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`IN THE UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`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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`CASE NO. 2:20-cv-00337-JRG
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`JURY TRIAL DEMANDED
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`DEFENDANT’S NOTICE OF SECOND POST-GRANT REVIEW PETITION
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`Defendant Daiichi Sankyo Company, Limited (“Defendant”) notifies the Court that on
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`January 22, 2021, Daiichi Sankyo, Inc. (“Daiichi Sankyo US”) and AstraZeneca Pharmaceuticals,
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`LP (“AstraZeneca US”), who are not parties to this action, filed a Petition for Post-Grant Review
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`seeking cancelation of Claims 6–8 of Plaintiff Seagen Inc.’s (“Plaintiff”) U.S. Patent No.
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`10,808,039 (the “’039 Patent”), the sole patent asserted against Defendant in this action. Daiichi
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`Sankyo US and AstraZeneca US previously filed a Petition for Post-Grant Review seeking
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`cancelation of Claims 1–5, 9, and 10 of the ’039 Patent on December 23, 2020. (See Dkt. No. 17.)
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`All claims of the ’039 Patent are now subject to a pending petition for post-grant review. While
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`Defendant is not a party to either Petition, Defendant is named as a real party-in-interest to both
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`Petitions. Daiichi Sankyo US is a Delaware corporation and subsidiary of Defendant. It is the
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`only company licensed by the United States Food and Drug Administration to sell Enhertu®, the
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`accused product in this action. AstraZeneca US co-markets Enhertu® with Daiichi Sankyo US.
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`Although the Patent Trial and Appeal Board has not yet instituted either Petition for review,
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`Defendant may move to stay this action upon institution. The Patent Trial and Appeal Board will
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`Case 2:20-cv-00337-JRG Document 40 Filed 01/26/21 Page 2 of 4 PageID #: 275
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`decide whether to institute post-grant review of Claims 1–5, 9, and 10 of the ’039 Patent by July
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`26, 2021.
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`- 2 -
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`Case 2:20-cv-00337-JRG Document 40 Filed 01/26/21 Page 3 of 4 PageID #: 276
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`Dated: January 26, 2021
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`Respectfully submitted,
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`
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`/s/ Deron R. Dacus
`
`Deron R. Dacus
`State Bar No. 00790553
`The Dacus Firm, P.C.
`821 ESE Loop 323, Suite 430
`Tyler, Texas, 75701
`+1 (903) 705-1117
`+1 (903) 581-2543 facsimile
`ddacus@dacusfirm.com
`
`J. Mark Mann
`State Bar No. 12926150
`mark@themannfirm.com
`MANN | TINDEL | THOMPSON
`300 West Main Street
`Henderson, Texas 75652
`(903) 657-8540
`(903) 657-6003 (fax)
`
`Attorneys for Defendant Daiichi
`Sankyo Company, Limited
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`OF COUNSEL:
`
`Preston K. Ratliff II
`Joseph M. O’Malley, Jr.
`Ashley N. Mays-Williams
`Paul Hastings LLP
`200 Park Avenue
`New York, NY 10166
`(212) 318-6000
`
`Naveen Modi
`Michael A. Stramiello
`Paul Hastings LLP
`2050 M Street NW
`Washington, D.C. 20036
`(202) 551-1700
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`Attorneys for Defendant Daiichi
`Sankyo Company, Limited
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`- 3 -
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`Case 2:20-cv-00337-JRG Document 40 Filed 01/26/21 Page 4 of 4 PageID #: 277
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true and correct copy of the above and foregoing
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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 January 26, 2021.
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`/s/ Deron R. Dacus
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