`
`Transcript of Paul J. Mahoney
`
`Date: January 9, 2020
`Case: American National Manufacturing Inc. -v- Sleep Number Corporation, et al.
`(PTAB)
`
`Planet Depos
`Phone: 888.433.3767
`Email:: transcripts@planetdepos.com
`www.planetdepos.com
`
`WORLDWIDE COURT REPORTING & LITIGATION TECHNOLOGY
`
`American National Manufacturing, Inc.
`EXHIBIT 1051
`IPR2019-00500
`Page 1
`
`

`

`Transcript of Paul J. Mahoney
`Conducted on January 9, 2020
`
`1 (1 to 4)
`
`1
`
`3
`
` A P P E A R A N C E S
`
`
`
`REPRESENTING THE PETITIONER:
`
` Mr. Brian T. Bear
`
` Attorney at Law
`
` Mr. Kyle L. Elliott (present a.m. session)
`
` Attorney at Law
`
` Spencer Fane LLP
`
` 1000 Walnut Street, Suite 1400
`
`0
`
` Kansas City, MO 64106-2140
`
`1 2 3 4 5 6 7 8 9 1
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`--------------------------------------------------
`
`AMERICAN NATIONAL IPR2019-00497
`
`MANUFACTURING INC., IPR2019-00500
`
` Petitioner, IPR2019-00514
`
`v.
`
`SLEEP NUMBER CORPORATION U.S. PATENT 8,769,747
`
`f/k/a SELECT COMFORT U.S. PATENT 9,737,154
`
`0
`
`CORPORATION, U.S. PATENT 5,904,172
`
`1 2 3 4 5 6 7 8 9 1
`
`11
`
` Patent Owner.
`
`11
`
` bbear@spencerfane.com
`
`12
`
`--------------------------------------------------
`
`12
`
` kelliott@spencerfane.com
`
`13
`
` VIDEO DEPOSITION OF
`
`14
`
` PAUL J. MAHONEY
`
`15
`
` MINNEAPOLIS, MINNESOTA
`
`16
`
` THURSDAY, JANUARY 9, 2020
`
`17
`
` 8:07 A.M.
`
`18
`
`19
`
`
`
`
`
`20
`
`JOB NO.: 278016
`
`21
`
`PAGES: 1 - 181
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`22
`
`REPORTED BY: PATRICK J. MAHON, RMR, CRR
`
`22
`
` (continued...)
`
`2
`
`4
`
`APPEARANCES, continued:
`
`
`
`REPRESENTING THE PATENT OWNER:
`
` Mr. Luke Toft
`
` Attorney at Law
`
` Fox Rothschild LLP
`
` 222 South 9th Street, Suite 2000
`
` Minneapolis, MN 55402
`
` ltoft@foxrothschild.com
`
`0
`
`
`
`1 2 3 4 5 6 7 8 9 1
`
`11
`
`ALSO PRESENT: Kyle Stolis, Videographer
`
`12
`
`
`
` VIDEO DEPOSITION OF PAUL J. MAHONEY, HELD
`
`AT THE OFFICES OF:
`
`
`
`
`
` FOX ROTHSCHILD LLP
`
` 222 SOUTH 9TH STREET
`
` MINNEAPOLIS, MINNESOTA 55402-3338
`
`
`
`
`
`
`
`
`
`
`
`1 2 3 4 5 6 7 8 9 1
`
`0
`
`11
`
`12
`
`13
`
` Pursuant to Notice, before Patrick J.
`
`13
`
` * * *
`
`14
`
`Mahon, Notary Public in and for the County of
`
`15
`
`Hennepin, State of Minnesota.
`
`16
`
`17
`
`18
`
`19
`
`20
`
`
`
`
`
`
`
`
`
`
`
`21
`
` * * * * *
`
`22
`
`
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`American National Manufacturing, Inc.
`EXHIBIT 1051
`IPR2019-00500
`Page 2
`
`

`

`Transcript of Paul J. Mahoney
`Conducted on January 9, 2020
`
`2 (5 to 8)
`
`7
`
` P R O C E E D I N G S
` WHEREUPON, the following proceedings were
`duly had:
` THE VIDEOGRAPHER: Good morning. Here
`begins Disk Number 1 in the videotaped deposition
`of Paul Mahoney in the matter of American National
`Manufacturing Inc. versus Sleep Number
`Corporation, et al., in the United States Patent
`and Trademark Office before the Patent Trial and
`Appeal Board, case numbers IPR2019-00497, -00500,
`and -00514.
` Today's date is Thursday, January 9, 2020.
`The time on the video monitor is 8:07 a.m.
` The videographer today is Kyle Stolis,
`representing Planet Depos.
` This video deposition is taking place at
`the law office of Fox Rothschild LLP in
`Minneapolis, Minnesota.
` Would counsel please voice-identify
`themselves and state whom they represent.
` MR. BEAR: Brian Bear of the Spencer Fane
`LLP law firm on behalf of Petitioner, American
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`5
`
`6
`
` I N D E X
`
`
`
`EXAMINATION:
`
` BY MR. BEAR - PAGES 8 and 174
`
` BY MR. TOFT - PAGE 163
`
`EXHIBITS:
`
`NUMBER/DESCRIPTION PAGE
`
`Exhibit 1................................... 142
`
` Videotape Deposition transcript
`
`0
`
` of Paul James Mahoney on 2/17/16
`
`1 2 3 4 5 6 7 8 9 1
`
`11
`
` (123 pages)
`
`12
`
`Exhibit 1001................................ 45
`
`13
`
` Patent No.: 5,904,172
`
`14
`
` (17 pages)
`
`15
`
`Exhibit 1001................................ 105
`
`16
`
` Patent No.: US 8,769,747 B2
`
`17
`
` AMERICAN NATIONAL MANUFACTURING,
`
`18
`
` INC. - EX 1001 - Page 1 - Page 16
`
`19
`
`20
`
`21
`
`
`
`
`
`
`
`22
`
` (continued...)
`
`EXHIBITS, continued:
`
`
`
`EXHIBIT/DESCRIPTION PAGE
`
`Exhibit 2079................................ 25
`
` Historical FCS Timeline
`
` Sleep Number Corp. EXHIBIT 2079
`
` IPR2019-00514, Page 1 - Page 21
`
` SN_0021013 - 33
`
`Exhibit 1001................................ 106
`
`0
`
` Patent No.: US 9,737,154 B2
`
`National Manufacturing, Incorporated.
` MR. TOFT: And Luke Toft with Fox
`Rothschild LLP, representing Sleep Number
`Corporation.
` THE VIDEOGRAPHER: Thank you.
` The court reporter today is Patrick Mahon,
`representing Planet Depos.
` Would the reporter please swear in the
`witness.
` (The oath was administered by the
`0
`reporter.)
`11
` THE WITNESS RESPONSE: I do.
`12
` PAUL J. MAHONEY,
`13
`a witness in the above-entitled proceedings, after
`14
`having been first duly sworn, deposed under oath
`15
`as follows:
`16
` EXAMINATION
`17
`BY MR. BEAR:
`18
` Q Could you state your name for the record,
`19
`please.
`20
` A Paul James Mahoney.
`21
` Q Mr. Mahoney, where do you currently
`22
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`8
`
`1234567891
`
` AMERICAN NATIONAL MANUFACTURING,
`
` INC. - EX 1001 - Page 1 - Page 20
`
`Exhibit 2056................................ 12
`
` Declaration of Paul Mahoney In
`
` Support Of Patent Owner's Response
`
` Sleep Number Corp. EXHIBIT 2056,
`
` IPR2019-00514, Page 1 - Page 12
`
`
`
`
`
`
`
`
`
`
`
`1 2 3 4 5 6 7 8 9 1
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`American National Manufacturing, Inc.
`EXHIBIT 1051
`IPR2019-00500
`Page 3
`
`

`

`Transcript of Paul J. Mahoney
`Conducted on January 9, 2020
`9
`
`3 (9 to 12)
`
`11
`
` A Fine.
` Q First is, of course, you're under oath.
`That means you're swearing to tell the truth; you
`understand that, right, sir?
` A Yes, I do.
` Q Okay. And although we are videotaping
`this deposition, as you notice, we are also
`transcribing it. And so for purposes of a record,
`although the camera may pick up a nod or a shrug
`or something like that, if you can give your
`answers in an audible form, it would be much
`appreciated. Okay?
` A Yes, I will.
` Q Excellent. Excellent. From time to time,
`Mr. Toft may object. In most circumstances,
`you're still going to have to answer the question,
`unless he instructs you otherwise. Okay?
` A Okay.
` Q In addition to that, feel free, if you
`need a break, we'll take a break as you need them.
`However, the one thing I'd ask is, if we've got a
`question pending, to answer the question first and
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`reside?
` A Stillwater, Minnesota.
` Q Stillwater, Minnesota.
` I know from some documents in front of me
`that you have been deposed before; is that
`correct?
` A That is correct.
` Q Okay. You were deposed on or about
`March 10, 2016, in an International Trade
`Commission case; do you recall that, sir?
` A I recall the case, but I don't remember
`the date.
` Q Is it approximately 2016? Would that be
`consistent with your memory?
` A I just don't remember.
` Q Okay. You were also deposed on or about
`February 17, 2016, in a case, Select Comfort
`versus Tempur Sealy; do you recall that, sir?
` A Tempur Sealy?
` Q Yes.
` A I didn't think it was Tempur Sealy, but...
` Q Do you recall a gentleman by the name
`
`1234567891
`
`10
`
`of -- well, let's see. But you recall giving more
`than one deposition in 2016; is that correct?
` A I've given more than one deposition. I
`just don't remember the dates.
` Q Okay. And those depositions, were they
`regarding one of the patents that you are a named
`inventor on?
` A Yes.
` Q Okay. Besides those two depositions, have
`you given any depositions since that time and
`today?
` A Not that --
` MR. TOFT: Object to form.
` A Not that I know of.
`BY MR. BEAR:
` Q Okay. Have you given any type of sworn
`testimony in a proceeding between that time and
`today?
` A Not that I know of.
` Q Okay. So I want to go through some of the
`ground rules, although you probably heard them
`before, about the deposition. Okay?
`
`then we'll take the break. Okay?
` A That sounds fine.
` Q All righty. Is there any reason why you
`can't testify truthfully today, sir?
` A No.
` Q Okay. So I am going to hand you what has
`previously been marked as Exhibit 2056 in the -514
`proceeding. And do you recognize this document,
`sir?
` A (Reviewing.) Yes, I do.
`0
` Q Okay. And what is this document?
`11
` A "Declaration of Paul Mahoney in Support of
`12
`Patent Owner's Response."
`13
` Q Okay.
`14
` MR. BEAR: Can we get a stipulation on the
`15
`record that other than a different exhibit number,
`16
`this is the same declaration that has been filed
`17
`in the other IPR proceedings, Counsel?
`18
` MR. TOFT: Yes, that's fine. I believe
`19
`the date, the signed date is different, as well,
`20
`but other than that...
`21
` MR. BEAR: Okay.
`22
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`12
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`American National Manufacturing, Inc.
`EXHIBIT 1051
`IPR2019-00500
`Page 4
`
`

`

`Transcript of Paul J. Mahoney
`Conducted on January 9, 2020
`13
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`BY MR. BEAR:
` Q So as I ask you questions about this,
`although I have one of these, it would equally
`apply to all three of your declarations. Okay?
` A (Witness nods in affirmative.)
` Q All righty. Did you draft this document
`yourself?
` A (Reviewing.) Which portion?
` Q Any portion of the document?
` A I drafted my CV.
` Q Okay. Beyond that, any other portions did
`you draft yourself?
` A No, I did not.
` Q Okay. Who did prepare the draft for you?
` A I think it was Liz.
` Q Liz, Elizabeth Patton?
` A I can't remember her last name.
` MR. TOFT: If it's the person that we were
`just meeting with, then that is her last name.
` THE WITNESS: Okay.
` A Yes.
`BY MR. BEAR:
`
`4 (13 to 16)
`
`15
`
` Q Okay. I notice, as well, in paragraph 2,
`you talk about your educational background. You
`have a BS in science in electrical engineering; is
`that correct?
` A Yes, I do.
` Q And you also have a master's in biomedical
`engineering from Southern Methodist; is that
`correct?
` A Yes, it is.
` Q What is biomedical engineering?
` A It kind of builds on engineering
`principles and also biology.
` Q Biology. So what are some of the
`applications that a biomedical engineering
`discipline would address?
` A It all would depend on what your specialty
`is.
` Q What was your specialty?
` A Mine was more general.
` Q So what sorts of problems would you work
`on as a biomedical engineer?
` A It all depended on the company that I
`
`14
` Q Okay. And did you make any changes to the
`draft that she provided to you?
` A Yes, I did.
` Q Okay. Did Ms. Patton consult you prior to
`providing a draft of this document to you, as in,
`like, a telephone conference or an in-person
`meeting?
` MR. TOFT: And I'm just going to instruct
`you, to the extent you can answer the question
`without revealing the content of the
`conversations, you can answer. Please don't --
` A Yes, I did.
`BY MR. BEAR:
` Q Okay. I'd like to talk about some of the
`statements you make in this document. It says
`that you were employed, in paragraph 3, as a
`"Senior Product Design Engineer from June 1995 to
`July 2011"; do you see that, sir?
` A Yes, I do.
` Q Okay. And that was at Sleep Number
`Corporation; is that correct?
` A That is correct.
`
`would work for and what my role was in the
`company.
` Q Okay. After you got that degree, what was
`the first company you worked for?
` A I worked for a hospital.
` Q Okay. And were you employed as an
`engineer for the hospital or in a different
`capacity?
` A A different capacity.
` Q What was your capacity?
`0
` A Respiratory therapist.
`11
` Q Okay. And then how long did you work at
`12
`that hospital for, approximately?
`13
` A Three or four years, I think.
`14
` Q Okay. And then what did you do?
`15
` A I worked for 3M.
`16
` Q Did you work as an engineer for 3M?
`17
` A Yes, I did.
`18
` Q What sorts of problems or products did you
`19
`work on at 3M?
`20
` A Designing a neonatal intensive care
`21
`ventilator.
`22
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`1234567891
`
`16
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`American National Manufacturing, Inc.
`EXHIBIT 1051
`IPR2019-00500
`Page 5
`
`

`

`Transcript of Paul J. Mahoney
`Conducted on January 9, 2020
`17
`
`5 (17 to 20)
`
`19
`
` A That is correct.
` Q Okay. And so what sort of problems,
`engineering problems would you address in that
`role?
` A I worked on their -- on the life support
`ventilators.
` Q And as part of your work on the life
`support ventilators, did you address similar
`problems to what you were working on at 3M?
` MR. TOFT: Object to form.
` A I don't remember.
`BY MR. BEAR:
` Q Did you work with fluid control aspects of
`their products at the company after 3M?
` A I worked more on the electronic section of
`it.
` Q What sorts of things would you work on
`with the electronics?
` A A-to-D converters, types of resistors,
`types of potentiometers, and IC replacements.
` Q Okay. A-to-D converters, is that
`analog-to-digital converters?
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
` Q And in layman's terms, what is a neonatal
`ventilator?
` A It's a machine used on premature babies
`that can't breathe on their own.
` Q Okay. And what does the machine do for
`the premature babies?
` A It moves air in and moves air out.
` Q Okay. So as --
` A Life support.
` Q Life support.
` So as part of your role as an engineer
`dealing with those sorts of problems, did you deal
`with issues of moving fluids like air?
` A Yes, I did.
` Q Did you deal with issues related to
`sensing air pressure?
` A Yes, I did.
` Q What sorts of art or principles would you
`look at when trying to solve a problem in that
`engineering space?
` MR. TOFT: Object to form.
` A Most of the problems that I looked at was
`18
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`20
`
`1234567891
`
`trying to figure out the electronics to control
`the unit.
`BY MR. BEAR:
` Q The electronics that would send commands
`for fluid to move and that sort of thing or
`sensor-like commands?
` MR. TOFT: Same objection.
` A It was more a fluid control.
`BY MR. BEAR:
` Q And what sorts of problems did you
`encounter with fluid control in connection with
`that role?
` A It's been so long, I don't remember.
` Q That's fine.
` After 3M, where did you work?
` A Aequitron Medical.
` Q And what is Aequitron Medical?
` A They made monitors for kids who are
`susceptible to sudden infant death syndrome, home
`healthcare monitors for high quads, and oxygen
`concentrators.
` Q And high quads being quadriplegics?
`
` A Yes, it is.
` Q And what would be those applications in
`the context that you were working on?
` A Oh, inputs from different types of
`sensors.
` Q What types of sensors?
` A Position sensors, potentiometers, pressure
`sensors. That's all I can remember.
` Q So as part of your work, you were
`addressing problems with pressure sensors?
`0
` A Not problems, just looking at different
`11
`types of pressure sensors.
`12
` Q And how to apply them to products that the
`13
`company was producing?
`14
` A That would be correct.
`15
` Q Okay. How long did you work at that
`16
`company?
`17
` A Six, seven years.
`18
` Q And then what did you do after that?
`19
` A I worked briefly again for 3M.
`20
` Q Did you have a similar role as you had
`21
`previously at 3M?
`22
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`American National Manufacturing, Inc.
`EXHIBIT 1051
`IPR2019-00500
`Page 6
`
`

`

`Transcript of Paul J. Mahoney
`Conducted on January 9, 2020
`21
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
` A No, I did not.
` Q What was your job at the time for 3M?
` A I was in their EMC facility.
` Q What is EMC?
` A Electromagnetic compatibility.
` Q And what is that?
` A That is testing devices for emitted
`radiations, ESD, electrostatic discharge, that
`type of a...
` Q And how long did you work at 3M the second
`time?
` A Six months to a year.
` Q Why did you leave?
` A I had an offer for a better position.
` Q And was that offer with Select Comfort
`Corporation?
` A Yes, it was.
` Q How did that happen? Did they contact
`you, or did you answer an ad? How did you come to
`be aware of Select Comfort Corporation?
` A Answer an ad from the paper.
` Q And what were they seeking in the paper?
`
`6 (21 to 24)
`
`23
`
` A I was familiar with moving air and also
`pressure transducers.
`BY MR. BEAR:
` Q So those would be applicable for the air
`bed industry?
` A That would be applicable for Select
`Comfort.
` Q Okay. And so your experience dealing with
`pressure transducers in the medical industry, that
`would have some application to air beds; is that a
`fair statement?
` A For Select Comfort's air beds.
` Q And would it -- only for Select Comfort's
`air beds?
` MR. TOFT: Objection to the extent it
`calls for speculation.
` A The only air beds I knew at the time were
`inflatables for camping.
`BY MR. BEAR:
` Q Okay. So to kind of tease this out,
`Select Comfort was making air beds that were not
`like the camping-type beds; is that fair?
`
`22
`
` A An engineer, as far as I can remember.
` Q Did you do an interview?
` A Yes, I did.
` Q Did they ask you about your background in
`the medical devices industry that you just
`described?
` A You know, I don't remember anything of the
`interview.
` Q Was there any interest regarding your
`background dealing with medical devices that dealt
`with pressure and air flow?
` A I am sure that that was brought up, but
`I'm not -- I don't remember.
` Q Why would that be of an interest to Select
`Comfort Corporation?
` MR. TOFT: Objection. Calls for
`speculation.
` A They were making air beds.
`BY MR. BEAR:
` Q And why would making air beds make your
`previous background interesting?
` MR. TOFT: Same objection.
`
` A From what I -- yes, that would be fair.
` Q And so the teachings that you had learned
`from the medical industry dealing with pressure
`transducers and air flow, those would not
`necessarily be applicable to camping mattresses
`that you -- is that correct?
` MR. TOFT: Object to form.
` A They could have been. I don't know.
`BY MR. BEAR:
` Q But they were applicable for the types of
`0
`air mattresses that Select Comfort Corporation was
`11
`making?
`12
` A At the time, yes, that's correct.
`13
` Q Consumer-type air mattress systems;
`14
`correct?
`15
` A For the air mattresses that Select Comfort
`16
`was making, yes.
`17
` Q Okay. You were eventually hired by Select
`18
`Comfort Corporation; right?
`19
` A Yes, I was.
`20
` Q Yes, obviously, or we wouldn't be here if
`21
`that wasn't the case.
`22
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`24
`
`1234567891
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`American National Manufacturing, Inc.
`EXHIBIT 1051
`IPR2019-00500
`Page 7
`
`

`

`Transcript of Paul J. Mahoney
`Conducted on January 9, 2020
`25
`
`7 (25 to 28)
`
`27
`
` A Jim Gifft.
` Q Jim Gifft. How did you first meet
`Mr. Gifft?
` A At Select Comfort.
` Q Okay. Was he there the entire time that
`you were employed at Select Comfort?
` A No.
` Q Did he start before you?
` A He started after me.
` Q After you. How long after you had started
`did Mr. Gifft start?
` A It was either one or two weeks.
` Q So right after you started?
` A Yes.
` Q Did he answer the same ad you answered?
` A I have no clue.
` Q Okay. And then when did he leave Select
`Comfort, to the best of your memory?
` A I don't remember.
` Q Was it before you had left?
` A Yes, it was.
` Q And was it a short period of time before
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
` So what was your position when you were
`first hired?
` A I worked in the laboratory.
` Q And what did you do in the laboratory?
` A My first assignment was to evaluate the
`air pumps that they were producing and selling.
` Q Okay. Actually, I might go a little out
`of order here, but I think probably will help us
`all.
` MR. BEAR: It's going to be Exhibit 2079,
`Counsel.
`BY MR. BEAR:
` Q Do you recognize this document, sir?
` A Yes, I do.
` Q Okay. And is this a history of the pumps
`that Select Comfort Corporation has offered
`throughout the years?
` A (Reviewing.) As far as I can remember.
` Q Okay. And so when you were describing the
`pumps that were in Select Comfort Corporation when
`you had joined the company, do you see any of
`those pumps depicted on this page?
`
`1234567891
`
`26
`
` A Yes, I do.
` Q And which were those? Which of these
`pumps, if any, were those pumps?
` A The ACS with hose --
` Q Okay.
` A -- and the UFCS-1.
` Q The UFCS-1. So that would be the pumps
`depicted on the top right-hand corner?
` A Correct.
` Q On the right of that, there's a pump
`designated C as in cat, F as in Frank, C as in
`cat, S as in Sam; do you see that, sir?
` A Yes, I do.
` Q And for the CFCS, was that developed by
`the time you had gotten to Select Comfort, or was
`that something that was developed after you had
`started employment?
` A (Reviewing.) That was developed after.
` Q Did you work on that project at all?
` A No, I did not.
` Q Do you know who was working on that
`project at that time?
`
`you left, like two weeks, like you described, or
`was it something a little bit more lengthy?
` A It was more lengthy, but I don't remember
`the time.
` Q Do you recall why Mr. Gifft left?
` A No, I do not.
` Q Okay. So going back to your first
`assignment, what was that again, sir?
` A Figuring out the issues that they were
`having with the pump that they were offering.
`0
` Q And that pump was the UFCS-1, did I recall
`11
`that correctly?
`12
` A That is correct.
`13
` Q Okay. And what sorts of directions were
`14
`you given about the issues that you needed to
`15
`explore?
`16
` A They wanted to know why the unit was
`17
`failing.
`18
` Q So the unit was failing at the time?
`19
` A Yes, it was.
`20
` Q And what sorts of failures were at issue?
`21
` A Leaks and radio issues.
`22
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`28
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`American National Manufacturing, Inc.
`EXHIBIT 1051
`IPR2019-00500
`Page 8
`
`

`

`Transcript of Paul J. Mahoney
`Conducted on January 9, 2020
`29
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
` Q Could you describe the leak issues that
`you were addressing?
` A The pump would leak and the air chamber
`would deflate.
` Q How would the leak occur?
` A Most of it revolved around the seal
`between the solenoid and the hose.
` Q And what was it about the seal between the
`solenoid and the hose that would create leaks?
` A That I don't remember. I mean, I don't
`think we ever found out.
` Q Okay. And then the other issue, you said
`radio issues. What were the radio issues?
` A The hand control would no longer control
`the pump.
` Q So there would be some sort of electrical
`interference of some sort that would prevent the
`hand controllers from communicating with the pump?
` A Yes.
` Q Were they wired at the time, or were they
`wireless?
` A It was wireless.
`
`8 (29 to 32)
`
`31
`
`Did you go to an engineering treatise? What sorts
`of things would you do to address that?
` A Looked at what was causing the problems in
`the radio and had it redesigned.
` Q Okay. How did you know how to redesign
`it?
` A I didn't. We went to an outside firm.
` Q Okay. And so the outside firm, was it a
`firm that specialized only in dealing with
`problems in the air adjustable mattress industry
`or a more general focus?
` MR. TOFT: Object to form.
` A Just a general engineering manufacturing
`firm.
`BY MR. BEAR:
` Q Okay. Do you recall what that firm was?
` A Winland Electronics.
` Q Winland, W-i-l --
` A W-i-n-l-a-n-d.
` Q Okay. And as to the seal issue, how did
`you approach solving a problem on the seal issue
`that you described?
`
`30
`
` A For the UFCS-1 we never did.
` Q And so the wireless controllers at the
` Q Okay. Did you later address the seal
`time had difficulties communicating with the air
`issue for a different pump?
`controller; is that...
` A Yes, I did.
` A That is correct.
` Q Which of the pumps, if any, on that page
` Q Okay. And did you ever discover the cause
`would be the pump that addressed that problem?
`of that particular problem?
` A UFCS-3.
` A Yes, we did.
` Q UFCS-3. Did that have any other names
` Q And what was the cause of that?
` A Multiple issues. Had to do with the
`besides UFCS-3 internally at Select Comfort?
` A Called the Stealth pump.
`stability of the transmitters and receivers, had
`0
`to do with the power requirements coming out, it
` Q Okay. And I believe you testified in
`11
`had to do with the antenna designs, it had to do
`other proceedings that the Stealth pump project
`12
`with the replacement of the battery in the hand
`was what led to the '172 patent; is that correct?
`13
` A That is correct.
`control, multiple issues.
`14
` Q Okay. And I seem to recall in some of
` Q So there was a lot of work to be done on
`15
`your prior testimony, you discussed a
`the radio issue when you got there?
`16
` A Yes, there was.
`demonstration that you made to the Select Comfort
`17
`Board that started the Stealth pump project?
` Q And were you awarded any patents related
`18
` A That is correct.
`to the work with the radio issues?
`19
` A No, I was not.
` Q Okay. And could you briefly describe what
`20
`that demonstration was?
` Q How were you able to address the problems
`21
` A Yes. I had come up with an idea for a
`of the radio issues? Did you research the issue?
`22
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`1234567891
`
`32
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`American National Manufacturing, Inc.
`EXHIBIT 1051
`IPR2019-00500
`Page 9
`
`

`

`Transcript of Paul J. Mahoney
`Conducted on January 9, 2020
`33
`
`quiet pump and went to my boss. He said the
`customer did want a quiet pump. I thought they
`did. So they was having a Board meeting, so I put
`together a pump and had it running during the
`entire Board meeting, and afterwards, you know, I
`said, you know, "Jeez, you know, I have an idea
`for a new pump, it would be quiet, and just to let
`you know, it's been running the entire time during
`the Board meeting, and it was history."
` Q Did you actually create the pump that you
`used for your demonstration?
` A I put the components together in a box.
` Q Okay. But the pump itself, did you
`assemble the pump, the device that was moving the
`air?
` A No, I did not.
` Q Okay. That was a pump that was provided
`to you by another company; isn't that correct?
` A Yes, it was.
` Q I believe it was -- was it Techno
`Takatsuki, spelled T-a-k-a-t-s-u-k-i?
` A That was the manufacturer of the pump, but
`34
`
`it was provided by Gast.
` Q Gast, G-a-s-t?
` A Yes.
` Q Okay. And so does Gast or Tinkatsu
`(phonetic) --
` A Techno Takatsuki.
` Q Techno Takatsuki.
` MR. TOFT: I don't know how you couldn't
`get that right away.
`BY MR. BEAR:
` Q For the ease of my pronunciation, can we
`call it Techno?
` A Sure.
` Q Excellent.
` A Sure.
` Q Okay. I appreciate that.
` So did Techno only manufacture pumps for
`the adjustable air mattress industry?
` A I have no clue.
` Q Okay. That was a pump that they had
`already developed, correct, the one that you
`utilized?
`
` Q It was a pump you could order from their
`catalog; right?
` A That is correct.
` Q And that pump could be utilized in a lot
`of different fields, right, not just air
`adjustable mattresses?
` MR. TOFT: Object to form.
` A That is correct.
`BY MR. BEAR:
` Q What other fields could that pump be
`0
`utilized in?
`11
` A It was used for fish tanks.
`12
` Q Any others that come to mind?
`13
` A Not that I can remember.
`14
` Q Fish tanks. It was designed and could
`15
`move water, for instance; is that correct?
`16
` A No, it could not.
`17
` Q Okay. How would it be used in a fish tank
`18
`then?
`19
` A The filters, supplying air through a
`20
`filter to filter the water, like bubblers.
`21
` Q Bubblers. Okay.
`22
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`1234567891
`
`9 (33 to 36)
`
` A That is correct.
` Q It was a linear pump; is that correct?
` A That is correct.
` Q Can you describe briefly what a linear
`pump is?
` A A linear pump has, oh, like, a little
`shuttle that goes back and forth, moves in a
`linear fashion and drives air in one side and
`moves it out the other side.
` Q And so for Techno and Gast, they already
`had developed the linear pump that you utilized in
`your demonstration; is that correct?
` MR. TOFT: Object to form.
` A Techno had. Gast was the U.S. rep.
`BY MR. BEAR:
` Q Okay. So when we're talking about who
`actually made it, it was Techno who actually
`manufactured this linear pump?
` A At that time, yes.
` Q Okay. And so Techno, that wasn't a
`prototype pump, was it?
` A No, it was not.
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`35
`
`36
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`American National Manufacturing, Inc.
`EXHIBIT 1051
`IPR2019-00500
`Page 10
`
`

`

`Transcript of Paul J. Mahoney
`Conducted on January 9, 2020
`37
`
`1234567891
`
`0
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
` Do you know what PSI range is that those
`types of fish tanks operate in?
` A I don't remember the top PSI range. They
`were all over the map.
` Q For the pump that you utilized as your
`demonstration, do you recall what the top PSI
`range was for it?
` A No, I do not.
` Q Was it more than 1 PSI?
` A Oh, yes, it was.
` Q Could it go significantly over 1 PSI?
` MR. TOFT: Object to form.
` A I don't remember how high it would go.
`BY MR. BEAR:
` Q But it would go over 1 PSI?
` A Yes, it would.
` Q And so a pump that could supply pressures
`in greater of 1 PSI is something that could be
`useful in solving air adjustable mattress
`problems?
` MR. TOFT: Object to form.
` A Not necessarily.
`
`10 (37 to 40)
`
`39
`
` A (Reviewing.)
` Q Page 8?
` A (Reviewing.) Yes, I do.
` Q Okay. So within that statement, no one at
`the company believed -- who specifically expressed
`skepticism to you?
` A My boss.
` Q Who was your boss?
` A John Schoenherr.
` Q Schoenherr. Okay. You wouldn't happen to
`be able to spell his last name for the court
`reporter?
` A No. Sorry. No, I couldn't.
` Q We'll come back to that perhaps.
` Why did Mr. Schoenherr express doubt? Did
`he say it gratuitously, like, "By the way, you
`can't ever make a quiet pump," or was it as part
`of a bigger conversation that you had?
` MR. TOFT: Object to form.
` A Boy, I don't remember.
`BY MR. BEAR:
` Q Do you recall a specific conversation with
`
`1234567891
`
`38
`
`BY MR. BEAR:
` Q But it could be used; is that correct?
` MR. TOFT: Same objection.
` A I guess. I'm not 100% sure.
`BY MR. BEAR:
` Q You used that pump to make a
`demonstration; correct?
` A Yes, I did.
` Q And it was an effective demonstration;
`right?
` A Yes, it was.
` Q Okay. And as part of the demonstration,
`you were trying to urge the Board to develop a
`quieter air controller system; is that a fair
`statement?
` A Y