`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`C. A. No. 20-1524-LPS
`
`
`
`
`
`
` )
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Plaintiffs,
`
`Defendant.
`
`
`DAIICHI SANKYO, INC., DAIICHI SANKYO
`COMPANY, LIMITED, and ASTRAZENECA
`PHARMACEUTICALS LP
`
`
`
`v.
`
`SEAGEN INC.,
`
`
`
`
`
`
`
`
`
`
`
`PLAINTIFFS’ NOTICE OF SECOND POST-GRANT REVIEW PETITION
`
`
`
`Plaintiffs Daiichi Sankyo, Inc. (“Daiichi Sankyo US”), Daiichi Sankyo Company, Limited
`
`(“Daiichi Sankyo Japan”), and AstraZeneca Pharmaceuticals, LP (“AstraZeneca US”) notify the
`
`Court that on January 22, 2021, Daiichi Sankyo US and AstraZeneca US filed a Petition for Post-
`
`Grant Review seeking cancelation of Claims 6–8 of Defendant Seagen Inc.’s U.S. Patent No.
`
`10,808,039 (the “’039 Patent”), the sole patent at issue in this declaratory judgment action. Daiichi
`
`Sankyo US and AstraZeneca US previously filed a Petition for Post-Grant Review seeking
`
`cancelation of Claims 1–5, 9, and 10 of the ’039 Patent on December 23, 2020. (See D.I. 14.) All
`
`claims of the ’039 Patent are now subject to a pending petition for post-grant review. While
`
`Daiichi Sankyo Japan is not a party to either Petition, Daiichi Sankyo Japan is a real party-in-
`
`interest to both Petitions. Daiichi Sankyo US is a Delaware corporation and subsidiary of Daiichi
`
`Sankyo Japan. It is the only company licensed by the United States Food and Drug Administration
`
`to sell Enhertu®, the product at issue in this action. AstraZeneca US co-markets Enhertu® with
`
`Daiichi Sankyo US. The Patent Trial and Appeal Board will decide whether to institute post-grant
`
`review of Claims 1–5, 9, and 10 of the ’039 Patent by July 26, 2021.
`
`
`
`{01655963;v1 }
`
`
`
`
`
`Case 1:20-cv-01524-LPS Document 22 Filed 01/26/21 Page 2 of 2 PageID #: 556
`
`
`
`
`
`
`
`
`Of Counsel:
`
`Preston K. Ratliff II
`Joseph M. O’Malley, Jr.
`Ashley N. Mays-Williams
`Paul Hastings LLP
`200 Park Avenue
`New York, NY 10166
`(212) 318-6000
`
`Naveen Modi
`Michael A. Stramiello
`Paul Hastings LLP
`2050 M Street NW
`Washington, D.C. 20036
`(202) 551-1700
`
`
`
`
`
`
`
`Of Counsel:
`
`David I. Berl
`Thomas S. Fletcher
`Williams & Connolly LLP
`725 Twelfth St. NW
`Washington, DC 20005
`(202) 434-5000
`
`Dated: January 26, 2021
`
`{01655963;v1 }
`
`
`ASHBY & GEDDES
`
`/s/ Steven J. Balick
`Steven J. Balick (#2114)
`Andrew C. Mayo (#5207)
`500 Delaware Avenue, 8th Floor
`P.O. Box 1150
`Wilmington, DE 19899
`(302) 654-1888
`sbalick@ashbygeddes.com
`amayo@ashbygeddes.com
`
`Attorneys for Plaintiffs Daiichi Sankyo, Inc.
`and Daiichi Sankyo Company, Limited
`
`
`MCCARTER & ENGLISH, LLP
`
`/s/ Daniel M. Silver
`Michael P. Kelly (# 2295)
`Daniel M. Silver (#4758)
`Renaissance Centre
`405 N. King Street, 8th Floor
`Wilmington, Delaware 19801
`Tel.: (302) 984-6300
`Fax: (302) 984-6399
`mkelly@mccarter.com
`dsilver@mccarter.com
`
`Attorneys for Plaintiff AstraZeneca
`Pharmaceuticals LP
`
`
`
`
`
`- 2 -
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
