`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`DAIICHI SANKYO, INC., DAIICHI
`SANKYO COMPANY, LIMITED, and
`ASTRAZENECA PHARMACEUTICALS LP,
`
`
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`
`
`SEAGEN INC.,
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`
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`
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`v.
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`
`
`Plaintiffs,
`
`Defendant.
`
`
`
`
`
`
`C.A. No. 20-1524-LPS
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`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
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`
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`JOINT STATUS REPORT
`
`Pursuant to the Court’s August 2, 2021 Order (D.I. 38), the parties provide this update
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`regarding the action pending in the Eastern District of Texas1 and Seagen Inc.’s (“Seagen’s”)
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`patent at issue in the above-captioned action and the Texas case (“the ’039 patent”).
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`On July 16, 2021, Seagen dropped from the Texas case Claims 6-8 of the ’039 patent,
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`and the claim for a declaratory judgment of non-infringement concerning those Claims remains
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`pending in the above-captioned action. On July 28, 2021, Judge Gilstrap granted AstraZeneca
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`Pharmaceuticals LP and AstraZeneca UK Ltd.’s unopposed motion to intervene as defendants in
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`the Texas case, noting that the existing parties (Seagen and Daiichi Sankyo Co., Ltd.) had
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`“agreed to allow the intervention in a manner that does not disrupt the existing schedule or
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`expand the scope of the case.” Ex. A at 2. Fact discovery is ongoing in the Texas case, and
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`Judge Gilstrap issued a claim construction order on September 14, 2021. Ex. B. The order
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`further directed the parties to meet and confer in good faith “regarding another effort to mediate
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`this case” within 30 days. Ex. B at 42.
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`1 Seagen Inc. v. Daiichi Sankyo Company, Limited, No. 2:20-337 (E.D. Tex.) (“Texas case”).
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`
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`Case 1:20-cv-01524-LPS Document 39 Filed 09/30/21 Page 2 of 3 PageID #: 922
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`
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`Furthermore, on July 26, 2021, Daiichi Sankyo, Inc. and AstraZeneca Pharmaceuticals
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`LP (“AstraZeneca LP”) requested rehearing of the Patent Trial and Appeal Board’s denial of
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`their petitions for post-grant review of the ’039 patent (see D.I. 37 at 1-2) before a Precedential
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`Opinion Panel. The Board denied the requests for Precedential Opinion Panel review on
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`September 17, 2021. Daiichi Sankyo Inc. and AstraZeneca LP’s requests for rehearing before
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`the Patent Trial and Appeal Board remain pending. See Exs. C-D.
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`In light of the foregoing, Seagen respectfully submits that this action should be
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`dismissed, or that the current stay (expiring November 5, 2021) be extended to remain in place
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`until the final adjudication of or dismissal of the Texas case. Should the Court extend the current
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`stay, Seagen further proposes that the parties submit a further Joint Status Report to this Court
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`within ten (10) days of entry of final judgment or a dismissal of the Texas case.
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`Daiichi Sankyo, Inc. and AstraZeneca LP respectfully submit that the stay of this action,
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`which currently expires on November 5, 2021, should be extended another 90 days to permit the
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`parties to reach mutual agreement as to (1) how to address Claims 6-8 of the ’039 patent, which
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`do not overlap between the Texas action and this action and (2) whether the stay should be
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`extended until the final adjudication of or dismissal of the Texas case.
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`
`
`2
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`
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`Case 1:20-cv-01524-LPS Document 39 Filed 09/30/21 Page 3 of 3 PageID #: 923
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`
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`ASHBY & GEDDES
`
`
`/s/ Steven J. Balick
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`
`
`
`Steven J. Balick (No. 2114)
`Andrew C. Mayo (No. 5207)
`500 Delaware Avenue, 8th Floor
`P.O. Box 1150
`Wilmington, Delaware 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/ Alexandra M. Joyce
`
`
`
`
`Michael P. Kelly (No. 2295)
`Daniel M. Silver (No. 4758)
`Alexandra M. Joyce (No. 6423)
`Renaissance Centre
`405 N. King Street, 8th Floor
`Wilmington, Delaware 19801
`(302) 984-6300
`mkelly@mccarter.com
`dsilver@mccarter.com
`ajoyce@mccarter.com
`
`Attorneys for Plaintiff
`AstraZeneca Pharmaceuticals LP
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`Dated: September 30, 2021
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`YOUNG CONAWAY STARGATT
`& TAYLOR, LLP
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`/s/ Samantha G. Wilson
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`
`
`Anne Shea Gaza (No. 4093)
`Samantha G. Wilson (No. 5816)
`Rodney Square
`1000 North King Street
`Wilmington, Delaware 19801
`(302) 571-6600
`agaza@ycst.com
`swilson@ycst.com
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`Attorneys for Defendant
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`
`3
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`
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