`
`
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`IN THE UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`SEAGEN INC.,
`
`v.
`
`Plaintiff,
`
`DAIICHI SANKYO CO., LTD.,
`
`
`
`
`
`
`
`Civil Action No. 2:20-CV-00337-JRG
`
`Defendant,
`
`
`
`ASTRAZENECA PHARMACEUTICALS LP, and
`ASTRAZENECA UK LTD,
`
`
`Intervenor-Defendants.
`
`
`
`SEAGEN’S NOTICE OF NON-OPPOSITION TO AND MOOTNESS OF DAIICHI
`SANKYO’S MOTION FOR LEAVE TO USE CERTAIN DISCOVERY MATERIALS IN
`A PENDING ARBITRATION
`
`In the parties’ meet and confer on February 1, 2022, Seagen explained to DSC that it likely
`
`would not oppose any motion by DSC seeking leave to use discovery materials from this case in
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`the parties’ pending arbitration. (Dkt. 283 at 3, Ex. 4.) Nonetheless, without first confirming non-
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`opposition with Seagen, DSC filed its motion for leave as opposed. (Dkt. 285.) Upon review
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`yesterday, February 3, Seagen confirmed to DSC that it does not oppose the relief requested by
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`DSC in its motion. To facilitate DSC’s cross use, Seagen also produced in the arbitration the
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`materials requested by DSC on pages 3 and 4 of its motion and confirmed to DSC that it may use
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`the materials in a motion to the arbitrator to reopen the hearing as to those documents. Because
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`Seagen has explicitly made available these documents for use in the arbitration, DSC’s motion for
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`leave is moot.
`
`
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`sf-4701349
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`
`
`
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`Case 2:20-cv-00337-JRG Document 296 Filed 02/04/22 Page 2 of 3 PageID #: 10805
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`
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`Dated: February 4, 2022
`
`
`sf-4701349
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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
`
`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
`
`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
`
`Attorneys for Plaintiff Seagen Inc.
`
`
`
`
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`
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`Case 2:20-cv-00337-JRG Document 296 Filed 02/04/22 Page 3 of 3 PageID #: 10806
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`
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`CERTIFICATE OF SERVICE
`
`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 4, 2022.
`
`/s/ Melissa R. Smith
`
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`sf-4701349
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