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 B2
`____________
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`PATENT OWNER’S MOTION TO SEAL
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
`
`
`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 B2
`____________
`
`
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`
`
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`PATENT OWNER’S MOTION TO SEAL
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`
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`
`
`Case No. IPR2019-00500
`Patent No. 9,737,154 B2
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`
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Patent Owner respectfully submits
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`this Motion to Seal a confidential exhibit concurrently filed with Patent Owner’s
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`Opposition to Petitioner’s Motion to Exclude.
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`
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`Good Cause Exists for Sealing The Exhibits.
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`Patent Owner previously moved to seal Exhibit 2030. Patent Owner now
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`moves to seal Supplemental Exhibit 2030, which is a supplemental declaration of
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`one its experts and which is being filed in response to Petitioner’s Motion to Exclude.
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`(Paper 95.) As with the original declaration, Supplemental Exhibit 2030 contains
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`information derived from and extensively refers to Exhibit 2057 (IPR 8), which
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`Petitioner produced and designated as Highly Confidential – Outside Counsel Only
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`because it purportedly contains confidential sales and financial information. (See
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`also Paper 43 (moving to seal original declaration Exhibit 2030 on same grounds
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`based upon meet and confer with Petitioner’s counsel).)
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`Petitioner previously represented to Patent Owner that the disclosure of this
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`confidential information to the public would harm Petitioner in that it would provide
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`competitors or the public with proprietary and competitively sensitive information.
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`Patent Owner does not currently dispute that Exhibit 2057 or Supplemental Exhibit
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`2030 contain confidential information and that good cause exists to seal such
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`documents, and requests that the Board grant this Motion so that the information
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`remains protected under the Stipulated Protective Order in this proceeding.
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`1
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`Case No. IPR2019-00500
`Patent No. 9,737,154 B2
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`
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`Pursuant to the Stipulated Protective Order § 10(A)(ii), (Ex. 2024), and
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`because Petitioner has represented that Supplemental Exhibit 2030 contains both
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`confidential information and non-confidential information, Patent Owner is filing a
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`redacted version of Supplemental Exhibit 2030 publicly and a non-redacted version
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`under seal. The parties request that the Board maintain the non-redacted exhibit as
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`under seal and the redacted exhibit as the public version.
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` Certification of Non-Public Status.
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`Petitioner previously certified to the undersigned counsel for Patent Owner
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`that the information sought to be sealed has not been published or otherwise been
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`made available to the public. Patent Owner has also not published or otherwise made
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`the information available to the public.
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` Certification of Conference Between the Parties Pursuant to 37 C.F.R. §
`42.54(a).
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`The undersigned counsel for Patent Owner certifies that they have in good
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`faith met and conferred with counsel for Petitioner and have agreed that Exhibit
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`2030, and thus Supplemental Exhibit 2030, should be filed under seal.
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` Conclusion
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`In light of the good cause identified herein, Patent Owner respectfully requests
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`that the Board grant its Motion to Seal.
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`2
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`Case No. IPR2019-00500
`Patent No. 9,737,154 B2
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`
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`Dated: May 6, 2020
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`Respectfully submitted,
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`
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`By: /s/Luke Toft
`Luke Toft (Reg. No. 75,311)
`Andrew S. Hansen (pro hac vice)
`Archana Nath (pro hac vice)
`Elizabeth A. Patton (pro hac vice)
`FOX ROTHSCHILD LLP
`222 South Ninth Street, Suite 2000
`Minneapolis, MN 55402-3338
`Telephone: (612) 607-7000
`Facsimile: (612) 607-71000
`ltoft@foxrothschild.com
`ahansen@foxrothschild.com
`anath@foxrothschild.com
`epatton@foxrothschild.com
`
`Steven A. Moore (Reg. No. 55,462)
`ZHONG LUN
`1717 Kettner Boulevard, Suite 200
`San Diego, CA 92101
`Telephone: (323) 930-5690
`Facsimile: (323) 930-5693
`stevemoore@zhonglun.com
`
`Kecia J. Reynolds (Reg. No. 47,021)
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`1200 Seventeenth Street, NW
`Washington, DC 20036
`Telephone: (202) 663-8000
`Facsimile: (202) 663-8007
`kecia.reynolds@pillsburylaw.com
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`Attorneys for Patent Owner
`Sleep Number Corporation
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`3
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`Case No. IPR2019-00500
`Patent No. 9,737,154 B2
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`
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR § 42.6(e), the undersigned hereby certifies that on May 6,
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`2020, the foregoing Patent Owner’s Motion to Seal was served via e-mail, as
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`authorized by the Petitioner, at the following email correspondence address of
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`record:
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`Kyle L. Elliott
`kelliott@spencerfane.com
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`Kevin S. Tuttle
`ktuttle@spencerfane.com
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`Brian T. Bear (pro hac vice)
`bbear@spencerfane.com
`
`Lori J. Allee
`jallee@spencerfane.com
`SPENCER FANE LLP
`1000 Walnut Street, Suite 1400
`Kansas City, MO 64106
`
`Jaspal S. Hare
`jhare@spencerfane.com
`SPENCER FANE LLP
`2200 Ross Avenue
`Suite 4800 West
`Dallas, TX 75201
`
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`Dated: May 6, 2020
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`
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`
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`/s/Luke Toft
`Luke Toft (Reg. No. 75, 311)
`Counsel for Patent Owner
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`4
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