`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`SEAGEN INC., §
`
`Plaintiff, §
`§
`v. § CIVIL ACTION NO. 2:20-CV-00337-JRG
`
`DAIICHI SANKYO CO., LTD., §
`§
`Defendant, §
`§
`ASTRAZENECA PHARMACEUTICALS §
`LP, and ASTRAZENECA UK LTD §
`
`Intervenor-Def ndants. §
`
`VERDICT FORM
`
`In answering the following questions and completing this Verdict Form, you
`
`are to follow all the instructions that I have given you in the Court s Final Jury
`
`Instructions. Your answers to each question must be unanimous. Some of the
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`questions contain legal terms that are defined and explained in detail in the Final
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`Jury Instructions. You should refer to and consider the Final Jury Instructions as you
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`answer the questions in this Verdict Form.
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`
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`Case 2:20-cv-00337-JRG Document 369 Filed 04/08/22 Page 2 of 8 PageID #: 12918
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`As used herein, the following terms have the following meanings:
`
`Plaintiff or Seagen refers to Seagen Inc.
`
`“Daiichi Sankyo or “DSC refers to Daiichi Sankyo Company, Limited.
`
`AstraZeneca or AZ refers collectively to AstraZeneca Pharmaceutical LP
`and AstraZeneca UK Ltd.
`
`“Defendants” refers collectively to DSC and AZ
`
`The “ 039 Patent” refers to U.S. Patent No. 10,808,039.
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`The “Asserted Claims” refers collectively to Claims 1 through 5, 9, and 10 of
`the 039 Patent.
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`2
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`
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`Case 2:20-cv-00337-JRG Document 369 Filed 04/08/22 Page 3 of 8 PageID #: 12919
`Case 2:20-cv-00337-JRG Document 369 Filed 04/08/22 Page 3 of 8 PagelD #: 12919
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`IT IS VERY IMPORTANT THAT YOU FOLLOW THE
`IT IS VERY IMPORTANT THAT YOU FOLLOW THE
`INSTRUCTIONS PROVIDED IN THIS VERDICT FOR
`INSTRUCTIONS PROVIDED IN THIS VERDICT FORM
`
`READ THEM CAREFULLY AND ENSURE THAT YOUR
`READ THEM CAREFULLY AND ENSURE THAT YOUR
`VERDICT COMPLIES WITH THEM
`VERDICT COMPLIES WITH THEM
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`3
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`
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`Case 2:20-cv-00337-JRG Document 369 Filed 04/08/22 Page 4 of 8 PageID #: 12920
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`QUESTION NO. 1
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`Did Seagen, the Plaintiff, prove by a preponderance of the evidence that Defendant
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`DSC, infringed ANY of the Asserted Claims?
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`Yes: No:
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`4
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`
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`Case 2:20-cv-00337-JRG Document 369 Filed 04/08/22 Page 5 of 8 PageID #: 12921
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`QUESTION NO. 2
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`Did DSC and AZ, the Defendants, prove by clear and convincing evidence that any
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`of the following Asserted Claims are invalid?
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`For each claim below, please answer Yes or “No .
`
`Claim 1 of the 039 Patent:
`
`Yes: No: V
`
`Claim 2 of the 039 Patent:
`
`Yes: No: V
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`Claim 3 of the ’039 Patent:
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`Yes: No:
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`Claim 4 of the ’039 Patent:
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`Yes: N o:
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`Claim 5 of the ’039 Patent:
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`Yes: No: v
`
`Claim 9 of the ’039 Patent:
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`Yes: N o: F
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`Claim 10 of the ’039 Patent:
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`Yes: No:
`
`5
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`
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`Case 2:20-cv-00337-JRG Document 369 Filed 04/08/22 Page 6 of 8 PageID #: 12922
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`If you answered NO to Question No, 1, OR YES to ALL Asserted Claims
`in Question No. 2, then DO NOT answer Question No. 3.
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`Answer Question No, 3 ONLY as to any Asserted Claim that you have found
`BOTH to be infringed AND not invalid.
`
`QUESTION NO, 3
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`Did Seagen, the Plaintiff, prove by a preponderance of the evidence that Defendant
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`DSC willfully infringed ANY of the Asserted Claims that you found were infringed?
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`Yes: No:
`
`6
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`
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`Case 2:20-cv-00337-JRG Document 369 Filed 04/08/22 Page 7 of 8 PageID #: 12923
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`If you answered NO to Question No. 1, OR YES to ALL Asserted Claims
`in Question No. 2, then DO NOT answer Question No. 4.
`
`Answer Question No. 4 ONLY as to any Asserted Claim that you have found
`BOTH to be infringed AND not invalid.
`
`QUESTION NO. 4
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`What sum of money, if paid now in cash, has Seagen, the Plaintiff, proven by a
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`preponderance of the evidence would compensate it for its damages for infringement
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`from October 20, 2020 through March 31, 2022?
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`Answer in United States Dollars and Cents, if any:
`
`$ 8 <9; o (9Q
`
`7
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`
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`Case 2:20-cv-00337-JRG Document 369 Filed 04/08/22 Page 8 of 8 PageID #: 12924
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`FINAL PAGE OF THE JURY VERDICT FORM
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`You have now reached the end of the Verdict Form and should review it to ensure that
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`it accurately reflects your unanimous determinations. The Jury Foreperson should then
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`sign and date the Verdict Form in the spaces below. Once this is done, notify the Court
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`Security Officer that you have reached a verdict. The Jury Foreperson should keep the
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`Verdict Form and bring it when the jury is brought back into the courtroom.
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`
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`this 8 day of April 2022.
`Signed
`
`Jury Foreperson
`
`8
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`
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