`
`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 REQUEST FOR ORAL ARGUMENT
`
`1
`
`WA 14413878.2
`
`
`
`Case No. IPR2019-00500
`Patent No. 9,737,154
`
`Pursuant to 37 C.F.R. § 42.70(a) and the Revised Scheduling Order dated
`
`March 5, 2020 (Paper 84), Petitioner American National Manufacturing Inc.
`
`respectfully requests oral argument on the issues raised in the papers filed in this
`
`Inter Partes Review (IPR). Without waiving consideration of any issue not identified
`
`below, Petitioner specifies the following issues to be argued:
`
`1.
`
`Petition.
`
`2.
`
`All grounds on which trial was instituted, and all issues raised in the
`
`All issues the Board instructed the parties to address in the Institution
`
`of Inter Partes Review (Paper 11), including the construction of disputed claim
`
`terms.
`
`3.
`
`All issues raised in Patent Owner’s Response, Petitioner’s Reply, and
`
`if filed, any sur-reply filed thereafter.
`
`4.
`
`All issues raised in any Motions to Exclude Evidence and Oppositions
`
`to Motions to Exclude, and Replies to Oppositions to Motions to Exclude filed by
`
`either party.
`
`5.
`
`Any issues properly raised by the Patent Owner in its Request for Oral
`
`Argument or at the oral argument.
`
`6.
`
`The Preliminary Guidance, and any points and evidence raised in Patent
`
`Owner’s Motion to Amend, Petitioner’s Opposition to Patent Owner’s Motion to
`
`2
`
`WA 14413878.2
`
`
`
`Case No. IPR2019-00500
`Patent No. 9,737,154
`
`Amend, Patent Owner’s Reply to the Opposition to the Motion to Amend, and if
`
`filed, any sur-reply filed thereafter.
`
`The parties to this IPR are the same as the parties in IPR2019-00497 and
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`IPR2019-00514 (“related trials”). The Board has scheduled oral argument (New Due
`
`Date 8) for May 20 2020, in this IPR as well as in IPR2019-00497 and IPR2019-
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`00514. Petitioner prefers all issues associated with IPR2019-00497 to be heard first
`
`including motions to amend, followed by all issues associated with IPR2019-00500
`
`including motions to amend, concluding with all issues associated with IPR2019-
`
`00514. Petitioner requests one (1) hour of total time in this IPR and IPR2019-00497
`
`to present arguments.
`
`At the current time, the oral hearing will occur by video or telephone, and
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`Petitioner
`
`expects
`
`to
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`display
`
`documents
`
`and/or
`
`exhibits.
`
`https://www.uspto.gov/coronavirus (last visited Apr. 8, 2020). However, in the event
`
`the oral hearing is held in person, Petitioner requests permission to use audio/visual
`
`equipment at the oral hearing, including a projector screen for displaying documents
`
`and/or exhibits.
`
`3
`
`WA 14413878.2
`
`
`
`Case No. IPR2019-00500
`Patent No. 9,737,154
`
`Date: April 8, 2020
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully Submitted,
`SPENCER FANE LLP
`
`By /s/Kyle L. Elliott .
`Kyle L. Elliott, Reg. No. 39,485
`Kevin S. Tuttle, Reg. No. 52,307
`Brian T. Bear (pro hac vice)
`Mark A. Thornhill (pending pro hac vice)
`Spencer Fane LLP
`1000 Walnut Street, Suite 1400
`Kansas City, Missouri 64106-2140
`Telephone: (816) 474-8100
`
`Jaspal S. Hare, Reg. No. 66,988
`jhare@spencerfane.com
`Spencer Fane LLP
`5700 Granite Pkwy, Suite 650
`Plano, TX 75024
`
`4
`
`WA 14413878.2
`
`
`
`Case No. IPR2019-00500
`Patent No. 9,737,154
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that a copy
`
`of the foregoing PETITIONER’S REQUEST FOR ORAL ARGUMENT was served
`
`in its entirety on April 8, 2020, by electronic mail, as authorized by Patent Owner’s
`
`Updated Mandatory Notices, directed to the attorneys of record for Patent Owner at
`
`the following correspondence address of record:
`
`Steven A. Moore
`stevemoore@zhonglun.com
`ZHONG LUN
`4322 Wilshire Boulevard, Suite 200
`Los Angeles, CA 90010
`
` Kecia J. Reynolds
`kecia.reynolds@pillsburylaw.com
`PILLSBURY WINTHORP SHAW
`PITTMAN LLP
`1200 Seventeenth Street, NW
`Washington, DC 20036
`
`Luke Toft
`ltoft@foxrothschild.com
`
`
`
`
`
`Andrew Hansen (pro hac vice)
`ahansen@foxrothschild.com
`
`Archana Nath (pro hac vice)
`anath@foxrothschild.com
`
`Elizabeth A. Patton (pro hac vice)
`epatton@foxrothschild.com
`
`FOX ROTHSCHILD LLP
`222 South Ninth Street, Suite 2000
`Minneapolis, MN 55402
`
`
`5
`
`WA 14413878.2
`
`
`
`Case No. IPR2019-00500
`Patent No. 9,737,154
`
`Date: April 8, 2020
`
`
`
`
`
`
` /s/Kyle L. Elliott .
`Kyle L. Elliott (Reg. No. 39,485)
`.
`Attorney for Petitioner
`American National Manufacturing, Inc.
`
`6
`
`WA 14413878.2
`
`
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