`Patent No. 9,737,154
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`AMERICAN NATIONAL MANUFACTURING INC.,
`Petitioner,
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`v.
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`SLEEP NUMBER CORPORATION
`f/k/a SELECT COMFORT CORPORATION,
`Patent Owner.
`____________
`Case No. IPR2019-00500
`Patent No. 9,737,154
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`PETITIONER’S
`PROPOSED ADDITIONAL DISCOVERY REQUESTS
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`1
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`WA 14042468.1
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`American National Manufacturing, Inc.
`EXHIBIT 1040
`IPR2019-00500
`Page 1
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`IPR2019-00500
`Patent No. 9,737,154
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`Petitioner American National Manufacturing Inc. (“ANM”) requests that
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`Patent Owner Sleep Number Corporation (“Sleep Number”) provide the following
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`within ___ business days:
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`Definitions
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`1.
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`10K shall mean the type of report that is exemplified by Exhibits (Ex.
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`1041 at 33.
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`Interrogatory
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`INTERROGATORY NO. 1: Identify on a quarterly or annual basis the
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`total expenditures for your “sales and marketing,” as identified in Sleep Number’s
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`10-K statements since January 1, 1994.
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`INTERROGATORY NO. 2: Describe
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`that nature
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`and
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`types of
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`expenditures that are included in the line item “sales and marketing” as identified in
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`Sleep Number’s 10-K.
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`INTERROGATORY NO. 3: Identify on a quarterly or annual basis the
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`total expenditures for your “Cost of Sales” as identified in Sleep Number’s 10-K
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`statements since January 1, 1994.
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`INTERROGATORY NO. 4: Describe that nature and type of expenditures
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`that are included in the line item “Costs of Sales” as identified in Sleep Number’s
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`10-K.
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`2
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`WA 14042468.1
`
`American National Manufacturing, Inc.
`EXHIBIT 1040
`IPR2019-00500
`Page 2
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`IPR2019-00500
`Patent No. 9,737,154
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`INTERROGATORY NO. 5: Identify on a quarterly or annual basis the
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`total expenditures for the line item “General and Administrative” as identified in
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`Sleep Number’s 10-K statements since January 1, 1994.
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`INTERROGATORY NO. 6: Describe that nature and type of expenditures
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`that are included in the line item “General and Administrative” as identified in Sleep
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`Number’s 10-K.
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`INTERROGATORY NO. 7: Identify on a quarterly or annual basis the
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`total gross revenue as identified in Sleep Number’s 10-K statements since January
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`1, 1994.
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`INTERROGATORY NO. 8: To the extent that it is not included in the
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`above line items regarding “cost of sales,” “Sales and Marketing,” or “General and
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`Administrative” line items in Sleep Number’s 10-K statements, identify on a
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`quarterly or annual basis the total amount expended by Sleep Number for
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`construction, mortgage, rent, or other expenses associated with Sleep Number retail
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`stores since January 1, 1994. If these expenses are included in “cost of sales,” “Sales
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`and Marketing,” or “General and Administrative,” instead please identify the line
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`item in which it was included.
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`INTERROGATORY NO. 9: To the extent that it is not included in the
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`above line items regarding “cost of sales,” “Sales and Marketing,” or “General and
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`Administrative” line items in Sleep Number’s 10-K statements, identify on a
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`3
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`WA 14042468.1
`
`American National Manufacturing, Inc.
`EXHIBIT 1040
`IPR2019-00500
`Page 3
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`
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`IPR2019-00500
`Patent No. 9,737,154
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`quarterly or annual basis the total amount expended by Sleep Number for salaries,
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`commissions, benefits, and other employment related expenditures for staff and
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`management associated with Sleep Number retail stores since January 1, 1994. If
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`these expenses are included in “cost of sales,” “Sales and Marketing,” or “General
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`and Administrative,” instead please identify the line item in which it was included.
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`Document Requests
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`REQUEST NO. 1:
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`Produce a Microsoft Excel workbook that contains
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`the information requested above in the interrogatories.
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`REQUEST NO. 2:
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`Produce a business records affidavit from Sleep
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`Number Corporation’s custodian of records that authenticates the above Microsoft
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`Excel file as a summation of voluminous business records under FRE 1006.
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`4
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`WA 14042468.1
`
`American National Manufacturing, Inc.
`EXHIBIT 1040
`IPR2019-00500
`Page 4
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`IPR2019-00500
`Patent No. 9,737,154
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`Date: December 19, 2019
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`Respectfully Submitted,
`SPENCER FANE LLP
`By /s/Kyle L. Elliott .
`Kyle L. Elliott, Reg. No. 39,485
`kelliott@spencerfane.com
`Kevin S. Tuttle, Reg. No. 52,307
`Brian T. Bear (pro hac vice)
`Spencer Fane LLP
`1000 Walnut Street, Suite 1400
`Kansas City, Missouri 64106-2140
`Telephone: (816) 474-8100
`kelliott@spencerfane.com
`ktuttle@spencerfane.com
`bbear@spencerfane.com
`
`Jaspal S. Hare, Reg. No. 66,988
`jhare@spencerfane.com
`Spencer Fane LLP
`5700 Granite Pkwy, Suite 650
`Plano, TX 75024
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`5
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`WA 14042468.1
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`American National Manufacturing, Inc.
`EXHIBIT 1040
`IPR2019-00500
`Page 5
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