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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`PHIGENIX, INC.
`Petitioner
`
`v.
`
`IMMNUNOGEN, INC.
`Patent Owner
`
`___________________
`
`Case IPR2014-00676
`Patent 8,337,856 B2
`___________________
`
`
`IMMUNOGEN, INC.'S MOTION TO SEAL
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`
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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
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`I.
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`Introduction
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`In conjunction with filing its Opposition to Phigenix’s Motion to Exclude,
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`Patent Owner, ImmunoGen, is also filing this Motion to Seal. Pursuant to the
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`Default Protective Order, entered into this proceeding on April 30, 2015,
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`ImmunoGen moves to seal exhibits filed in connection with ImmunoGen’s
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`Opposition to Phigenix’s Motion to Exclude. Specifically ImmunoGen seeks to
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`seal Exhibits 2347 and 2348. ImmunoGen certifies that the parties have conferred
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`in good faith regarding this motion, and Petitioner's counsel has advised that
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`Phigenix will not oppose this motion.
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`II. Argument
`In determining whether to grant a Motion to Seal, the Board must find “good
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`cause” and “strike a balance between the public's interest in maintaining a
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`complete and understandable file history and the parties’ interest in protecting truly
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`sensitive information.” 37 C.F.R. § 42.54(a); 77 Fed. Reg. 48756, 48760 (Aug. 14,
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`2012). As laid out in the Office Trial Practice Guide, the Board identifies
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`confidential information in a manner “consistent with Federal Rule of Civil
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`Procedure 26(c)(1)(G), which provides for protective orders for trade secret or
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`other confidential research, development, or commercial information.” 77 Fed.
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`Reg. 48756, 48760 (Aug. 14, 2012).
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`ImmunoGen has designated Exhibits 2347 and 2348 as for “the Board and
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`Parties’ Eyes Only.” These exhibits relate to marketing and sales-related
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`- 1 -
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`Case IPR2014-00676
`U.S. Patent No. 8,337,856
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`proprietary information. The raw data contained within the designated exhibits is
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`used by ImmunoGen’s economic expert (Jarosz; Ex.2131), whose testimony relies
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`upon the underlying information sought to be kept under seal. The public has
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`access to summaries of this data as part of ImmunoGen’s expert testimony and
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`Exhibits 2240-44, 2256, 2319 &2320– which remain unsealed. Such access should
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`adequately fulfill the needs of the public to maintain a complete and
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`understandable file history, while still protecting proprietary information.
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`- 2 -
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`Case IPR2014-00676
`U.S. Patent No. 8,337,856
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`III. Conclusion
`For the reasons stated above, ImmunoGen respectfully requests that the
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`Board seal and protect the proprietary information in Exhibits 2347 and 2348.
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`ImmunoGen further respectfully requests that the Board seal and protect the
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`proprietary information in these exhibits until such time as it receives and rules on
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`this motion.
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`
`
`
`Date: June 18, 2015
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
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`
`
`Respectfully submitted,
`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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`- 3 -
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`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 SEAL was served in its entirety on June 18, 2015, upon the
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`following parties via electronic mail:
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`
`
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`
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`Ping Wang
`ANDREWS KURTH, LLP
`
`
`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
`
` 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: June 18, 2015
`1100 New York Avenue, N.W.
`Washington, D.C. 20005 - 3934
`(202) 371-2600
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