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` EXHIBIT C
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`EXHIBIT C
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`
`PHIGENIX, INC.
`Petitioner
`
`v.
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`IMMUNOGEN, INC.
`Patent Owner
`
`_____________________
`
`Case IPR2014-00676
`U.S. Patent No. 8,337,856
`_____________________
`
`Supplemental Declaration Of John C. Jarosz
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`
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`I, John C. Jarosz, hereby declare as follows.
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`1.
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`I am over the age of eighteen and otherwise competent to make this
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`declaration.
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`2.
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`I am the same John C. Jarosz who submitted a declaration on January
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`22, 2015 in the inter partes review proceeding IPR2014-00676. My initial
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`declaration was marked as ImmunoGen Exhibit 2131.
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`3.
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`I understand from counsel that Phigenix raised certain issues with my
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`initial declarations and certain exhibits cited therein in its objections dated January
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`29, 2015. I submit this supplemental declaration to address issues asserted by
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`Phigenix in its objections dated January 29, 2015.
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`4.
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`I understand from counsel that Phigenix objected to my initial
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`declarations because I cited Exhibits 2127, 2147, 2204, 2216, 2218, 2220, 2226-
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`2238, 2240-2244, 2247, 2252-2261, 2266-2271, 2275, 2318-2320, 2325, 2334,
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`2335, 2340-2342, and 2344-2346, therein. I understand that, according to Phigenix,
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`it was not established that an expert in the field would reasonably rely on these
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`exhibits to formulate opinions such as those set forth in my initial declaration. I
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`disagree with Phigenix’s assertions.
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`5.
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`Exhibits 2127, 2204, 2226-2238, 2318, 2325, 2334, 2335, 2340, and
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`2341 are copies of marketing and informational materials from Genentech. Experts
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`in intellectual property, business, and product valuation routinely rely on materials
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`2
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`
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`such as Exhibits 2127, 2204, 2226-2238, 2318, 2325, 2334, 2335, 2340, and 2341
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`when analyzing a product’s use and characteristics, such as in the opinions set
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`forth in my initial declaration.
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`6.
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`Exhibits 2240-2244, 2256, 2319, and 2320 are compilations of data
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`provided by IMS Institute for Healthcare Informatics (“IMS”). Data from IMS are
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`routinely relied on by experts in the field to determine drug sales, prescriptions,
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`and promotional expenditures for a given product, such as in the opinions set forth
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`in my initial declaration.
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`7.
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`Exhibits 2147, 2268, 2269, and 2271 are copies of investment analyst
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`reports from Cowen & Company, J.P. Morgan, RBC Capital Markets, and UBS,
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`respectively. Experts in intellectual property, business, and product valuation
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`routinely rely on investment analyst reports such as Exhibits 2147, 2268, 2269, and
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`2271 when evaluating third-party views of a company’s product, such as in the
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`opinions set forth in my initial declaration. Exhibits 2147, 2268, 2269, and 2271
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`are true and correct copies of each investment analyst report as obtained from
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`Thomson One located at https://www.thomsonone.com/DirectoryServices/2006-
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`04-
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`01/Web.Public/Login.aspx?brandname=www.thomsonone.com&version=3.7.9.18
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`833&protocol=0, accessed on December 12, 2014.
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`3
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`
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`8.
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`Exhibit 2216 is a copy of a press release from Mylan Inc.’s website,
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`accessed on December 18, 2014. Exhibit 2216 is a true and correct copy of the
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`Mylan web page as published on the Mylan website, www.mylan.com, accessed on
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`December 18, 2014. Experts routinely rely on press releases such as Exhibit 2216
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`in evaluating a product’s relevant marketplace, such as in the opinions set forth in
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`my initial declaration.
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`9.
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`Exhibit 2218 is a copy of a press release from GlaxoSmithKline’s
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`website, accessed on December 18, 2014. Exhibit 2218 is a true and correct copy
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`of the GlaxoSmithKline web page as published on the GlaxoSmithKline website,
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`us.gsk.com, accessed on December 18, 2014. Experts routinely rely on press
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`releases such as Exhibit 2218 in evaluating a product’s relevant marketplace, such
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`as in the opinions set forth in my initial declaration.
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`10. Exhibit 2220 is a copy of a press release from Bristol-Myers Squibb’s
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`website, accessed on December 18, 2014. Exhibit 2220 is a true and correct copy
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`of the Bristol-Myers Squibb web page as published on the Bristol-Myers Squibb
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`website, www.bms.com, accessed on December 18, 2014. Experts routinely rely
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`on press releases such as Exhibit 2220 in evaluating a product’s relevant
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`marketplace, such as in the opinions set forth in my initial declaration.
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`11. Exhibit 2247 is a copy of a data brief from IMS’s website, accessed
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`on December 18, 2014. Exhibit 2247 is a true and correct copy of the IMS web
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`4
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`
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`page as published on the IMS website, www.imshealth.com, accessed on
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`December 18, 2014. Experts routinely rely on information such as Exhibit 2247 in
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`evaluating how data is compiled, such as in the opinions set forth in my initial
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`declaration.
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`12. Exhibit 2252 is a copy of an online article from FierceBiotech,
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`accessed on December 4, 2014. Exhibit 2252 is a true and correct copy of the
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`FierceBiotech web page as published on
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`the FierceBiotech website,
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`www.fiercebiotech.com, accessed on December 4, 2014. Experts routinely rely on
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`information such as Exhibit 2252 when evaluating a product’s commercial success
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`in the marketplace, such as in the opinions set forth in my initial declaration.
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`13. Exhibit 2253 is a copy of an online article from FiercePharma,
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`accessed on December 4, 2014. Exhibit 2253 is a true and correct copy of the
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`FiercePharma web page as published on
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`the FiercePharma website,
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`www.fiercepharma.com, accessed on December 4, 2014. Experts routinely rely on
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`information such as Exhibit 2253 when evaluating a product’s commercial success
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`in the marketplace, such as in the opinions set forth in my initial declaration.
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`14. Exhibit 2254 is a copy of an online article from the Huffington Post,
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`accessed on December 5, 2014. Exhibit 2254 is a true and correct copy of the
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`Huffington Post web page as published on the Huffington Post website,
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`www.huffingtonpost.com, accessed on December 5, 2014. Experts routinely rely
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`5
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`
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`on information such as Exhibit 2254 when evaluating third-party views of a
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`company’s product, such as in the opinions set forth in my initial declaration.
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`15. Exhibit 2255 is a copy of an online article from Science Daily,
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`accessed on December 22, 2014. Exhibit 2255 is a true and correct copy of the
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`Science Daily web page as published on
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`the Science Daily website,
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`www.sciencedaily.com, accessed on December 22, 2014. Experts routinely rely on
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`information such as Exhibit 2255 when evaluating third-party views of a
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`company’s product, such as in the opinions set forth in my initial declaration.
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`16. Exhibit 2257 is a copy of an online article from Forbes, accessed on
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`December 5, 2014. Exhibit 2257 is a true and correct copy of the Forbes web page
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`as published on the Forbes website, www.forbes.com, accessed on December 5,
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`2014. Experts routinely rely on information such as Exhibit 2257 when evaluating
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`third-party views of a company’s product, such as in the opinions set forth in my
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`initial declaration.
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`17. Exhibit 2258 is a copy of an online article from the Boston Globe,
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`accessed on January 19, 2015. Exhibit 2258 is a true and correct copy of the
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`Boston Globe web page as published on
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`the Boston Globe website,
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`www.bostonglobe.com, accessed on January 19, 2015. Experts routinely rely on
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`information such as Exhibit 2258 when evaluating third-party views of a
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`company’s product, such as in the opinions set forth in my initial declaration.
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`6
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`
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`18. Exhibit
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`2259
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`is
`
`a
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`copy
`
`of
`
`an
`
`online
`
`article
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`from
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`FiercePharmaMarketing, accessed on December 8, 2014. Exhibit 2259 is a true and
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`correct copy of the FiercePharmaMarketing web page as published on the
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`FiercePharmaMarketing website, www.fiercepharmamarketing.com, accessed on
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`December 8, 2014. Experts routinely rely on information such as Exhibit 2259
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`when evaluating a product’s commercial success in the marketplace, such as in the
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`opinions set forth in my initial declaration.
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`19. Exhibit 2260 is a copy of an online article from Physicians’ Education
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`Resource, LLC, accessed on December 4, 2014. Exhibit 2260 is a true and correct
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`copy of the Physicians’ Education Resource, LLC web page as published on the
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`Physicians’ Education Resource, LLC website, www.gotoper.com, accessed on
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`December 4, 2014. Experts routinely rely on information such as Exhibit 2260
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`when evaluating third-party views of a company’s product, such as in the opinions
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`set forth in my initial declaration.
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`20.
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`Exhibit 2261 is a copy of an online article from Medical Marketing &
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`Media, accessed on December 29, 2014. Exhibit 2261 is a true and correct copy of
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`the Medical Marketing & Media web page as published on the Medical Marketing
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`& Media website, www.mmm-online.com, accessed on December 29, 2014.
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`Experts routinely rely on information such as Exhibit 2261 when evaluating a
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`7
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`
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`product’s commercial success in the marketplace, such as in the opinions set forth
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`in my initial declaration.
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`21. Exhibit 2266 is a copy of a press release from Chugai Pharmaceutical
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`Co., Ltd.’s website, accessed on December 18, 2014. Exhibit 2266 is a true and
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`correct copy of the Chugai web page as published on the Chugai website,
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`www.chugai-pharm.co.jp, accessed on December 18, 2014. Experts routinely rely
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`on press releases such as Exhibit 2266 in evaluating a product’s position in foreign
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`marketplaces, such as in the opinions set forth in my initial declaration.
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`22. Exhibit 2267 is a copy of a press release from Roche’s website,
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`accessed on December 18, 2014. Exhibit 2267 is a true and correct copy of the
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`Roche web page as published on the Roche website, www.roche.com, accessed on
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`December 18, 2014. Experts routinely rely on press releases such as Exhibit 2267
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`in evaluating a product’s position in foreign marketplaces, such as in the opinions
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`set forth in my initial declaration.
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`23.
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`Exhibit 2270 and 2346 are copies of press releases from Roche’s
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`website, accessed on January 20, 2015. Exhibit 2270 and 2346 are true and correct
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`copies of
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`the Roche web pages as published on
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`the Roche website,
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`www.roche.com, accessed on January 20, 2015. Experts routinely rely on press
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`releases such as Exhibits 2270 and 2346 in evaluating a product’s position in
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`foreign marketplaces, such as in the opinions set forth in my initial declaration.
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`8
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`
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`24. Exhibit 2275 is a copy of an online publication by A. Ching and M.
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`Ishihara
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`downloaded
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`from
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`http://w4.stern.nyu.edu/emplibrary/AChing%20Paper.pdf, accessed on December
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`10, 2014. Exhibit 2275 is a true and correct copy of the Ching publication as
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`published on the New York University website, www.stern.nyu.edu, accessed
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`December 10, 2014. Experts routinely rely on publications such as Exhibit 2275
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`when analyzing the relevant marketplace, such as in the opinions set forth in my
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`initial declaration.
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`25. Exhibit 2342 is a copy of the homepage of Tykerb® website, accessed
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`on December 18, 2014. Exhibit 2342 is a true and correct copy of the Tykerb®
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`homepage as published on the Tykerb® website, www.tykerb.com, accessed
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`December 18, 2014. Experts routinely rely on web pages such as Exhibit 2342 in
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`evaluating a product’s relevant marketplace, such as in the opinions set forth in my
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`initial declaration.
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`26. Exhibit 2344 is a copy of a Kadcyla® webpage, accessed on January
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`21, 2015. Exhibit 2344 is a true and correct copy of the Kadcyla® web page as
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`published on the Kadcyla® website, www.kadcyla.com, accessed January 21,
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`2015. Experts routinely rely on web pages such as Exhibit 2344 in evaluating a
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`product, such as in the opinions set forth in my initial declaration.
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`9
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`27. Exhibit 2345 is a copy of a conversion of Swiss Francs to U.S. Dollars
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`performed using the XE Currency Converter website on January 21, 2015. Exhibit
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`2345 is a true and correct copy of the XE Currency Converter web page configured
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`to convert Swiss Francs to U.S. Dollars, and as published on the XE Currency
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`Converter website, www.xe.com, on January 21, 2015. Experts routinely rely on
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`web pages such as Exhibit 2345 in calculating currency rates, such as in the
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`opinions set forth in my initial declaration.
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`28.
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`I hereby declare that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`believed to be true, and further that these statements were made with the
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`knowledge that willful false statements and the like so made are punishable by fine
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`or imprisonment, or both, under Section 1001 of Title 18 of the United States
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`Code.
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`Respectfully submitted,
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`John C. Jarosz
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`
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`Date: February 10, 2015
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`10
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`
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