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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
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`PHIGENIX, INC.
`Petitioner
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`v.
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`IMMUNOGEN, INC.
`Patent Owner
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`___________________
`
`Case IPR2014-00676
`Patent 8,337,856
`___________________
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`IMMUNOGEN, INC.’S MOTION TO
`ENTER PROTECTIVE ORDER
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Case IPR2014-00676
`U.S. Patent No. 8,337,856
`Pursuant to the Board’s December 4, 2014 Order (Paper 16), Patent Owner,
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`ImmunoGen, Inc., hereby respectfully moves for entry of the Default Protective
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`Order provided in Appendix B of the Office Patent Trial Practice Guide, 77 Fed.
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`Reg. 48,756, 48,771 (Aug. 14, 2012), filed herewith as Exhibit A, to handle the
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`exchange of supplemental evidence following objections to evidence. Patent
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`Owner hereby certifies it met and conferred with Petitioner, Phigenix, Inc., in an
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`attempt to reach agreement on entry of this Default Protective Order, but no
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`agreement was reached.
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`Date: February 12, 2015
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`
`/Eldora L. Ellison/
`Eldora L. Ellison
`Lead Counsel for Patent Owner
`ImmunoGen, Inc.
`Registration No. 39,967
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`- 1 -
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`Exhibit A
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`Exhibit A
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`PHIGENIX, INC.
`Petitioner
`
`v.
`
`IMMUNOGEN, INC.
`Patent Owner
`___________________
`
`Case IPR2014-00676
`Patent 8,337,856
`___________________
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`STANDING PROTECTIVE ORDER
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`This standing protective order governs the treatment and filing of
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`confidential information, including documents and testimony.
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`1.
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`Confidential information shall be clearly marked “PROTECTIVE
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`ORDER MATERIAL.”
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`Case IPR2014-00676
`U.S. Patent No. 8,337,856
`Access to confidential information is limited to the following
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`2.
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`individuals who have executed the acknowledgment appended to this order:
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`(A) Parties. Persons who are owners of a patent involved in the
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`proceeding and other persons who are named parties to the
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`proceeding.
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`(B) Party Representatives. Representatives of record for a party in
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`the proceeding.
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`(C) Experts. Retained experts of a party in the proceeding who
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`further certify in the Acknowledgement that they are not a competitor
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`to any party, or a consultant for, or employed by, such a competitor
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`with respect to the subject matter of the proceeding.
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`In-house counsel. In-house counsel of a party.
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`(D)
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`(E) Other Employees of a Party. Employees, consultants or other
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`persons performing work for a party, other than in-house counsel and
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`in-house counsel’s support staff, who sign the Acknowledgement
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`shall be extended access to confidential information only upon
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`agreement of the parties or by order of the Board upon a motion
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`brought by the party seeking to disclose confidential information to
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`that person. The party opposing disclosure to that person shall have
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`the burden of proving that such person should be restricted from
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`access to confidential information.
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`Case IPR2014-00676
`U.S. Patent No. 8,337,856
`The Office. Employees and representatives of the Office who
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`(F)
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`have a need for access to the confidential information shall have such
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`access without the requirement to sign an Acknowledgement. Such
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`employees and representatives shall include the Director, members of
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`the Board and their clerical staff, other support personnel, court
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`reporters, and other persons acting on behalf of the Office.
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`(G) Support Personnel. Administrative assistants, clerical staff,
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`court reporters and other support personnel of the foregoing persons
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`who are reasonably necessary to assist those persons in the
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`proceeding shall not be required to sign an Acknowledgement, but
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`shall be informed of the terms and requirements of the Protective
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`Order by the person they are supporting who receives confidential
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`information.
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`3.
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`Persons receiving confidential information shall use reasonable
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`efforts to maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which
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`persons not authorized to receive the information shall not have access
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`(B) Otherwise using reasonable efforts to maintain the
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`confidentiality of the information, which efforts shall be no less
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`rigorous than those the recipient uses to maintain the confidentiality of
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`information not received from the disclosing party;
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`- 3 -
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`Case IPR2014-00676
`U.S. Patent No. 8,337,856
`(C) Ensuring that support personnel of the recipient who have
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`access to the confidential information understand and abide by the
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`obligation to maintain the confidentiality of information received that
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`is designated as confidential; and
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`(D) Limiting the copying of confidential information to a
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`reasonable number of copies needed for conduct of the proceeding and
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`maintaining a record of the locations of such copies.
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`4.
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`Persons receiving confidential information shall use the following
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`procedures to maintain the confidentiality of the information:
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`(A) Documents and Information Filed With the Board.
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`(i)
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`A party may file documents or information with the Board
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`under seal, together with a non-confidential description of the
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`nature of the confidential information that is under seal and the
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`reasons why the information is confidential and should not be
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`made available to the public. The submission shall be treated as
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`confidential and remain under seal, unless, upon motion of a party
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`and after a hearing on the issue, or sua sponte, the Board
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`determines that the documents or information do not to qualify for
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`confidential treatment.
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`(ii) Where confidentiality is alleged as to some but not all of the
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`information submitted to the Board, the submitting party shall file
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`- 4 -
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`Case IPR2014-00676
`U.S. Patent No. 8,337,856
`confidential and nonconfidential versions of its submission,
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`together with a Motion to Seal the confidential version setting forth
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`the reasons why the information redacted from the non-confidential
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`version is confidential and should not be made available to the
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`public. The nonconfidential version of the submission shall clearly
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`indicate the locations of
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`information that has been redacted. The confidential version of the
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`submission shall be filed under seal. The redacted information shall
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`remain under seal unless, upon motion of a party and after a
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`hearing on the issue, or sua sponte, the Board determines that some
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`or all of the redacted information does not qualify for confidential
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`treatment.
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`(B) Documents and Information Exchanged Among the Parties.
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`Information designated as confidential that is disclosed to another party
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`during discovery or other proceedings before the Board shall be clearly
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`marked as “PROTECTIVE ORDER MATERIAL” and shall be produced
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`in a manner that maintains its confidentiality.
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`- 5 -
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`Case IPR2014-00676
`U.S. Patent No. 8,337,856
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`PHIGENIX, INC.
`Petitioner
`
`v.
`
`IMMUNOGEN, INC.
`Patent Owner
`
`___________________
`
`Case IPR2014-00676
`Patent 8,337,856
`___________________
`
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`STANDARD ACKNOWLEDGEMENT FOR ACCESS TO
`PROTECTIVE ORDER MATERIAL
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`I __________________________________________, affirm that I have
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`read the Protective Order; that I will abide by its terms; that I will use the
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`confidential information only in connection with this proceeding and for no other
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`purpose; that I will only allow access to support staff who are reasonably necessary
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`to assist me in this proceeding; that prior to any disclosure to such support staff I
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`informed or will inform them of the requirements of the Protective Order; that I am
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`Case IPR2014-00676
`U.S. Patent No. 8,337,856
`personally responsible for the requirements of the terms of the Protective Order
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`and I agree to submit to the jurisdiction of the Office and the United States District
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`Court for the Eastern District of Virginia for purposes of enforcing the terms of the
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`Protective Order and providing remedies for its breach.
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`Signature
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`Date
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`- 2 -
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`Case IPR2014-00676
`U.S. Patent No. 8,337,856
`CERTIFICATION OF SERVICE (37.C.F.R. §§ 42.6(e), 42.105(a))
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`The undersigned hereby certifies that the above-captioned IMMUNOGEN,
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`INC.’S MOTION TO ENTER PROTECTIVE ORDER was served in its entirety
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`on February 12, 2015, upon the following parties via electronic mail:
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`
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`Ping Wang
`ANDREWS KURTH, LLP
`
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`1350 I Street NW, Suite 1100
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`Washington, DC 20005
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`Tel: (202) 662-3042
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`Fax: (202) 662-3729
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`PingWang@andrewskurth.com
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`Gregory Porter
`ANDREWS KURTH, LLP
`600 Travis, Suite 4200
`Houston, TX 77002
`Tel: (713) 220-4621
`Fax: (713) 220-4257
`GregPorter@andrewskurth.com
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`
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` STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
` /Eldora L. Ellison/
` Eldora L. Ellison (Reg. No. 39,967)
`Lead Attorney for Patent Owner ImmunoGen,
`Inc.
`
`
`
`
`
`Date: February 12, 2015
`1100 New York Avenue, N.W.
`Washington, D.C. 20005 - 3934
`(202) 371-2600
`
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