Case 1:25-cv-00017-MN Document 1 Filed 01/06/25 Page 1 of 3 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`In re Ex Parte Application of
`
`REGENERON PHARMACEUTICALS,
`INC.
`
`Applicant,
`
`for an Order Pursuant to 28 U.S.C. § 1782 to
`Take Discovery for Use in Foreign
`Proceedings
`
`Civil Action No. ____________________
`
`EX PARTE APPLICATION FOR AN ORDER PURSUANT TO 28 U.S.C. §1782 TO
`TAKE DISCOVERY FOR USE IN FOREIGN PROCEEDINGS
`
`Applicant Regeneron Pharmaceuticals, Inc. (“Regeneron”), through its undersigned
`
`counsel, hereby applies ex parte for an order pursuant to 28 U.S.C. § 1782 as follows:
`
`1.
`
`This application seeks entry of an order, in a form identical or similar to the
`
`proposed order attached to this application, granting Regeneron leave to serve the subpoenas
`
`attached as Exhibits A-B to this Application, pursuant to Rule 45 of the Federal Rules of Civil
`
`Procedure, on Respondent Amgen Inc. (“Amgen”). The subpoenas direct Amgen to produce
`
`documents and provide testimony for use in anticipated foreign proceedings involving Amgen’s
`
`Singaporean subsidiary, Amgen Singapore Manufacturing Pte. Ltd. (“Amgen Singapore”) in the
`
`General Division of the High Court of Singapore.
`
`PARTIES
`
`2.
`
`Regeneron is a New York corporation with its principal place of business in
`
`Tarrytown, New York.
`
`

`

`Case 1:25-cv-00017-MN Document 1 Filed 01/06/25 Page 2 of 3 PageID #: 2
`
`3.
`
`Amgen is a Delaware corporation with its principal place of business in Thousand
`
`Oaks, California.
`
`JURISDICTION AND VENUE
`
`4.
`
`This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1782. Bayer AG v.
`
`Betachem, Inc., 173 F.3d 188, 189 (3d Cir. 1999).
`
`5.
`
`This Court is the proper venue pursuant to 28 U.S.C. § 1391 because Amgen
`
`resides within this District. See 28 U.S.C. § 1391(b)(1), (c)(2) (civil action “may be brought in a
`
`judicial district in which any defendant resides,” and an entity “resides” in “any judicial district
`
`in which such defendant is subject to the court’s personal jurisdiction with respect to the civil
`
`action in question”); Becton, Dickinson & Co. v. Medline Indus., Inc., Civ. No. 21-12929, 2022
`
`WL 2383722, at *3 (D.N.J. Apr. 28, 2022) (venue is appropriate in judicial district in which
`
`defendant is incorporated).
`
`REGENERON’S APPLICATION
`
`6.
`
`Regeneron’s application is supported by the accompanying memorandum of law
`
`and the declarations of Daryl Ong Hock Chye, a Singaporean legal expert, and Shohta Ueno, in-
`
`house counsel for Regeneron.
`
`7.
`
`This application satisfies all the requirements set forth in 28 U.S.C. § 1782(a) and
`
`the factors set forth in Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004).
`
`WHEREFORE, Regeneron respectfully requests that the Court enter an order:
`
`A.
`
`Granting Regeneron’s ex parte application for discovery from Amgen pursuant to
`
`28 U.S.C. § 1782;
`
`B.
`
`Authorizing Regeneron to issue the subpoenas attached to this application as
`
`Exhibits A-B; and
`
`2
`
`

`

`Case 1:25-cv-00017-MN Document 1 Filed 01/06/25 Page 3 of 3 PageID #: 3
`
`C.
`
`Awarding any and all other further relief to Regeneron as deemed just and proper.
`
`Dated: January 6, 2025
`
`WILKS LAW, LLC
`
`
`/s/ David E. Wilks
`David E. Wilks (Bar No. 2793)
`D. Charles Vavala (Bar No. 6098)
`4250 Lancaster Pike, Suite 200
`Wilmington, DE 19805
`Telephone: (302) 225-0850
`Email: dwilks@wilks.law
`Email: cvavala@wilks.law
`
`Attorneys for Applicant
`Regeneron Pharmaceuticals,
`Inc.
`
`OF COUNSEL:
`
`Katherine A. Helm, Ph.D.
`DECHERT LLP
`Three Bryant Park
`1095 Avenue of the Americas
`New York, NY 10036
`Tel: (212) 698-3500
`katherine.helm@dechert.com
`
`Sharon K. Gagliardi
`Luke M. Reilly
`DECHERT LLP
`Cira Centre
`2929 Arch Street
`Philadelphia, PA 19104
`Tel: (215) 994-4000
`sharon.gagliardi@dechert.com
`luke.reilly@dechert.com
`
`Jonathan D.J. Loeb, Ph.D.
`Charles Hsu
`DECHERT LLP
`3000 El Camino Real
`Five Palo Alto Square, Suite 650
`Palo Alto, CA 94306
`Tel: (650) 813-4800
`jonathan.loeb@dechert.com
`charles.hsu@dechert.com
`
`3
`
`

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