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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`CIVIL ACTION NO. 2:20-cv-00337
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`JURY TRIAL DEMANDED
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`SEAGEN INC.,
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`Plaintiff,
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`v.
`DAIICHI SANKYO CO., LTD.,
`Defendant.
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`UNOPPOSED RENEWED MOTION FOR ORAL HEARING
`REGARDING DAIICHI SANKYO COMPANY, LIMITED’S MOTION TO DISMISS
`(DKT. 22) AND MOTION TO TRANSFER (DKT. 24)
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`Defendant Daiichi Sankyo Company, Limited (“Daiichi Sankyo Japan”) respectfully
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`renews its request for an oral hearing that collectively addresses Daiichi Sankyo Japan’s Motion
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`to Dismiss for Lack of Subject Matter Jurisdiction and Lack of Personal Jurisdiction (“Motion to
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`Dismiss”, Dkt. 22) and Motion to Transfer on the Basis of Inconvenience under 28 U.S.C. §1404
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`to the District of Delaware (“Motion to Transfer”; Dkt. 24) now that supplemental briefing as to
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`these motions is complete.
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`In further support thereof, Daiichi Sankyo Japan states as follows:
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`1.
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`On January 5, 2021, Daiichi Sankyo Japan filed its Motion to Transfer and Motion
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`to Dismiss. Daiichi Sankyo Japan sought oral argument on these motions on April 19, 2021. (Dkt.
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`80.)
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`2.
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`After Daiichi Sankyo Japan’s original request, however, the parties engaged in
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`additional jurisdictional and venue discovery and filed supplemental briefing in connection
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`therewith. As of June 4, 2021, the motions are now fully briefed and there are no pending requests
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`for additional discovery or briefing.
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`3.
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`Deadlines for substantive issues also are rapidly approaching. Seagen’s opening
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`Case 2:20-cv-00337-JRG Document 113 Filed 06/18/21 Page 2 of 4 PageID #: 4227
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`claim construction brief is due on July 16, 2021, and a claim construction hearing is scheduled for
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`August 27, 2021. (Dkt. 48.)
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`4.
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`Additionally, in a related lawsuit in the District of Delaware (Case No. 20-1524),
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`which was brought by Daiichi Sankyo Japan, along with non-parties AstraZeneca Pharmaceuticals
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`LP (“AstraZeneca US”) and Daiichi Sankyo, Inc. (“Daiichi Sankyo US”), currently is stayed
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`pending this Court’s ruling on the pending Motion to Transfer. Judge Stark instituted a stay, “for
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`no more than 90 days,” after a hearing on Seagen’s Motion to Stay or Dismiss, to allow this Court
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`to consider the pending venue motion in the first instance. That stay expires on July 27, 2021. A
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`copy of the Complaint in the Delaware action is attached hereto as Exhibit 1 and a copy of Judge
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`Stark’s order is attached hereto as Exhibit 2.
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`5.
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`Daiichi Sankyo Japan respectfully submits that a joint hearing on these motions
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`would maximize judicial economy. For example, if this Court grants the Motion the Dismiss—
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`either for lack of subject matter jurisdiction or lack of personal jurisdiction—it would moot the
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`Motion to Transfer.
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`6.
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`Daiichi Sankyo Japan conferred with Seagen and is authorized to represent that
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`Seagen does not believe a hearing is necessary, but does not oppose Defendant’s motion.
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`Accordingly, Daiichi Sankyo Japan respectfully requests oral hearing to encompass
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`argument on Daiichi Sankyo Japan’s Motion to Dismiss (Dkt. 22) and Motion to Transfer (Dkt.
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`24).
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`2
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`Case 2:20-cv-00337-JRG Document 113 Filed 06/18/21 Page 3 of 4 PageID #: 4228
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`Dated: June 18, 2021
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`Respectfully submitted,
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`/s/ Deron R. Dacus
`Deron R. Dacus
`State Bar No. 00790553
`The Dacus Firm, P.C.
`821 ESE Loop 323, Suite 430
`Tyler, Texas, 75701
`+1 (903) 705-1117
`+1 (903) 581-2543 facsimile
`ddacus@dacusfirm.com
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`J. Mark Mann
`State Bar No. 12926150
`mark@themannfirm.com
`MANN | TINDEL | THOMPSON
`300 West Main Street
`Henderson, Texas 75652
`(903) 657-8540
`(903) 657-6003 (fax)
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`Attorneys for Defendant Daiichi
`Sankyo Company, Limited
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`OF COUNSEL:
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`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
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`Attorneys for Defendant Daiichi
`Sankyo Company, Limited
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`Case 2:20-cv-00337-JRG Document 113 Filed 06/18/21 Page 4 of 4 PageID #: 4229
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`CERTIFICATE OF SERVICE
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`I hereby certify that counsel of record who are deemed to have consented to electronic
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`service are being served this 18th day of June, 2021, with a copy of this document via the Court’s
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`CM/ECF system per Local Rule CV-5(a)(3).
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`/s/ Deron R. Dacus
`Deron R. Dacus
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`CERTIFICATE OF CONFERENCE
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`The undersigned certifies that Defendant’s counsel has conferred with Plaintiff’s counsel
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`pursuant to Local Rule CV-7(h) and that the foregoing motion is unopposed.
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`/s/ Deron R. Dacus
`Deron R. Dacus
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`4
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