`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`AMERICAN NATIONAL MANUFACTURINGINC.,
`Petitioner,
`
`Vv.
`
`SELECT COMFORT CORPORATION,
`Patent Owner.
`
`Case No. IPR2019-00500
`Patent No. 9,737,154 B2
`
`DECLARATION OF ROBERT NUNN
`IN SUPPORT OF PATENT OWNER’S RESPONSE
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`Sleep Number Corp.
`EXHIBIT 2032
`IPR2019-00500
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`Page1
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`Sleep Number Corp.
`EXHIBIT 2032
`IPR2019-00500
`Page 1
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`
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`I.
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`BACKGROUND
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`I, Robert Nunn,declare as follows:
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`1.
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`I am over the age of 21 years and am fully competent to make this
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`Declaration. I make the following statements based on personal knowledgeand,if
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`called to testify to them, could and would do so.
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`2.
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`I was employed at Select Comfort Corporation, now knownas Sleep
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`NumberCorporation (“Sleep Number’’), from April 2011 to October 2017. I worked
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`as an Electrical Engineer from April 2011 to March 2013, as a Senior Electrical
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`Engineer from March 2013 to March 2017, and as a Principal Engineer from March
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`2017 to October 2017.
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`3.
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`While at Sleep Number,I was heavily involved in the product research,
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`development, and design of air control systems sold as part of the company’s
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`adjustable air mattress systems.
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`Sleep Number refers to those systems as its
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`proprietary Sleep Number® beds.
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`4.
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`I have personal knowledge of various Sleep Numberpatents, including
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`U.S. Patent No. 5,904,172 (“the ‘172 Patent’), U.S. Patent No. 9,737,154 (“the ‘154
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`Patent”), and U.S. Patent No. 8,769,747 (“the ‘747 Patent’).
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`5.
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`I understand that the ‘172 Patent discloses an improved valve enclosure
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`assembly and that it was filed in 1997. When I was employed, the ‘172 Patent was
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`believed to be so important and valuable by Sleep Numberthat the company ended
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`]
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`Sleep Number Corp.
`EXHIBIT 2032
`IPR2019-00500
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`Sleep Number Corp.
`EXHIBIT 2032
`IPR2019-00500
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`up incorporating the ‘172 Patent
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`technology into all of Sleep Number’s air
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`controllers.
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`6.
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`I understand that the ‘154 and ‘747 Patents disclose a system and
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`method for improved pressure adjustment and that they were filed in April 2008.
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`I
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`understandthat these patents relate to source code technology, specifically software
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`that solved a “hunt and peck” issue of the air controller trying to find the Sleep
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`Numbersetting selected by the user of the adjustable air mattress. This invention
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`allowed for more quickly and more accurately reaching the user’s desired pressure.
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`We sometimesreferred to the software as “learning” software because it was able to
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`achieve faster and more accurate pressure adjustments with each iterative
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`adjustment.
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`7.
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`Recognizing the importance and value of the technology, the ‘154 and
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`‘747 Patent technology was nearly immediately incorporated into most of Sleep
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`Number’s air controllers later in 2008 when the companylaunched its new FCSa/k/a
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`Corolla air controller. In addition, by 2012, Sleep Numberhad incorporated the ‘154
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`and ‘747 Patent technology into all of Sleep Number’s remainingair controllers.
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`It
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`is my understandingthat this technology continues to be present in Sleep Number’s
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`air controllers.
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`2
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`Sleep Number Corp.
`EXHIBIT 2032
`IPR2019-00500
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`Sleep Number Corp.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed on
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`, 2019.
`[0/92
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`
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`Robert Nunn
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`3
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`Sleep Number Corp.
`EXHIBIT 2032
`IPR2019-00500
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`Sleep Number Corp.
`EXHIBIT 2032
`IPR2019-00500
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