The parties hereby stipulate to and petition the Board to enter the following
`
`Stipulated Protective Order (“Protective Order”) in this Inter Partes Review (“IPR”),
`
`which is modified from the Board’s Default Protective Order to include heightened
`
`levels of confidentiality protection to mirror that in the district court actions
`
`involving the same parties, Sleep Number Corporation v. American National
`
`Manufacturing, Inc., 5:18-cv-00357AB(SPx) (C.D. Cal. 2018) and Sleep Number
`
`Corporation v. Sizewise Rentals, LLC, 5:18-cv-00356AB(SPx) (C.D. Cal.)
`
`(hereinafter “District Court Cases”).
`
`Standing Protective Order
`
`This standing protective order governs the treatment and filing of confidential
`
`information, including documents and testimony.
`
`1.
`
`GOOD CAUSE STATEMENT.
`
`There is good cause to modify the Board’s Default Protective Order in this
`
`matter. First, the Court in the District Court Cases entered an order on September
`
`26, 2019 (5:18-cv-00357AB(SPx), Doc. 173; and 5:18-cv-00356AB(PPx), Doc.
`
`177) modifying the District Court Cases’ protective order to include this IPR, which
`
`allows the parties to utilize documents designated under that Protective Order in this
`
`IPR. As a result, those documents should be entitled to the same level of protection
`
`in this IPR, which justifies modification of the Board’s Default Protective Order.
`
`Second, the parties anticipate that documents in this IPR, including produced
`
`documents, will potentially include deposition transcripts, and other disclosures
`
`involving confidential product and patent information, non-public confidential
`
`financial and sales information, confidential source code information of the parties,
`
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`Stipulated Protective Order (“Protective Order”) in this Inter Partes Review (“IPR”),
`
`which is modified from the Board’s Default Protective Order to include heightened
`
`levels of confidentiality protection to mirror that in the district court actions
`
`involving the same parties, Sleep Number Corporation v. American National
`
`Manufacturing, Inc., 5:18-cv-00357AB(SPx) (C.D. Cal. 2018) and Sleep Number
`
`Corporation v. Sizewise Rentals, LLC, 5:18-cv-00356AB(SPx) (C.D. Cal.)
`
`(hereinafter “District Court Cases”).
`
`Standing Protective Order
`
`This standing protective order governs the treatment and filing of confidential
`
`information, including documents and testimony.
`
`1.
`
`GOOD CAUSE STATEMENT.
`
`There is good cause to modify the Board’s Default Protective Order in this
`
`matter. First, the Court in the District Court Cases entered an order on September
`
`26, 2019 (5:18-cv-00357AB(SPx), Doc. 173; and 5:18-cv-00356AB(PPx), Doc.
`
`177) modifying the District Court Cases’ protective order to include this IPR, which
`
`allows the parties to utilize documents designated under that Protective Order in this
`
`IPR. As a result, those documents should be entitled to the same level of protection
`
`in this IPR, which justifies modification of the Board’s Default Protective Order.
`
`Second, the parties anticipate that documents in this IPR, including produced
`
`documents, will potentially include deposition transcripts, and other disclosures
`
`involving confidential product and patent information, non-public confidential
`
`financial and sales information, confidential source code information of the parties,
`
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`confidential source code information of third-parties, and other proprietary
`
`information, is in need of a heightened level of confidentiality protection like in the
`
`District Court Cases. This also justifies modification of the Board’s Default
`
`Protective Order. The parties hereby incorporate by reference the District Court
`
`Cases’ protective order and modifications.
`
`It is the intent of the parties that information will not be designated as
`
`confidential for tactical reasons and that nothing be so designated without a good
`
`faith belief that it has been maintained in a confidential, non-public manner, and
`
`there is good cause why it should not be part of the public record of this case.
`
`2.
`
`DEFINITIONS
`
`2.1 Action: IPR2019-00497, IPR2019-00500, and IPR2019-00514.
`
`2.2 Challenging Party: a Party or Non-Party that challenges the designation
`
`of information or items under this Order.
`
`2.3 Confidential Information or Items: information (regardless of how it is
`
`generated, stored or maintained) or tangible things that qualify for protection under
`
`Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
`
`Statement.
`
`2.4 Counsel: Outside Counsel of Record, House Counsel, as well as each
`
`of their support staff.
`
`2.5 Designating Party: a Party or Non-Party that designates information or
`
`items that it produces in disclosures or discovery as “CONFIDENTIAL,” “HIGHLY
`
`CONFIDENTIAL
`
`– OUTSIDE COUNSEL ONLY,”
`
`or
`
`“HIGHLY
`
`CONFIDENTIAL SOURCE CODE — OUTSIDE COUNSEL ONLY.”
`
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`2.6 Disclosure or Discovery Material: all items or information, regardless
`
`of the medium or manner in which it is generated, stored, or maintained (including,
`
`among other things, testimony, transcripts, and tangible things), that are produced or
`
`generated in disclosures or responses to discovery in this matter.
`
`2.7 Expert: a person with specialized knowledge or experience in a matter
`
`pertinent to the litigation who has been retained by a Party or its counsel to serve as
`
`an expert witness or as a consultant in this Action.
`
`2.8
`
`“HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY”
`
`Information or Items: extremely sensitive “Confidential Information or Items”,
`
`including non-public confidential financial and sales information, whose disclosure
`
`to another Party or Non-Party would create a substantial risk of serious harm that
`
`could not be avoided by less restrictive means.
`
`2.9
`
`“HIGHLY CONFIDENTIAL SOURCE CODE – OUTSIDE
`
`COUNSEL ONLY” Information or Items: extremely sensitive “Confidential
`
`Information or Items” if it comprises or describes Source Code. “Source Code”
`
`means computer/software code, scripts, assembly
`
`language, source code,
`
`object/executable code, source code listings, object code listings and descriptions of
`
`object code, Hardware Description Language (HDL) or Register Transfer Level
`
`(RTL) files that describe the hardware design of any ASIC or other chip, and
`
`formulas, engineering specifications, or schematics that define or otherwise describe
`
`in detail the algorithms or structure of software. Source Code documents at least
`
`include (1) printed documents that contain or refer to selected Source Code
`
`components; (2) electronic communications and descriptive documents, such as
`
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`emails, design documents and programming examples, which contain or refer to
`
`selected Source Code components; (3) electronic Source Code documents that reside
`
`in a Source Code repository from which software and related data files may be
`
`compiled, assembled, linked, executed, debugged and/or tested; and (4) transcripts,
`
`reports, video, audio, or other media that include, quote, cite, describe, or otherwise
`
`refer to Source Code, Source Code files, and/or the development thereof. Source
`
`Code files include, but are not limited to documents containing source code in “C”,
`
`“C++”, Java, Java scripting languages, assembler languages, command languages
`
`and shell languages. Source Code files may further include “header files,” “make”
`
`files, project files, link files, and other human-readable text files used in the
`
`generation, compilation, translation, and/or building of executable software,
`
`including software intended for execution by an interpreter. Documents and things
`
`produced during this Action designated with the label “HIGHLY CONFIDENTIAL
`
`SOURCE CODE – OUTSIDE COUNSEL ONLY,” shall be protected in accordance
`
`with this Protective Order and subject to additional protections provided herein
`
`below.
`
`2.10 In-House Counsel: attorneys who are employees of a party to this
`
`Action, or work in the legal department of a party to this Action. House Counsel
`
`does not include Outside Counsel of Record or any other outside counsel.
`
`2.11 Non-Party: any natural person, partnership, corporation, association or
`
`other legal entity not named as a Party to this action.
`
`2.12 Outside Counsel of Record: attorneys who are not employees of a party
`
`to this Action and do not work in the legal department of a party to this Action or
`
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`who are not otherwise directly affiliated with a party to this Action but are retained
`
`to represent or advise a party to this Action and have appeared in this Action on
`
`behalf of that party or are affiliated with a law firm that has appeared on behalf of
`
`that party, and includes support personnel.
`
`2.13 Party: any party to this Action, including all of its officers, directors,
`
`employees, consultants, retained experts, and Outside Counsel of Record (and their
`
`support personnel).
`
`2.14 Producing Party: a Party or Non-Party that produces Disclosure or
`
`Discovery Material in this Action.
`
`2.15 Professional Vendors: persons or entities that provide litigation support
`
`services (e.g., photocopying, videotaping, translating, preparing exhibits or
`
`demonstrations, and organizing, storing, or retrieving data in any form or medium)
`
`and their employees and subcontractors.
`
`2.16 Protected Material: any Disclosure or Discovery Material that is
`
`designated as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – OUTSIDE
`
`COUNSEL ONLY,” or “HIGHLY CONFIDENTIAL SOURCE CODE –
`
`OUTSIDE COUNSEL ONLY.”
`
`2.17 Receiving Party: a Party that receives Disclosure or Discovery Material
`
`from a Producing Party.
`
`3.
`
`SCOPE
`
`The protections conferred by this Stipulated Protective Order cover not only
`
`Protected Material (as defined above), but also (1) any information copied or
`
`extracted from Protected Material; (2) all copies, excerpts, summaries, or
`
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`compilations of Protected Material; and (3) any testimony, conversations, or
`
`presentations by Parties or their Counsel that might reveal Protected Material.
`
`4.
`
`DURATION
`
`Even after final disposition of this Action, the confidentiality obligations
`
`imposed by this Order shall remain in effect until a Designating Party agrees
`
`otherwise in writing or the Board or a court order otherwise directs. “Final
`
`disposition” shall mean the exhaustion of all motions and appeals following final
`
`termination of the Action.
`
`
`
`DESIGNATIONS
`
`15. Confidential information shall be clearly marked ‘‘PROTECTIVE ORDER
`
`MATERIAL.’’“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – OUTSIDE
`
`COUNSEL ONLY,” or “HIGHLY CONFIDENTIAL SOURCE CODE –
`
`OUTSIDE COUNSEL ONLY.” All documents from the District Court Cases used
`
`in this IPR/Action shall be presumed to carry the same designation as given in the
`
`District Court Cases without having to re-designate such documents in this
`
`IPR/Action.
`
`6.
`
`Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
`
`ordered by the Board or permitted in writing by the Designating Party, a Receiving
`
`Party may disclose any information or item designated “CONFIDENTIAL” only to:
`
`2. Access to confidential information is limited to the following
`
`individuals who have executed the acknowledgment appended to this order:
`
`(A) Parties. Persons who are owners of a patent involved in the proceeding
`
`and other persons who are named parties to the proceeding.
`
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`(B) Party Representatives(A) Outside Counsel of Record. Representatives
`
`of record for a party in the proceeding, as defined above.
`
`(CB) Experts. Retained eExperts of a party in the proceeding who , as defined
`
`above, who sign the “Standard Acknowledgment for Access to Protective Order
`
`Material” and further certify in the Acknowledgement that they are not a competitor
`
`to any party, or a consultant for, or employed by, such a competitor with respect to
`
`the subject matter of the proceeding.
`
`(D) In-house counsel. In-house counsel of a party.
`
`(C)
`
`In-house counsel and Other Employees of a Party. In-house counsel
`
`and support staff of a party. Up to three officers, directors, and employees (including
`
`In-house counsel) of the Receiving Party to whom disclosure is reasonably necessary
`
`for this Action and who have signed the “Standard Acknowledgment for Access to
`
`Protective Order Material.”
`
`(E) Other Employees of a Party. Employees, consultants or other persons
`
`performing work for a party, other than in-house counsel and in-house
`
`counsel’s support staff, who sign the Acknowledgement shall be extended
`
`access to confidential information only upon agreement of the parties or by
`
`order of the Board upon a motion brought by the party seeking to disclose
`
`confidential information to that person. The party opposing disclosure to that
`
`person shall have the burden of proving that such person should be restricted
`
`from access to confidential information.
`
`(F(D) The Office. Employees and representatives of the Office who have a
`
`need for access to the confidential information shall have such access without the
`
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`requirement to sign an Acknowledgement. Such employees and representatives shall
`
`include the Director, members of the Board and their clerical staff, other support
`
`personnel, court reporters, and other persons acting on behalf of the Office.
`
`(GE) Support Personnel. Administrative assistants, clerical staff, court
`
`reporters and other support personnel of the foregoing persons who are reasonably
`
`necessary to assist those persons in the proceeding shall not be required to sign an
`
`Acknowledgement, but shall be informed of the terms and requirements of the
`
`Protective Order by the person they are supporting who receives confidential
`
`information.
`
`(F) Witnesses. During their depositions, witnesses, and attorneys for
`
`witness, in the Action to whom disclosures is reasonably necessary provided: (1) the
`
`deposing party requests that the witness sign the “Standard Acknowledgment for
`
`Access to Protective Order Material”; and (2) they will not be permitted to keep any
`
`confidential information as permitted under this Stipulated Protective Order unless
`
`they sign the “Standard Acknowledgment for Access to Protective Order Material,”
`
`unless otherwise agreed by the Designating Party or ordered by the Board. Pages of
`
`transcribed deposition testimony or exhibits to depositions that reveal Protected
`
`Material may be separately bound by the court reporter and may not be disclosed to
`
`anyone except as permitted under this Stipulated Protective Order.
`
`(G) Mediators. Any mediator or settlement officer, and their supporting
`
`personnel, mutually agreed upon by any of the parties engaged in settlement
`
`discussions.
`
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`7.
`
`Disclosure of “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY”
`
`Information or Items. Unless otherwise ordered by the Board or permitted in writing
`
`by the Designating Party, a Receiving Party may disclose any information or item
`
`designated “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY” only to:
`
`(A)
`
`the Receiving Party’s Outside Counsel of Record in this Action, as well
`
`as personnel directly employed by Outside Counsel of Record to whom it is
`
`reasonably necessary to disclose the information for this Action;
`
`(B) Experts (as defined in this Order) of the Receiving Party to whom
`
`disclosure is reasonably necessary for this Action and who have signed the “Standard
`
`Acknowledgment for Access to Protective Order Material”;
`
`(C)
`
`the Board and its personnel;
`
`(D)
`
`court reporters and their staff;
`
`(E)
`
`professional jury or trial consultants, mock jurors, and Professional
`
`Vendors to whom disclosure is reasonably necessary for this Action and who have
`
`signed the “Standard Acknowledgment for Access to Protective Order Material”
`
`(F)
`
`the author or recipient of a document containing the information or a
`
`custodian or other person who otherwise possessed or knew the information;
`
`(G) during their depositions, witnesses, and attorneys for witnesses, in the
`
`Action to whom disclosure is reasonably necessary provided: (1) the deposing party
`
`requests that the witness sign “Standard Acknowledgment for Access to Protective
`
`Order Material”; and (2) they will not be permitted to keep any confidential
`
`information unless they sign the “Standard Acknowledgment for Access to
`
`Protective Order Material,” unless otherwise agreed by the Designating Party or
`
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`ordered by the Board. Pages of transcribed deposition testimony or exhibits in
`
`depositions that reveal Protected Material may be separately bound by the court
`
`reporter and may not be disclosed to anyone except as permitted under this Stipulated
`
`Protective Order; and
`
`(H)
`
`any mediator or settlement officer, and their supporting personnel,
`
`mutually agreed upon by any of the parties engaged in settlement discussions.
`
`8.
`
`Disclosure of “HIGHLY CONFIDENTIAL SOURCE CODE – OUTSIDE
`
`COUNSEL ONLY” Information and Items.
`
`(A) A producing party may designate Source Code as “HIGHLY
`
`CONFIDENTIAL SOURCE CODE – OUTSIDE COUNSEL ONLY” if it
`
`comprises or includes confidential, proprietary, and/or trade secret Source Code.
`
`Material designated as “HIGHLY CONFIDENTIAL SOURCE CODE – OUTSIDE
`
`COUNSEL ONLY” shall be subject to the following additional restrictions and
`
`protections:
`
`(i)
`
`Except as specifically authorized by this section, Source Code or
`
`details about how it is implemented may not be disclosed, printed, photographed,
`
`copied, removed, electronically transmitted, or otherwise reproduced without the
`
`agreement of the Producing Party or further order of the Board. Summaries,
`
`descriptions, or accounts of Source Code may be shared only with Receiving Party’s
`
`Outside Counsel of Record and Experts to whom disclosure is reasonably necessary
`
`for this Action and who have signed the “Standard Acknowledgment for Access to
`
`Protective Order Material.” The Receiving Party shall not tamper with any
`
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`safeguards designed to prevent these activities or otherwise attempt to circumvent
`
`any provision of this section.
`
`(ii) No electronic copies of Source Code shall be made (including by
`
`way of example only, the Receiving Party may not scan the source code to a PDF or
`
`photograph the code). Images or copies of the protected Source Code shall not be
`
`included in correspondence between the parties (references to production numbers,
`
`file paths, or file names shall be used instead), and shall be omitted from pleadings
`
`and other papers whenever possible. The parties further agree to use no more
`
`protected Source Code in such filing than is reasonably necessary to accomplish the
`
`purpose for which the protected Source Code is being relied upon. In accordance
`
`with the District Court Cases’ November 20, 2018 Order, the Parties are allowed to
`
`include line numbers and variable and method names from Source Code, where
`
`reasonably necessary, in pleadings or other papers but such pleadings or other papers
`
`shall be designated “HIGHLY CONFIDENTIAL– OUTSIDE COUNSEL ONLY.”
`
`(iii) Copies of Source Code that are marked as deposition exhibits
`
`shall not be provided to the court reporter or attached to depositions transcripts;
`
`rather, the deposition record will identify the exhibit by its production numbers. All
`
`paper copies of Source Code brought to the deposition shall be securely destroyed
`
`in a timely manner following the deposition.
`
`(iv) Any consultant or Expert retained on behalf of a Party to this
`
`Action who is to be given access to the Producing Party’s protected Source Code
`
`(whether in electronic form, printed copies, or otherwise) must agree in writing not
`
`to write Source Code or engage in product design relating to air mattress systems or
`
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`components thereof for a period of two (2) years after issuance of a final,
`
`nonappealable decision resolving all issues in this Action.
`
`(B) Unless otherwise ordered by the Board or permitted in writing by the
`
`Designating Party, a Receiving Party may disclose any information or item
`
`designated “HIGHLY CONFIDENTIAL SOURCE CODE – OUTSIDE COUNSEL
`
`ONLY” only to:
`
`(i)
`
`the Receiving Party’s Outside Counsel of Record in this Action,
`
`as well as personnel of said Outside Counsel of Record to whom it is reasonably
`
`necessary to disclose the information for this Action;
`
`(ii) Experts (as defined in this Order) of the Receiving Party to whom
`
`disclosure is reasonably necessary for this Action and who have signed the “Standard
`
`Acknowledgment of Access to Protective Order Material”;
`
`(iii)
`
`the Board and its personnel;
`
`(iv)
`
`court reporters and their staff;
`
`(v)
`
`during their depositions, witnesses, and attorneys for witness, in
`
`the Action to whom disclosures is reasonably necessary provided: (1) the deposing
`
`party requests that the witness sign the “Standard Acknowledgment for Access to
`
`Protective Order Material”; and (2) they will not be permitted to keep any
`
`confidential information as permitted under this Stipulated Protective Order unless
`
`they sign the “Standard Acknowledgment for Access to Protective Order Material,”
`
`unless otherwise agreed by the Designating Party or ordered by the Board. Pages of
`
`transcribed deposition testimony or exhibits to depositions that reveal Protected
`
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`Material may be separately bound by the court reporter and may not be disclosed to
`
`anyone except as permitted under this Stipulated Protective Order; and
`
`(vi)
`
`any mediator or settlement officer, and their supporting
`
`personnel, mutually agreed upon by any of the parties engaged in settlement
`
`discussion.
`
`(C)
`
`In accordance with the District Court Cases’ September 26, 2019 Order
`
`modifying the protective order in the District Court Cases, any District Court Cases
`
`documents used in this IPR/Action must have private Source Code information from
`
`third parties redacted. This does not include the Source Code information that is the
`
`property of Petitioner American National Manufacturing, Inc., Real-Party-in-
`
`Interest Sizewise Rentals, LLC, and Patent Owner Sleep Number Corporation,
`
`which are subject to the protections set forth above. For the avoidance of doubt,
`
`ANM represents that all of the source code that is utilized in its and Sizewise’s
`
`accused products and referenced in Patent Owner’s District Court Cases
`
`Infringement Contentions is third-party source code that must be redacted.
`
`Specifically, ANM represents that the source code owned and voluntarily produced
`
`by Medisphere in the District Court Cases is a third party source code under this
`
`subparagraph, and includes the Platinum 5000/6000 source code identified as
`
`“Medisphere” in Patent Owner’s Infringement Contentions. ANM further represents
`
`that the source code produced by Sizewise in the District Court Cases is in fact
`
`owned by third party Elsyn and includes the Platinum 5000/6000 source code
`
`identified as “Platinum” in Patent Owner’s Infringement Contentions; Elsyn has
`
`promised to assign this source code to Sizewise, though no assignment has been
`
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`prepared or executed. Additionally, ANM represents that the Providence source
`
`code is the property of third-party Providence, and includes the versions of the
`
`Providence code identified as Versions 1.8, 1.97, and 2.0 in Patent Owner’s
`
`Infringement Contentions. As a result, to the extent such third-party Source Code
`
`information is not obtained or allowed to be used directly in this IPR/Action, the
`
`District Court Cases’ September 26, 2019 Order requires redaction of the Source
`
`Code line numbers and variable and method names in Patent Owner’s Infringement
`
`Contentions and does not allow for filing the Source Code itself. However, nothing
`
`herein prevents Petitioner, Patent Owner, or their respective Experts from drawing
`
`conclusions as to whether Source Code reads on each claim limitation of the patents
`
`at issue in this IPR/Action.
`
`39. Persons receiving confidential information shall use reasonable efforts to
`
`maintain the confidentiality of the information, including:
`
`(A) Maintaining such information in a secure location to which persons not
`
`authorized to receive the information shall not have access;
`
`(B) Otherwise using reasonable efforts to maintain the confidentiality of the
`
`information, which efforts shall be no less rigorous than those the recipient uses to
`
`maintain the confidentiality of information not received from the disclosing party;
`
`(C) Ensuring that support personnel of the recipient who have access to the
`
`confidential information understand and abide by the obligation to maintain the
`
`confidentiality of information received that is designated as confidential; and
`
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`(D) Limiting the copying of confidential information to a reasonable
`
`number of copies needed for conduct of the proceeding and maintaining a record of
`
`the locations of such copies.
`
`410. Persons receiving confidential information shall use the following procedures
`
`to maintain the confidentiality of the information:
`
`(A) Documents and Information Filed With the Board.
`
`(i) A party may file documents or information with the Board under
`
`seal, together with a non-confidential description of the nature of the confidential
`
`information that is under seal and the reasons why the information is confidential
`
`and should not be made available to the public. The submission shall be treated as
`
`confidential and remain under seal, unless, upon motion of a party and after a
`
`hearing on the issue, or sua sponte, the Board determines that the documents or
`
`information do not to qualify for confidential treatment.
`
`(ii) Where confidentiality is alleged as to some but not all of the
`
`information submitted to the Board, the submitting party shall file confidential and
`
`non-confidential versions of its submission, together with a Motion to Seal the
`
`confidential version setting forth the reasons why the information redacted from the
`
`non-confidential version is confidential and should not be made available to the
`
`public. The nonconfidential version of the submission shall clearly indicate the
`
`locations of information that has been redacted. The confidential version of the
`
`submission shall be filed under seal. The redacted information shall remain under
`
`seal unless, upon motion of a party and after a hearing on the issue, or sua sponte,
`
`the Board determines that some or all of the redacted information does not qualify
`
`15
`
`Sleep Number Corp.
`EXHIBIT 2025
`IPR2019-00500
`Page 15
`
`
`
`for confidential treatment. The only exception to the foregoing is for private Source
`
`Code information from third parties, which must be redacted in all cases and need
`
`not be accompanied by a Motion to Seal.
`
`(B) Documents and
`
`Information Exchanged Among
`
`the Parties.
`
`Information designated as confidential that is disclosed to another party during
`
`discovery or other proceedings before the Board shall be clearly marked as
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`‘‘PROTECTIVE ORDER MATERIAL’’ “CONFIDENTIAL,” “HIGHLY
`
`CONFIDENTIAL
`
`– OUTSIDE COUNSEL ONLY,”
`
`or
`
`“HIGHLY
`
`CONFIDENTIAL SOURCE CODE – OUTSIDE COUNSEL ONLY” and shall be
`
`produced in a manner that maintains its confidentiality.
`
`(iC) Standard Acknowledgement of Protective Order. The following form
`
`may be used to acknowledge a protective order and gain access to information
`
`covered by the protective order:
`
`
`
`16
`
`Sleep Number Corp.
`EXHIBIT 2025
`IPR2019-00500
`Page 16
`
`
`
`[CAPTION]
`
`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
`____________
`
`
`Standard Acknowledgment for Access to Protective Order Material
`
`I ________________, affirm that I have read the Protective Order; that I will
`
`abide by its terms; that I will use the confidential information only in
`
`connection with this proceeding and for no other purpose; that I will only
`
`allow access to support staff who are reasonably necessary to assist me in this
`
`proceeding; that prior to any disclosure to such support staff I informed or will
`
`inform them of the requirements of the Protective Order; that I am personally
`
`responsible for the requirements of the terms of the Protective Order and I
`
`17
`
`Sleep Number Corp.
`EXHIBIT 2025
`IPR2019-00500
`Page 17
`
`
`
`agree to submit to the jurisdiction of the Office and the United States District
`
`Court for the Eastern District of Virginia , and the United States District Court
`
`for the Central District of California for purposes of enforcing the terms of the
`
`Protective Order and providing remedies for its breach.
`
`
`
`[Signature]
`
`Signed:
`
`Dated:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`18
`
`Sleep Number Corp.
`EXHIBIT 2025
`IPR2019-00500
`Page 18
`
`
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