UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`
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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
`____________
`
`
`
`JOINT STIPULATION FOR ENTRY OF THE
`STIPULATED PROTECTIVE ORDER
`
`
`
`
`
`
`
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`
`
`____________
`
`
`
`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
`____________
`
`
`
`JOINT STIPULATION FOR ENTRY OF THE
`STIPULATED PROTECTIVE ORDER
`
`
`
`
`
`
`
`
`
`
`Case No. IPR2019-00500
`Patent No. 9,737,154
`
`
`
`Sleep Number Corporation (“Patent Owner”) and American National
`
`Manufacturing, Inc. (“Petitioner”), by and through their respective counsel of record,
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`hereby stipulate to the entry of the proposed 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
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`Corporation v. American National Manufacturing, Inc., 5:18-cv-00357AB(SPx)
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`(C.D. Cal. 2018) and Sleep Number Corporation v. Sizewise Rentals, LLC, 5:18-cv-
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`00356AB(SPx) (C.D. Cal.) (hereinafter “District Court Cases”). The proposed
`
`Stipulated Protective Order and a redline comparing the proposed Stipulated
`
`Protective Order with the Default Protective Order are attached hereto as Exhibits
`
`2024 and 2025.
`
`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.
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`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
`
`2
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`
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`Case No. IPR2019-00500
`Patent No. 9,737,154
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`
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`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
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`Protective Order. The parties hereby incorporate by reference the District Court
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`Cases’ protective order and modifications.
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`It is the intent of the parties that information will not be designated as
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`confidential for tactical reasons and that nothing be so designated without a good
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`faith belief that it has been maintained in a confidential, non-public manner, and
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`there is good cause why it should not be part of the public record of this case.
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`IT IS SO STIPULATED.
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`
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`
`
`Dated: October 14, 2019
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`
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`Respectfully submitted,
`
`
`
`/s/ Kyle L. Elliott
`By:
`Kyle L. Elliott (Reg. No. 39,485)
`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
`Telephone: (816) 474-8100
`kelliott@spencerfane.com
`ktuttle@spencerfane.com
`bbear@spencerfane.com
`
`
`3
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`Case No. IPR2019-00500
`Patent No. 9,737,154
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`
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`Dated: October 14, 2019
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`
`
`Jaspal S. Hare (Reg. No. 66,988)
`SPENCER FANE LLP
`2200 Ross Avenue
`Suite 4800 West
`Dallas, TX 75201
`Telephone: 214-750-3610
`jhare@spencerfane.com
`
`Attorneys for Petitioner
`American National Manufacturing Inc.
`
`
`
`
`
`
`/s/ Luke Toft
`By:
`Luke Toft (Reg. No. 75,311)
`Andrew 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
`Telephone: (612) 607-7000
`Facsimile: (612) 607-7100
`ltoft@foxrothschild.com
`ahansen@foxrothschild.com
`anath@foxrothschild.com
`epatton@foxrothschild.com
`
`Steven A. Moore (Reg. No. 55,462)
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`501 West Broadway, Suite 1100
`San Diego, CA 92101
`Telephone: (619) 234-5000
`Facsimile: (619) 236-1995
`steve.moore@pillsburylaw.com
`
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`4
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`Case No. IPR2019-00500
`Patent No. 9,737,154
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`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
`
`Attorneys for Patent Owner
`Sleep Number Corporation
`
`
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`5
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`Case No. IPR2019-00500
`Patent No. 9,737,154
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`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR § 42.6(e), the undersigned hereby certifies that on October
`
`14, 2019, the foregoing Joint Stipulation for Entry of the Stipulated Protective Order,
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`and its cited exhibits, was served via e-mail, as authorized by the Petitioner, at the
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`following email correspondence address of record as follows:
`
`Kyle L. Elliott
`kelliott@spencerfane.com
`Kevin S. Tuttle
`ktuttle@spencerfane.com
`Brian T. Bear
`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
`
`
`Dated: October 14, 2019
`
`
`
`
`
`/s/ Luke Toft
`Luke Toft (Reg. No. 75, 311)
`Counsel for Patent Owner
`
`
`
`
`
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`6
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