`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`SEAGEN INC.,
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`Plaintiff,
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`v.
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`DAIICHI SANKYO CO., LTD.,
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`Defendant,
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`ASTRAZENECA PHARMACEUTICALS
`LP, and ASTRAZENECA UK LTD
`
`Intervenor-Defendants.
`
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`CIVIL ACTION NO. 2:20-CV-00337-JRG
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`ORDER
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`The Court issues this Order sua sponte. On January 28, 2022, Defendant Daiichi Sankyo
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`Co., Ltd. (“DSC”) filed its Response in Opposition to Seagen, Inc.’s (“Seagen”) Motion for Leave
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`to use Certain Documents in Co-Pending Arbitration (“DSC’s Opposition”). (Dkt. No. 278).
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`DSC’s Opposition raises serious allegations regarding an alleged violation of the Court’s
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`Discovery Order and Protective Order. (E.g., id. at 1, 5–7) (“In sum, Seagen repeatedly violated
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`the Court’s Discovery Order and Protective Order by quoting, displaying, providing, summarizing,
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`describing, and referencing the contents of the Texas Discovery Material.”). The Court takes
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`these allegations seriously, and the Court will not hesitate to issue sanctions if it finds its orders
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`have been ignored.1 Accordingly, it is ORDERED that if DSC believes Seagen has
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`engaged in sanctionable conduct regarding the Court’s Discovery Order and Protective Order,
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`it shall move for sanctions no later than February 10, 2022. Said motion shall
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`1 See CEATS, Inc. v. TicketNetwork, Inc., No. 2:15-cv-01470, 2021 WL 3738847 (E.D. Tex. Aug. 24, 2021).
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`
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`Case 2:20-cv-00337-JRG Document 286 Filed 02/02/22 Page 2 of 2 PageID #: 10728
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`unambiguously describe the allegedly sanctionable conduct and circumstances related thereto,
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`supported by accompanying exhibits (if applicable), and not exceed ten (10) pages in length.
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`Should DSC file such motion, Seagen may file a response in opposition no later than
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`February 17, 2022. Seagen’s response shall not exceed ten (10) pages in length. No reply or
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`sur-reply shall be filed without advanced leave from the Court. Should, however, despite the
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`language employed by DSC in its Opposition, an affirmative motion for sanctions not be
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`filed by DSC on or before February 10, 2022, then the Court will consider such allegations to
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`be unfounded and proceed to consider Seagen’s Motion without the cloud imposed by DSC’s
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`strong words.2
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`2 Said another way, DSC needs to fish or cut bait.
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`2
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`.
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`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
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`So ORDERED and SIGNED this 2nd day of February, 2022.
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