”). DSC has already booked
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`sf-4314096
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`tens of millions of dollars in sales of an infringing product, and appears intent upon
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`expanding its infringing activities.
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`2.
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`ADCs are specialized cancer treatments that use a “linker” to attach (or
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`“conjugate”) chemotherapeutic drugs to an antibody. The antibody in an ADC targets
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`receptors on the surface of a cancer cell. The targeted cell then internalizes the ADC,
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`releasing the ADC’s chemotherapeutic drug to kill the cancer cell. This technology is
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`cutting edge. To date, only nine ADCs have been approved by the FDA.
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`3.
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`After its founding in 1998, Seagen pioneered a class of linkers with a
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`cleavable amino acid unit for use in ADCs. This class is often referred to as “protease
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`cleavable” because specialized enzymes within the cell called “proteases” cleave the bonds
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`of the amino acid unit to release the drug. After more than ten years of fundamental
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`research, Seagen received FDA approval for its first ADC employing this technology,
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`ADCETRIS®, in 2011. Of the nine, now-approved ADCs, more use Seagen’s linker
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`technologies than any other.
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`4.
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`All of the products in DSC’s ADC pipeline also use a protease cleavable
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`linker that is covered by the claims of Seagen’s ’039 patent. The currently accused product
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`is DSC’s DS-8201 ADC (now branded ENHERTU®), the first ADC in DSC’s pipeline to be
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`FDA approved. On January 6, 2020, DSC announced DS-8201’s availability in the United
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`States, noting that DSC would be solely responsible for manufacturing and supply. DSC
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`causes DS-8201 to be imported into, offered for sale, sold, and used in the United States.
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`DSC also ultimately books the United States sales of DS-8201, and these sales have totaled
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`more than $70 million to date.
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`5.
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`DSC may seek FDA approval for its other pipeline products covered by the
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`claims of the ’039 patent, including U3-1402, DS-1062, DS-7300, DS-6157, in the near
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`sf-4314096
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`Case 2:20-cv-00337-JRG Document 1 Filed 10/19/20 Page 3 of 13 PageID #: 3Case 1:20-cv-01524-LPS Document 21 Filed 01/26/21 Page 7 of 62 PageID #: 499
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`future. Seagen intends by this Complaint that these products also be accused products
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`should Seagen learn during the course of discovery that DSC has engaged in infringing
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`activities as to these products.
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`THE PARTIES
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`6.
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`Plaintiff Seagen is a biotechnology company formerly known as Seattle
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`Genetics, Inc. Seagen develops and commercializes transformative therapies targeting
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`cancer. Seagen is headquartered in Bothell, Washington, and incorporated under the laws of
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`Delaware.
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`7.
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`Defendant DSC is a Japanese pharmaceutical corporation having its principal
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`place of business at 3-5-1, Nihonbashi Honchō, Chūo-ku, Tokyo 103-8426, Japan.
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`JURISDICTION AND VENUE
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`8.
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`This Court has subject matter jurisdiction under 28 U.S.C. 1331 and under 28
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`U.S.C. § 1400(b).
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`9.
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`This Court has personal jurisdiction over DSC, as DSC conducts business and
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`has committed acts of patent infringement, induced acts of patent infringement, and
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`contributed to patent infringement in the United States, the State of Texas, and the Eastern
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`District of Texas.
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`10. DSC also has sufficient minimum contacts with the forum as a result of
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`business it conducts within Texas and this district. DSC—directly or through subsidiaries
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`or intermediaries including distributors, retailers, and others—offers for sale, and sells (as
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`well distributes, advertises, and markets) products, including DS-8201, that infringe the
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`’039 patent throughout Texas and this district. For example, DSC owns the U.S.
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`registration for the ENHERTU® trademark for DS-8201. DSC acts in concert with others
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`to purposefully and voluntarily place the infringing products in a distribution chain that
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`sf-4314096
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`foreseeably leads to the infringing products being offered for sale, sold, and used in Texas
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`and this district as part of the ordinary stream of commerce. DSC has done so with the
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`expectation that these infringing products have been, and will continue to be, purchased in
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`Texas and this district and that such purchases be part of the ordinary stream of commerce.
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`11.
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`In addition, DSC’s subsidiaries and contractual business partners have
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`operated as agents of DSC as parts of a business group in which executives of DSC make
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`important operational decisions regarding the manufacture, importation, offer for sale, sale,
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`and intended use of the infringing products, including DS-8201. Through these agents, DSC
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`has conducted business and committed acts of infringement in the United States, Texas, and
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`this district.
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`12. Alternatively, to the extent that DSC is not subject to jurisdiction in any state
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`court of general jurisdiction, this Court may exercise jurisdiction over DSC pursuant to
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`Federal Rule of Civil Procedure 4(k)(2) because: (a) Seagen’s claims arise under federal
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`law; and (b) DSC has sufficient contacts with the United States as a whole, including but
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`not limited to manufacturing the infringing products and importing them into the United
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`States and offering for sale, selling, and causing them to be sold in the United States, such
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`that this Court’s exercise of jurisdiction over DSC satisfies due process.
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`13. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1400(b) and
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`28 U.S.C. § 1391(c). DSC is a foreign corporation and may be sued in this district. Venue
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`is further proper because DSC has committed acts of infringement in this district, and has
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`purposely transacted business involving the infringing products in this district.
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`PATENT-IN-SUIT – U.S. PATENT NO. 10,808,039
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`14.
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`Seagen is the sole owner of the ’039 patent and holds the sole right to enforce
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`it. The ’039 patent claims priority to provisional applications filed on November 6, 2003,
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`and March 26, August 4, and October 27, 2004. The inventors were all employees of
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`Seagen at the time the priority applications were filed. Although the ’039 patent issued
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`recently, DSC has been aware of one or more parent applications of the ’039 patent since at
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`least 2008, and it has been aware of the specific application that issued as the ’039 patent
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`since at least June of this year. DSC also has notice of the ’039 patent from the filing of this
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`Complaint.
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`15.
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`The ’039 patent claims technologies associated with ADCs. At the time of
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`the invention, most therapeutics administered to patients to treat cancer—such as
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`chemotherapeutic drugs—were not targeted to cancer cells, resulting in systemic delivery of
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`the therapeutics to cells and tissues of the body, including to healthy cells where they are
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`unnecessary, often undesirable, and can cause considerable adverse side effects. In the late
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`1990s, custom designed antibodies were developed as targeted agents for the treatment of
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`cancer and certain autoimmune diseases, but they, too, had limitations. Combining these
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`antibodies with chemotherapy drugs to deliver them in a targeted fashion was under
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`investigation as a next-generation technology, and chemotherapeutic drugs that bind tubulin
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`(an important protein for cell division), bind DNA, or inhibit topoisomerases (enzymes
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`involved in DNA replication and transcription) were known to be leading candidates. But
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`linkers that would release drugs only in the target cells proved elusive. The first ADC to
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`reach the market had to be withdrawn due to off-target effects thought to be caused by an
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`unstable linker that disassociated before the ADC reached the intended target.
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`16.
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`Seagen’s path-breaking work led to the development of protease-cleavable
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`ADC linkers that were more stable (and thus more likely to deliver chemotherapeutic drugs
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`to target cancer cells) than other linker types, and included research on a range of amino
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`acid motifs that could be used in such linkers. Seagen also developed more predictable
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`sf-4314096
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`“cysteine” conjugation technology (technology which differs from the “lysine” conjugation
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`technology favored by other companies), and technology for arriving at a desired
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`drug-to-antibody ratio or “DAR” (a term that refers to the number of drug units linked to
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`each antibody).
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`DEFENDANT’S INFRINGEMENT
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`17.
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`The claims of the ’039 patent are directed to antibody-drug conjugates
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`comprising a protease cleavable linker of four amino acids in length, wherein each amino
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`acid is either glycine or phenylalanine. The ’039 patent is enforceable and valid, and DSC’s
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`ADC products fall within the scope of the patent rights provided by the claims of the ’039
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`patent.
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`18.
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`The claims of the ’039 patent cover ADCs with linkers having the formula –
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`Aa—Ww—Yy–, wherein Aa is a stretcher unit that bonds to a sulfur atom of the amino acid
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`cysteine in the antibody, Ww is an amino acid unit, and Yy is a spacer unit between the
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`amino acid unit and the drug. Independent claim 1 provides that the stretcher unit Aa is the
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`maleimide maleimidocaproyl, or “mc,” as shown in the diagram below.
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`sf-4314096
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`19.
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`Claim 1 further provides that the amino acid unit Ww is a tetrapeptide of four
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`amino acids in length, with each amino acid having the formula shown below in which R19
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`is either hydrogen (i.e., the amino acid glycine, or “G”) or benzyl (i.e., the amino acid
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`phenylalanine, or “F”):
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`20.
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`Claim 4, which includes the limitations of claims 1, 2, and 3, and the claims
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`that depend from claim 4, are exemplary on the issue of infringement. DSC’s ADCs with
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`this linker infringe Claim 4 because they comprise a maleimidocaproyl stretcher unit that
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`bonds to a sulfur atom of the amino acid cysteine in the antibody, a tetrapeptide amino acid
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`unit with the amino acid motif GGFG, and a self-immolative spacer unit. The
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`drug-to-antibody ratio for these ADCs is about 3 to about 8. The chart below provides more
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`detail regarding how DS-8201 infringes claim 4. U3-1402, DS-1062, DS-7300, DS-6157 all
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`use the same linker as DS-8201.
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`sf-4314096
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`7
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`DS-8201
`DS-8201 is an antibody-drug conjugate. In
`DS-8201, the payload drug is conjugated to
`the antibody using a linker that has the
`claimed formula, including a stretcher unit
`mc, an amino acid unit Ww with the
`tetrapeptide motif GGFG, and an
`aminomethylene spacer unit Yy:
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`Claim 4
`1. An antibody-drug conjugate having the
`formula:
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`O
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`Ww Yy D
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`p
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`
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`NO
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`O
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`Ab
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`S
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`or a pharmaceutically acceptable salt
`thereof, wherein:
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`
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`In DS-8201, the antibody to which drugs
`are conjugated is trastuzumab.
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`In DS-8201, the linker’s stretcher unit mc
`bonds to sulfur atoms on cysteine residues
`of the antibody.
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`In DS-8201, the linker has an amino acid
`unit with the tetrapeptide motif GGFG.
`Glycine, or G, corresponds with the
`claimed amino acid formula wherein R19 is
`hydrogen. Phenylalanine, or F, corresponds
`with the claimed amino acid formula
`wherein R19 is benzyl.
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`In DS-8201, the linker has an
`aminomethylene spacer unit.
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`Ab is an antibody,
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`S is sulfur,
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`each -Ww - unit is a tetrapeptide; wherein each
`–W– unit is independently an Amino Acid
`unit having the formula denoted below in the
`square bracket:
`
`O
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`HN
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`R19
`, wherein R19 is hydrogen or benzyl,
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`Y is a Spacer unit,
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`sf-4314096
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`y is 0, 1 or 2,
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`In DS-8201, there is one spacer, so y is 1.
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`D is a drug moiety, and
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`p ranges from 1 to about 20, and
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`wherein the S is a sulfur atom on a cysteine
`residue of the antibody, and
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`wherein the drug moiety is intracellularly
`cleaved in a patient from the antibody of
`the antibody-drug conjugate or an
`intracellular metabolite of the antibody-
`drug conjugate.
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`In DS-8201, the drug that is conjugated to
`the antibody with the linker is the
`camptothecin derivative DXd, which acts as
`a topoisomerase inhibitor.
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`In DS-8201, the value of p, which
`represents drug loading in terms of the
`drug-to-antibody ratio or “DAR”, is about
`7.7.
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`In DS-8201, the linker’s stretcher unit mc
`bonds to sulfur atoms on cysteine residues
`of the antibody.
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`DS-8201’s linker is cleaved within the cell
`by proteases to release the camptothecin
`derivative drug DXd.
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`2. The antibody-drug conjugate of claim 1,
`wherein Y is a self-immolative spacer.
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`In DS-8201, the linker’s aminomethylene
`spacer unit is self-immolative.
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`3. The antibody-drug conjugate of claim 2,
`wherein y is 1.
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`4. The antibody-drug conjugate of claim 3,
`wherein p is about 3 to about 8.
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`In DS-8201, there is one spacer, so y is 1.
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`In DS-8201, the value of p, which
`represents drug loading in terms of the
`drug-to-antibody ration or “DAR”, is about
`7.7.
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`sf-4314096
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`COUNT I: ENFORCEMENT OF U.S. PATENT NO. 10,808,039 AS TO ACTS OF
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`INFRINGEMENT BY DEFENDANT
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`21.
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`Seagen hereby restates and re-alleges the allegations set forth in paragraphs 1
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`through 20 above and incorporates them by reference.
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`22. DSC has been and is now directly infringing, contributing to infringement,
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`and inducing others to infringe the ’039 patent in this district and elsewhere in violation of
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`35 U.S.C. § 271 at least by making, using, selling, offering to sell, and importing into the
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`United States ADC products, including DS-8201, that meet the limitations of one or more
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`claims of the ’039 patent.
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`23. DSC has committed infringing acts without the permission, consent,
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`authorization, or license of Seagen.
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`24. DSC’s infringement is literal or under the doctrine of equivalents, or both.
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`25. DSC, in addition to its own direct infringement, is currently actively inducing
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`and encouraging infringement of the ’039 patent, and will continue to actively induce and
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`encourage infringement of the ’039 patent. DSC has known of the ’039 patent at least since
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`the time of Seagen’s transmittal of this Complaint to DSC, and had prior knowledge of the
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`application from which it issued. DSC nevertheless actively encourages others to infringe
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`the ’039 patent such as by promoting and encouraging the use of the infringing products,
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`including DS-8201. DSC knowingly induces infringement by others, including importers,
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`manufacturers, sellers, and users of the infringing products, including DS-8201. These facts
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`give rise to a reasonable inference that DSC knowingly induces others, including importers,
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`manufacturers, sellers, and users, to directly infringe the ’039 patent, and that DSC
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`possesses a specific intent to cause such infringement. Importers, manufacturers, sellers,
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`and users of the infringing products directly infringe the ’039 patent.
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`sf-4314096
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`26. DSC also contributes to infringement of the ’039 patent by manufacturing,
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`offering to sell, or selling within the United States or importing into the United States
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`components of the infringing products, including linkers such as those found in DS-8201,
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`while having knowledge of the ’039 patent and knowledge that these components are
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`especially made or especially adapted for use in products that infringe the ’039 patent.
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`These components are not staple articles or commodities of commerce suitable for
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`substantial noninfringing uses. Importers, manufacturers, sellers, and users of the infringing
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`products including these components directly infringe the ’039 patent.
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`27.
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` DSC’s infringement has been willful. DSC had knowledge of the parent
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`applications of the ’039 patent, including the application that issued as the ’039 patent and
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`its published claims, before the filing of this Complaint. DSC has proceeded to make, use,
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`offer for sale, sell, and import the infringing products, including DS-8201, despite knowing
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`that the products would infringe the ’039 patent, and DSC have continued to make, use,
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`offer for sale, sell, and import the infringing products, including DS-8201, since the filing of
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`this Complaint. DSC was also generally aware of Seagen’s linker technology, inquired
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`about it, and directly compared it to the linkers in DSC’s infringing products, including
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`DS-8201, in articles, analyses, and presentations. For these and other reasons, DSC’s
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`infringing acts have been egregious.
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`28. As a direct and proximate result of DSC’s infringement of the ’039 patent,
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`Seagen has suffered, and will continue to suffer damages, including lost profits.
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`29.
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`Seagen has also suffered damages from DSC’s infringement of Seagen’s
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`provisional rights in the ’039 patent, as DSC was on notice of the published patent
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`application for the ’039 patent and the issued claims are substantially identical to claims in
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`the published application.
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`sf-4314096
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`PRAYER FOR RELIEF
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`WHEREFORE, Seagen respectfully requests the following relief:
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`a.
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`Judgment in Seagen’s favor against DSC that DSC infringed one or more valid
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`and enforceable claims of the ’039 patent;
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`b.
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`c.
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`A finding that DSC’s infringement was willful;
`
`An award of damages to Seagen in an amount to be proven at trial, including lost
`
`profits but in no event less than a reasonable royalty, as well as pre-judgment and post-judgment
`
`interest at the maximum rate permitted by law;
`
`d.
`
`An award of attorney fees and enhancement of any damages by virtue of the
`
`exceptional nature of this case under 35 U.S.C. § 285;
`
`e.
`
`f.
`
`A running royalty; and
`
`Such other relief as the Court deems just and proper.
`
`DEMAND FOR JURY TRIAL
`
`Seagen hereby demands trial by jury of all claims and issues so triable presented in this
`
`Complaint.
`
`sf-4314096
`
`12
`
`

`

`
`
`Case 2:20-cv-00337-JRG Document 1 Filed 10/19/20 Page 13 of 13 PageID #: 13Case 1:20-cv-01524-LPS Document 21 Filed 01/26/21 Page 17 of 62 PageID #: 509
`
`Dated: October 19, 2020 CT
`
`(October 20, 2020 ET)
`
`
`By: /s/ Melissa R. Smith
`Michael A. Jacobs (pro hac vice pending)
`MJacobs@mofo.com
`Matthew A. Chivvis (pro hac vice pending)
`MChivvis@mofo.com
`MORRISON & FOERSTER LLP
`425 Market Street
`San Francisco, CA 94105
`Telephone: 415.268.7000
`Facsimile: 415.268.7522
`
`Bryan Wilson (pro hac vice pending)
`BWilson@mofo.com
`Pieter S. de Ganon (pro hac vice pending)
`PdeGanon@mofo.com
`MORRISON & FOERSTER LLP
`755 Page Mill Road
`Palo Alto, California 94304-1018
`Telephone: 650.813.5600
`Facsimile: 650.494.0792
`
`Melissa R. Smith
`Texas State Bar No. 24001351
`melissa@gillamsmithlaw.com
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: 903.934.8450
`Facsimile: 903.934.9257
`
`Of Counsel:
`
`T. John Ward, Jr.
`Texas State Bar No. 00794818
`jw@wsfirm.com
`Charles Everingham IV
`Texas State Bar No. 00787447
`ce@wsfirm.com
`Andrea L. Fair
`Texas State Bar No. 24078488
`andrea@wsfirm.com
`WARD, SMITH & HILL, PLLC
`1507 Bill Owens Parkway
`Longview, Texas 75604
`Telephone: 903.757.6400
`Facsimile: 903.757.2323
`Attorneys for Plaintiff Seagen Inc.
`
`sf-4314096
`
`13
`
`

`

`
`Case 2:20-cv-00337-JRG Document 1-1 Filed 10/19/20 Page 1 of 2 PageID #: 14Case 1:20-cv-01524-LPS Document 21 Filed 01/26/21 Page 18 of 62 PageID #: 510
`CIVIL COVER SHEET
`JS 44 (Rev. 10/20)
`The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
`provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
`purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
`I. (a) PLAINTIFFS
`DEFENDANTS
`
` Seagen Inc.
`(b) County of Residence of First Listed Plaintiff
`Bothell, Washington
`(EXCEPT IN U.S. PLAINTIFF CASES)
`
`(c) Attorneys (Firm Name, Address, and Telephone Number)
`MORRISON & FOERSTER LLP; 425 Market Street
`San Francisco, CA 94105; Telephone: 415.268.7000
`
`II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
`1 U.S. Government
`3 Federal Question
`Plaintiff
`(U.S. Government Not a Party)
`
`✖
`
`Daiichi Sankyo Co., Ltd.
`
`NOTE:
`
`Tokyo, Japan
`County of Residence of First Listed Defendant
`(IN U.S. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF
`THE TRACT OF LAND INVOLVED.
`Attorneys (If Known)
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
`and One Box for Defendant)
`(For Diversity Cases Only)
`PTF
`DEF
`PTF
`DEF
`1
`1
`4
`
`Incorporated or Principal Place
`of Business In This State
`
`4
`
`Citizen of This State
`
`2 U.S. Government
`Defendant
`
`4 Diversity
`(Indicate Citizenship of Parties in Item III)
`
`Citizen of Another State
`
`Citizen or Subject of a
`Foreign Country
`
`FORFEITURE/PENALTY
`625 Drug Related Seizure
`of Property 21 USC 881
`690 Other
`
`LABOR
`710 Fair Labor Standards
`Act
`720 Labor/Management
`Relations
`740 Railway Labor Act
`751 Family and Medical
`Leave Act
`790 Other Labor Litigation
`791 Employee Retirement
`Income Security Act
`
`IMMIGRATION
`462 Naturalization Application
`465 Other Immigration
`Actions
`
`2
`
`3
`
`2
`
`3
`
`Incorporated and Principal Place
`of Business In Another State
`
`Foreign Nation
`
`5
`
`6
`
`5
`
`6
`
`Click here for: Nature of Suit Code Descriptions.
`BANKRUPTCY
`OTHER STATUTES
`422 Appeal 28 USC 158
`375 False Claims Act
`423 Withdrawal
`376 Qui Tam (31 USC
`28 USC 157
`3729(a))
`400 State Reapportionment
`410 Antitrust
`430 Banks and Banking
`450 Commerce
`460 Deportation
`470 Racketeer Influenced and
`Corrupt Organizations
`480 Consumer Credit
`(15 USC 1681 or 1692)
`485 Telephone Consumer
`Protection Act
`490 Cable/Sat TV
`850 Securities/Commodities/
`Exchange
`890 Other Statutory Actions
`891 Agricultural Acts
`893 Environmental Matters
`895 Freedom of Information
`Act
`896 Arbitration
`899 Administrative Procedure
`Act/Review or Appeal of
`Agency Decision
`950 Constitutionality of
`State Statutes
`
`✖
`
`PROPERTY RIGHTS
`820 Copyrights
`830 Patent
`835 Patent - Abbreviated
`New Drug Application
`840 Trademark
`880 Defend Trade Secrets
`Act of 2016
`
`SOCIAL SECURITY
`861 HIA (1395ff)
`862 Black Lung (923)
`863 DIWC/DIWW (405(g))
`864 SSID Title XVI
`865 RSI (405(g))
`
`FEDERAL TAX SUITS
`870 Taxes (U.S. Plaintiff
`or Defendant)
`871 IRS—Third Party
`26 USC 7609
`
`IV. NATURE OF SUIT (Place an “X” in One Box Only)
`CONTRACT
`TORTS
`PERSONAL INJURY
`PERSONAL INJURY
`110 Insurance
`120 Marine
`310 Airplane
`365 Personal Injury -
`130 Miller Act
`315 Airplane Product
`Product Liability
`140 Negotiable Instrument
`Liability
`367 Health Care/
`150 Recovery of Overpayment
`320 Assault, Libel &
`Pharmaceutical
`& Enforcement of Judgment
`Slander
`Personal Injury
`151 Medicare Act
`330 Federal Employers’
`Product Liability
`152 Recovery of Defaulted
`Liability
`368 Asbestos Personal
`Student Loans
`340 Marine
`Injury Product
`(Excludes Veterans)
`345 Marine Product
`Liability
`PERSONAL PROPERTY
`153 Recovery of Overpayment
`Liability
`of Veteran’s Benefits
`350 Motor Vehicle
`370 Other Fraud
`160 Stockholders’ Suits
`355 Motor Vehicle
`371 Truth in Lending
`190 Other Contract
`Product Liability
`380 Other Personal
`195 Contract Product Liability
`360 Other Personal
`Property Damage
`196 Franchise
`Injury
`385 Property Damage
`362 Personal Injury -
`Product Liability
`Medical Malpractice
`CIVIL RIGHTS
`440 Other Civil Rights
`441 Voting
`442 Employment
`443 Housing/
`Accommodations
`445 Amer. w/Disabilities -
`Employment
`446 Amer. w/Disabilities -
`Other
`448 Education
`
`REAL PROPERTY
`210 Land Condemnation
`220 Foreclosure
`230 Rent Lease & Ejectment
`240 Torts to Land
`245 Tort Product Liability
`290 All Other Real Property
`
`PRISONER PETITIONS
`Habeas Corpus:
`463 Alien Detainee
`510 Motions to Vacate
`Sentence
`530 General
`535 Death Penalty
`Other:
`540 Mandamus & Other
`550 Civil Rights
`555 Prison Condition
`560 Civil Detainee -
`Conditions of
`Confinement
`
`V. ORIGIN (Place an “X” in One Box Only)
`1 Original
`2 Removed from
`Proceeding
`State Court
`
`✖
`
`3 Remanded from
`Appellate Court
`
`4 Reinstated or
`Reopened
`
`6 Multidistrict
`Litigation -
`Transfer
`
`8 Multidistrict
`Litigation -
`Direct File
`
`5 Transferred from
`Another District
`(specify)
`Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
`35 U.S.C. § 271
`Brief description of cause:
`Patent Infringement
`CHECK IF THIS IS A CLASS ACTION
`UNDER RULE 23, F.R.Cv.P.
`
`VI. CAUSE OF ACTION
`
`VII. REQUESTED IN
`COMPLAINT:
`VIII. RELATED CASE(S)
` IF ANY
`DATE
`10/19/2020
`FOR OFFICE USE ONLY
`
`DEMAND $
`
`CHECK YES only if demanded in complaint:
`JURY DEMAND:
`Yes
`No
`
`✖
`
`(See instructions):
`
`JUDGE
`SIGNATURE OF ATTORNEY OF RECORD
`Melissa R. Smith
`
`DOCKET NUMBER
`
`Digitally signed by Melissa R. Smith
`Date: 2020.10.19 22:03:46 -05'00'
`
`RECEIPT #
`
`AMOUNT
`
`APPLYING IFP
`
`JUDGE
`
`MAG. JUDGE
`
`

`

`
`Case 2:20-cv-00337-JRG Document 1-1 Filed 10/19/20 Page 2 of 2 PageID #: 15Case 1:20-cv-01524-LPS Document 21 Filed 01/26/21 Page 19 of 62 PageID #: 511
`JS 44 Reverse (Rev. 10/20)
`INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
`Authority For Civil Cover Sheet
`
`The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
`required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
`required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
`Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
`
`I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
`only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then
`the official, giving both name and title.
` (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
`time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
`condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
` (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment,