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 B2
`____________
`
`
`
`
`
`
`PATENT OWNER’S
`CORRECTED UNOPPOSED MOTION TO SEAL
`
`
`
`
`
`
`
`
`
`
`____________
`
`
`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 B2
`____________
`
`
`
`
`
`
`PATENT OWNER’S
`CORRECTED UNOPPOSED MOTION TO SEAL
`
`
`
`
`
`
`
`
`
`
`Case No. IPR2019-00500
`Patent No. 9,737,154 B2
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Patent Owner respectfully submits
`
`this Unopposed Motion to Seal certain confidential exhibits concurrently filed with
`
`Patent Owner’s Response (“Motion”).
`
`
`
`Good Cause Exists for Sealing The Exhibits.
`
`Patent Owner moves to seal three categories of documents containing
`
`information designated by Petitioner as confidential:
`
`1.
`
`Petitioner-produced documents, Exhibits 2050, 2051, 2053, 2054,
`
`2055, 2056, and 2057, six of which were produced and designated Highly
`
`Confidential – Outside Counsel Only by Petitioner in the underlying District
`
`Court litigation and are, therefore, governed by the provisions of the modified
`
`District Court Protective Order (“DCPO”) enforceable by the District Court,
`
`and one of which (IPR 8) was produced and designated Highly Confidential
`
`– Outside Counsel Only by Petitioner in this IPR proceeding, making all seven
`
`protected under the proposed Stipulated Protective Order in this proceeding;
`
`2.
`
`An expert declaration, Exhibit 2030, which extensively refers to one of
`
`the foregoing Petitioner-produced documents (IPR 8) that was produced and
`
`designated Highly Confidential – Outside Counsel Only in this IPR
`
`proceeding; and
`
`3.
`
`Exhibit 2026 and the Patent Owner Response, which quotes certain of
`
`the foregoing Petitioner-produced documents.
`
`2
`
`
`
`Case No. IPR2019-00500
`Patent No. 9,737,154 B2
`
`(collectively, the “Confidential Documents”). Petitioner has represented to Patent
`
`Owner that the disclosure of these Confidential Documents to the public would harm
`
`Petitioner in that it would provide competitors, including Patent Owner as to
`
`consumer products, or the public with proprietary and competitively sensitive
`
`information. Patent Owner does not currently dispute that the documents contain
`
`confidential information and that good cause exists to seal such documents, and
`
`requests that the Board grant this Motion so that the documents remain protected
`
`under both the DCPO and the Stipulated Protective Order in this proceeding.
`
`This Motion involves both documents being filed fully under seal and those
`
`being filed under seal with a redacted version being filed publicly. First, pursuant
`
`to the Stipulated Protective Order § 10(A)(i), (Ex. 2024), Patent Owner moves to
`
`seal the following Confidential Documents that Petitioner has represented contains
`
`only confidential information and thus must be entirely sealed: Exhibits 2050, 2051,
`
`2053, 2054, and 2057. Accordingly, Patent Owner is filing a fully sealed version of
`
`such documents. The parties request that the Board maintain these exhibits under
`
`seal.
`
`Second, pursuant to the Stipulated Protective Order § 10(A)(ii), (Ex. 2024),
`
`Patent Owner moves to seal the following Confidential Documents that Petitioner
`
`has represented contain both confidential information and non-confidential
`
`information, and thus must be filed with the confidential portions redacted: Exhibits
`
`3
`
`
`
`Case No. IPR2019-00500
`Patent No. 9,737,154 B2
`
`2026, 2030, 2055, and 2056 and the Patent Owner Response. Accordingly, Patent
`
`Owner is filing a redacted version of such documents publicly and a non-redacted
`
`version of such documents under seal. The parties request that the Board maintain
`
`these exhibits as under seal with redaction for the public version.
`
`The following table includes reasons Petitioner has provided to Patent Owner
`
`for the confidentiality designations for each of the Confidential Documents at issue
`
`in this Motion:
`
`Exhibit No.
`2050
`
`Description
`ANMI00178030-
`ANMI00178035
`
`2051
`
`ANMI00178036-
`ANMI00178041
`
`2053
`
`ANMI00268037
`
`Reason for Confidentiality
`Discloses confidential product features
`and product planning information as well
`as comparisons drawn by and for the
`customer. Produced in the District Court
`litigation pursuant to the DCPO with
`Highly – Confidential Outside Counsel
`Only designation.
`Discloses confidential product feature
`and product planning information as well
`as comparisons drawn by and for the
`customer. Produced in the District Court
`litigation pursuant to the DCPO with
`Highly Confidential – Outside Counsel
`Only designation.
`Discloses confidential product planning
`information. Produced in the District
`Court litigation pursuant to the DCPO
`with Highly Confidential – Outside
`Counsel Only designation.
`
`4
`
`
`
`Case No. IPR2019-00500
`Patent No. 9,737,154 B2
`
`Exhibit No.
`2054
`
`2055
`
`2056
`
`2057
`
`N/A
`
`2026
`
`2030
`
`
`
`Description
`ANMI00178191
`
`ANMI00260633
`
`Reason for Confidentiality
`Discloses confidential product planning
`and business acquisition information.
`Produced in the District Court litigation
`pursuant to the DCPO with Highly
`Confidential – Outside Counsel Only
`designation.
`Discloses confidential customer identity
`information. Produced in the District
`Court litigation pursuant to the DCPO
`with Highly Confidential – Outside
`Counsel Only designation.
`Discloses confidential customer identity
`information. Produced in the District
`Court litigation pursuant to the DCPO
`with Highly Confidential – Outside
`Counsel Only designation.
`Discloses confidential sales and other
`financial information. Produced in this
`IPR proceeding pursuant
`to
`the
`Stipulated Protective Order with Highly
`Confidential – Outside Counsel Only
`designation.
`Quotes or refers to the confidential
`information contained in the above-
`referenced exhibits.
`Expert Declaration Quotes or refers to the confidential
`information contained in the above-
`referenced exhibits.
`Expert Declaration Extensively refers to the confidential
`data contained in Exhibit 2057.
`
`ANMI00260628-
`ANMI00260629
`
`IPR 8 – “Raw Data”
`tab
`
`Patent Owner
`Response
`
`5
`
`
`
`Case No. IPR2019-00500
`Patent No. 9,737,154 B2
`
` Certification of Non-Public Status.
`
`Petitioner certified to the undersigned counsel for Patent Owner that the
`
`information sought to be sealed has not been published or otherwise been made
`
`available to the public. Patent Owner has also not published or otherwise made the
`
`information available to the public. To that end, direct contact information of
`
`individuals has also been removed.
`
` Certification of Conference Between the Parties Pursuant to 37 C.F.R. §
`42.54(a).
`
`The undersigned counsel for Patent Owner certifies that they have in good
`
`faith met and conferred with counsel for Petitioner and agreed that, due to the
`
`protections afforded by the modified DCPO and the pending Stipulated Protective
`
`Order, the Confidential Documents should be filed under seal.
`
`In the event the Board determines the Confidential Documents are not
`
`confidential and must be filed publicly, the parties have a dispute regarding which
`
`party, if either, must file a motion to expunge the exhibits at issue in order to adhere
`
`to the modified DCPO. As such, if the Board denies this Motion, the parties are
`
`prepared to meet and confer in an effort to determine whether the Confidential
`
`Documents can be filed publicly in these proceedings or whether a motion to
`
`expunge is appropriate.
`
`6
`
`
`
`Case No. IPR2019-00500
`Patent No. 9,737,154 B2
`
` Conclusion
`
`In light of the good cause identified herein, Patent Owner respectfully requests
`
`that the Board grant its unopposed Motion to Seal.
`
`Respectfully submitted,
`
`Dated: October 23, 2019
`
`
`
`
`
`
`
`
`
`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)
`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
`
`
`7
`
`
`
`Case No. IPR2019-00500
`Patent No. 9,737,154 B2
`
`
`
`
`
`
`
`
`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
`
`
`
`8
`
`
`
`Case No. IPR2019-00500
`Patent No. 9,737,154 B2
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR § 42.6(e), the undersigned hereby certifies that on October
`
`23, 2019, the foregoing Patent Owner’s Corrected Unopposed Motion to Seal was
`
`served via e-mail, as authorized by the Petitioner, at the following email
`
`correspondence address of record:
`
`Kyle L. Elliott
`kelliott@spencerfane.com
`Kevin S. Tuttle
`ktuttle@spencerfane.com
`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
`
`
`Dated: October 23, 2019
`
`
`
`
`
`/s/Luke Toft
`Luke Toft (Reg. No. 75, 311)
`Counsel for Patent Owner
`
`
`
`
`9
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
