`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`SEAGEN INC.,
`
`CIVIL ACTION NO. 2:20-cv-00337
`
`Plaintiff,
`
`v.
`DAIICHI SANKYO CO., LTD.,
`Defendant.
`
`JURY TRIAL DEMANDED
`
`UNOPPOSED MOTION TO WITHDRAW PREVIOUSLY FILED RETURN OF
`SERVICE FORM AND TO SUBSTITUTE ATTACHED WAIVER OF SERVICE FORM
`Plaintiff Seagen Inc. (“Seagen”) moves the Court to withdraw the previously filed Return
`of Summons (ECF No. 13) and to substitute the attached Waiver of the Service of Summons
`form pursuant to Rule 4 of the Federal Rules of Civil Procedure. In support of its Motion,
`Seagen states as follows:
`1.
`On October 19, 2020, Seagen filed its Complaint alleging patent infringement
`against Daiichi Sankyo Co., Ltd. (“DSC”). (ECF No. 1.)
`2.
`On October 23, 2020, Seagen filed a return of summons as to Stuart Mackey
`(ECF No. 13), and on October 29, 2020, DSC objected to service on Mr. Mackey. A dispute
`arose between the Parties as to whether service of process was proper.
`3.
`On November 6, 2020, Seagen requested that DSC agree to waive service of the
`Summons and Complaint such that the date on which DSC must move, answer, or otherwise
`respond to Seagen’s Complaint would be 60 days after the request for waiver was sent.
`4.
`On November 12, 2020, DSC agreed to waive service of the Summons and
`Complaint such that the date on which DSC must move, answer, or otherwise respond to
`Seagen’s Complaint is 60 days after Seagen sent DSC the request for waiver. DSC does not
`oppose SGI’s withdrawal of the return of summons as to Mr. Mackey. A copy of the executed
`
`sf-4376012
`
`
`
`Case 2:20-cv-00337-JRG Document 14 Filed 11/12/20 Page 2 of 3 PageID #: 39
`
`waiver is attached as Exhibit A.
`WHEREFORE, Seagen requests that the Court withdraw the return of summons as to Mr.
`Mackey (ECF No. 13) and accept the attached Waiver of Service. Seagen respectfully requests
`that the court set January 5, 2021, as the date on which DSC is required to move, answer, or
`otherwise respond to Seagen’s Complaint.
`
`Dated: November 12, 2020
`
`
`
`Respectfully submitted,
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`/s/ Melissa R. Smith
`Melissa Smith
`Texas Bar No. 24001351
`Gillam Smith LLP
`303 South Washington Avenue,
`Marshall, Texas 75670
`Phone: 903.934.8450
`Fax: 903.934.9257
`Email: melissa@gillamsmithlaw.com
`
`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
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`2
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`Case 2:20-cv-00337-JRG Document 14 Filed 11/12/20 Page 3 of 3 PageID #: 40
`
`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.
`
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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the above and foregoing
`
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`
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`document has been served, via the Court’s CM/ECF system per Local Rule CV-5(a) (3) upon all
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`counsel of record on November 12, 2020.
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`/s/ Melissa R. Smith
`Melissa R. Smith
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`3
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