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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`PHIGENIX, INC.
`Petitioner
`
`IMMUNOGEN, INC.
`Patent Owner
`
`Case IPR2014—OO676
`
`Patent 8,337,856 B2
`
`PHIGENIX, INC.’S RESPONSE TO IMMUNOGEN’S MOTION TO
`
`ENTER PROTECTIVE ORDER
`
`

`

`PHIGENIX, INC.’S RESPONSE TO INHVIUNOGEN’S MOTION TO ENTER PROTECTIVE ORDER
`CASE IPR2014-00676
`
`Phigenix was surprised to see in the Motion that Immunogen “certifies it met
`
`and conferred with Petitioner, Phigenix, Inc., in an attempt to reach agreement on
`
`entry of this Default Protective Order , but no agreement was reached.” In point of
`
`fact, Phigenix had previously stated back on January 16, 2015 that “we do not
`
`oppose entry of the default protective order.” (Exhibit A). Before Immunogen
`
`made the certification in its motion, it did not attempt to meet, confer, or even
`
`answer the question posed in Phigenix correspondence of the same day. (Exhibit
`
`B). Without waiving any rights it may have to object to or move to strike any
`
`evidence produced under a protective order, Phigenix does not oppose entry of the
`
`default protective order.
`
`Date: February 13, 2015
`
`Lead Attorney for Petitioner
`Phigenix, Inc.
`Registration No. 48,328
`
`1350 I Street, NW, Suite 1100
`Washington, DC. 20005
`(202) 662-3042
`
`

`

`Case IPR2014—00676
`
`Patent No. 8,337,856
`
`CERTIFICATE OF SERVICE 137 C.F.R. § 42.6gefi, 42.105§an
`
`The undersigned hereby certifies that the above—captioned “Phigenix Inc.’s
`
`Response to Imrnnogen, Inc.’s Motion to Enter Protective Order” was served in its
`
`entirety on February 13, 2015, upon the following parties via electronic mail:
`
`Eldora L. Ellison, PhD.
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`1100 New York Ave., NW.
`Washington, DC. 20005—3934
`Tel: (202) 772—8508
`Fax: (202) 371—2540
`eellison@skgf.com
`
`Eric K. Steffe
`
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`1100 New York Ave., NW.
`Washington, DC. 20005—3934
`Tel: (202) 772-8625
`Fax: (202) 371—2540
`esteffe@skgf.com
`
`Date: February 13, 2015
`
`1350 I Street, NW, Suite 1100
`Washington, DC. 20005
`(202) 662-3042
`
`\ANDREWS KURJH, LLP
`
`
`
`
`.13., Esq.
`Pix g Wang, i.
`RegistrationNo. 48,328
`Lead Attorney for Petitioner
`Phigenix, Inc.
`
`

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