`Patent No. 9,737,154
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`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
`
`
`
`
`PETITIONER’S
`PROPOSED ADDITIONAL DISCOVERY REQUESTS
`
`
`
`
`
`1
`
`
`WA 14042468.1
`
`American National Manufacturing, Inc.
`EXHIBIT 1040
`IPR2019-00500
`Page 1
`
`
`
`IPR2019-00500
`Patent No. 9,737,154
`
`Petitioner American National Manufacturing Inc. (“ANM”) requests that
`
`Patent Owner Sleep Number Corporation (“Sleep Number”) provide the following
`
`within ___ business days:
`
`Definitions
`
`1.
`
`10K shall mean the type of report that is exemplified by Exhibits (Ex.
`
`1041 at 33.
`
`Interrogatory
`
`INTERROGATORY NO. 1: Identify on a quarterly or annual basis the
`
`total expenditures for your “sales and marketing,” as identified in Sleep Number’s
`
`10-K statements since January 1, 1994.
`
`INTERROGATORY NO. 2: Describe
`
`that nature
`
`and
`
`types of
`
`expenditures that are included in the line item “sales and marketing” as identified in
`
`Sleep Number’s 10-K.
`
`INTERROGATORY NO. 3: Identify on a quarterly or annual basis the
`
`total expenditures for your “Cost of Sales” as identified in Sleep Number’s 10-K
`
`statements since January 1, 1994.
`
`INTERROGATORY NO. 4: Describe that nature and type of expenditures
`
`that are included in the line item “Costs of Sales” as identified in Sleep Number’s
`
`10-K.
`
`2
`
`
`WA 14042468.1
`
`American National Manufacturing, Inc.
`EXHIBIT 1040
`IPR2019-00500
`Page 2
`
`
`
`IPR2019-00500
`Patent No. 9,737,154
`
`INTERROGATORY NO. 5: Identify on a quarterly or annual basis the
`
`total expenditures for the line item “General and Administrative” as identified in
`
`Sleep Number’s 10-K statements since January 1, 1994.
`
`INTERROGATORY NO. 6: Describe that nature and type of expenditures
`
`that are included in the line item “General and Administrative” as identified in Sleep
`
`Number’s 10-K.
`
`INTERROGATORY NO. 7: Identify on a quarterly or annual basis the
`
`total gross revenue as identified in Sleep Number’s 10-K statements since January
`
`1, 1994.
`
`INTERROGATORY NO. 8: To the extent that it is not included in the
`
`above line items regarding “cost of sales,” “Sales and Marketing,” or “General and
`
`Administrative” line items in Sleep Number’s 10-K statements, identify on a
`
`quarterly or annual basis the total amount expended by Sleep Number for
`
`construction, mortgage, rent, or other expenses associated with Sleep Number retail
`
`stores since January 1, 1994. If these expenses are included in “cost of sales,” “Sales
`
`and Marketing,” or “General and Administrative,” instead please identify the line
`
`item in which it was included.
`
`INTERROGATORY NO. 9: To the extent that it is not included in the
`
`above line items regarding “cost of sales,” “Sales and Marketing,” or “General and
`
`Administrative” line items in Sleep Number’s 10-K statements, identify on a
`
`3
`
`
`WA 14042468.1
`
`American National Manufacturing, Inc.
`EXHIBIT 1040
`IPR2019-00500
`Page 3
`
`
`
`IPR2019-00500
`Patent No. 9,737,154
`
`quarterly or annual basis the total amount expended by Sleep Number for salaries,
`
`commissions, benefits, and other employment related expenditures for staff and
`
`management associated with Sleep Number retail stores since January 1, 1994. If
`
`these expenses are included in “cost of sales,” “Sales and Marketing,” or “General
`
`and Administrative,” instead please identify the line item in which it was included.
`
`Document Requests
`
`REQUEST NO. 1:
`
`Produce a Microsoft Excel workbook that contains
`
`the information requested above in the interrogatories.
`
`REQUEST NO. 2:
`
`Produce a business records affidavit from Sleep
`
`Number Corporation’s custodian of records that authenticates the above Microsoft
`
`Excel file as a summation of voluminous business records under FRE 1006.
`
`4
`
`
`WA 14042468.1
`
`American National Manufacturing, Inc.
`EXHIBIT 1040
`IPR2019-00500
`Page 4
`
`
`
`IPR2019-00500
`Patent No. 9,737,154
`
`Date: December 19, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`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
`
`5
`
`
`WA 14042468.1
`
`American National Manufacturing, Inc.
`EXHIBIT 1040
`IPR2019-00500
`Page 5
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
