`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMERICAN NATIONAL MANUFACTURING INC.
`Petitioner
`v.
`SLEEP NUMBER CORPORATION
`f/k/a SELECT COMFORT CORPORATION
`Patent Owner
`____________
`Case No. IPR2019-00500
`Patent No. 9,737,154
`____________
`
`DECLARATION OF KYLE L. ELLIOTT IN SUPPORT OF
`PETITIONER’S REPLY TO PATENT OWNER’S REQUEST TO RESCIND
`THE FILING DATE OF THE PETITION AND DENY INSTUTION OF
`THE PETTION FOR FAILURE TO TIMELY SERVE THE PETITION
`UPON PATENT OWNER
`
`WA 12981129.1
`
`AMERICAN NATIONAL MANUFACTURING, INC. - EX 1018 - IPR2019-00500 - Page 1
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`
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`I, Kyle L. Elliott, declare and state as follows:
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`1.
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`I am an attorney with the law firm of Spencer Fane LLP. I represent
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`Petitioner, American National Manufacturing, Inc., in the above captioned
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`proceeding. I make this Declaration in support of Petitioner’s reply to Patent
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`Owner’s request to rescind the filing date as identified in Patent Owner’s Preliminary
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`Response. I am above eighteen years of age, of sound mind, and if called to testify
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`I could and would competently testify hereto. I make this declaration of my own
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`personal knowledge.
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`2.
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`Attached as Exhibit 1019 is a true and correct copy of the Court Order
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`Granting Defendants’ Motion to Stay Pending Inter Partes Review issued on
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`February 12, 2019; 5:18-cv-0357AB(SPx), Dkt. No. 142.
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`3.
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`Attached as Exhibit 1020 is a true and correct copy of the Federal
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`Express package shipping and delivery confirmation notice of the served petition
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`and accompanying materials to Ms. Elizabeth Patton at Fox Rothschild LLP,
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`Minneapolis, MN.
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`4.
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`Attached as Exhibit 1021 is a true and correct copy of the Federal
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`Express package shipping and delivery confirmation notice of the served petition
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`and accompanying materials to Mr. Stuart Nelson at Fish & Richardson PC,
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`Minneapolis, MN.
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`WA 12981129.1
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`AMERICAN NATIONAL MANUFACTURING, INC. - EX 1018 - IPR2019-00500 - Page 2
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`
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`5.
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`Attached as Exhibit 1022 is a true and correct copy of Mr. Lukas Toft’s
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`January 10, 2019 email correspondence to Petitioner’s counsel regarding the service
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`of the petition.
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`6.
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`Attached as Exhibit 1023 is a true and correct copy of the Proof of
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`Service of the first filed complaint against petitioner alleging infringement of U.S.
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`Patent No. 9,737,154 dated January 2, 2018; 3:17-cv-03517, Dkt. No. 7.
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`7.
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`Attached as Exhibit 1024 is a true and correct copy of Change of Name
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`Patent Assignment filed by Patent Owner on November 1, 2017 and recorded at
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`Reel/Frame 044456/0132.
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`8.
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`Attached as Exhibit 1025 is a true and correct copy of Mr. Lukas Toft’s
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`January 11, 2019 email correspondence to the Board seeking guidance to challenge
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`the service of the petition.
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`9.
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`Attached as Exhibit 1026 is a true and correct copy of the Joint
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`Stipulation Regarding Stay of District Court Actions filed on February 12, 2019;
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`5:18-cv-0357AB(SPx), Dkt. No. 141.
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`I declare under penalty of perjury under the laws of the United States of
`
`America that the foregoing is true and correct.
`
`Date: May 9, 2019
`
`By /s/Kyle L. Elliott
`Kyle L. Elliott, Reg. No. 39,485
`Spencer Fane LLP
`1000 Walnut Street, Suite 1400
`Kansas City, Missouri 64106-2140
`Telephone: (816) 474-8100
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`WA 12981129.1
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`AMERICAN NATIONAL MANUFACTURING, INC. - EX 1018 - IPR2019-00500 - Page 3
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`
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`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that a copy
`
`of the foregoing DELCARATION OF KYLE L. ELLIOTT IN SUPPORT OF
`
`PETITIONER’S REPLY TO PATENT OWNER’S REQUEST TO RESCIND THE
`
`FILING DATE OF THE PETITION AND DENY INSTUTION OF THE PETTION
`
`FOR FAILURE TO TIMELY SERVE THE PETITION UPON PATENT OWNER
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`and its exhibits were served in its entirety on May 9, 2019, by electronic mail, as
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`authorized by Patent Owner’s Mandatory Notices, directed to the attorneys of record
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`for Patent Owner at the following correspondence address of record:
`
`Steven A. Moore
`Steve.moore@pillsburylaw.com
`PILLSBURY WINTHORP SHAW PITTMAN LLP
`501 West Broadway, Suite 1100
`San Diego, CA 92101
`Luke Toft
`LToft@foxrothschild.com
`FOX ROTHSCHILD LLP
`Campbell Mithun Tower, Suite 2000
`222 South Ninth Street
`Minneapolis, MN 55402
`Kecia J. Reynolds
`kecia.reynolds@pillsburylaw.com
`PILLSBURY WINTHORP SHAW PITTMAN LLP
`1200 Seventeenth Street, NW
`Washington, DC 20036
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`WA 12981129.1
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`AMERICAN NATIONAL MANUFACTURING, INC. - EX 1018 - IPR2019-00500 - Page 4
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`
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`Date: May 9, 2019
`
` /s/Kyle L. Elliot
`Kyle L. Elliott (Reg. No. 39,485)
`
`Attorney for Petitioner
`American National Manufacturing, Inc.
`
`WA 12981129.1
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`AMERICAN NATIONAL MANUFACTURING, INC. - EX 1018 - IPR2019-00500 - Page 5
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`