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`IN THE UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`Civil Action No. 2:20-CV-00337-JRG
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`SEAGEN INC.,
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`v.
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`Plaintiff,
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`DAIICHI SANKYO CO., LTD.,
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`Defendant,
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`ASTRAZENECA PHARMACEUTICALS LP, and
`ASTRAZENECA UK LTD,
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`Intervenor-Defendants.
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`SEAGEN’S OPPOSED MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF
`SEAGEN’S MOTION FOR LEAVE TO USE CERTAIN DOCUMENTS PRODUCED
`BY DAIICHI SANKYO CO., LTD IN CO-PENDING PROCEEDING
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`Seagen moves for leave pursuant to the Discovery Order (Dkt. 51) to file the attached
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`reply in support of Seagen’s January 14 motion for leave regarding cross-use. (Dkt. 262.) Good
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`cause supports allowing this reply. DSC’s opposition introduces new evidence and requests
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`sanctions against Seagen for alleged discovery misconduct. DSC also misrepresents the
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`arbitrator’s order on reopening (which DSC does not provide),1 the information Seagen used in
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`seeking reopening, and how events unfolded between the parties. Seagen should be permitted to
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`file a reply to address the new evidence and respond to DSC’s assertions and affirmative request
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`for sanctions against Seagen.
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`1 Pursuant to this Court’s May 28, 2015 Standing Order, Seagen yesterday filed a notice of the arbitrator’s decision
`to reopen the arbitration hearing, which DSC referred to extensively in its opposition. See Standing Order Requiring
`Notice of Relevant Determinations from Related Proceedings (May 28, 2015).
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`sf-4682990
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`Case 2:20-cv-00337-JRG Document 292 Filed 02/03/22 Page 2 of 3 PageID #: 10783
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`Dated: February 2, 2022
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`sf-4682990
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`By: /s/ Michael A. Jacobs
`Michael A. Jacobs
`MJacobs@mofo.com
`Matthew A. Chivvis
`MChivvis@mofo.com
`MORRISON & FOERSTER LLP
`425 Market Street
`San Francisco, CA 94105
`Telephone: 415.268.7000
`Facsimile: 415.268.7522
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`Bryan Wilson
`BWilson@mofo.com
`MORRISON & FOERSTER LLP
`755 Page Mill Road
`Palo Alto, California 94304-1018
`Telephone: 650.813.5600
`Facsimile: 650.494.079
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`Melissa R. Smith
`Texas State Bar No. 24001351
`melissa@gillamsmithlaw.com
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: 903.934.8450
`Facsimile: 903.934.9257
`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
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`Attorneys for Plaintiff Seagen Inc.
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`Case 2:20-cv-00337-JRG Document 292 Filed 02/03/22 Page 3 of 3 PageID #: 10784
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`FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that counsel of record who are deemed to have
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`consented to electronic services are being served with a copy of this document via the Court’s
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`CM/ECF system per Local Rule CV-5(a)(3) on February 2, 2022.
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`/s/ Melissa R. Smith
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`CERTIFICATE OF CONFERENCE
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`On February 2, 2022, counsel for Seagen and Defendants engaged in a meet and confer
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`conference pursuant to Local Rule CV-7(h). Defendants’ counsel indicated that Defendants are
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`opposed to this Motion.
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`/s/ Melissa R. Smith
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`sf-4682990
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