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`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.
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`____________
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`Case No. IPR2019-00500
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`Patent No. 9,737,154
`____________
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`JOINT MOTION TO PRESERVE THE RECORD PENDING APPEAL
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`Case No. IPR2019-00500
`Patent No. 9,737,154
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`Patent Owner and Petitioner (collectively “the Parties”) jointly move that the
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`entire docket in IPR2019-00500 be preserved pending an anticipated appeal,
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`including preservation of all sealed documents in non-public form. The Parties filed
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`a Joint Stipulation for Entry of a Stipulated Protective Order in this proceeding, and
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`the Board issued a Final Written Decision (“FWD”) conditionally granting the
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`Parties’ Motions to Seal as to the exhibits referred to therein. The Board also
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`approved the Protective Order with required modifications, and thereafter, the
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`Parties submitted a Revised Joint Stipulated Protective Order addressing the required
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`modifications.
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`On September 8, 2020, the Board issued an order with respect to this
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`proceeding directing the parties to “file a motion to expunge or a motion to preserve
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`the record pending appeal after we enter our decisions on Petitioner’s Request for
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`Rehearing.” Paper 110 at 3. The Board issued a decision on Petitioner’s Requests
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`for Rehearing on September 24, 2020. Paper 111.
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`The Parties have met and conferred regarding the Board’s September 8, 2020
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`order, and the Parties believe that an appeal is anticipated. Although the Parties have
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`not identified all the specific issues that may be part of such an appeal and/or cross
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`appeal, given the FWD’s reliance, in part, on confidential exhibits, the Parties
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`believe it would be in the public interest to preserve the entirety of the record as it
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`currently exists in anticipation of and pending the outcome of any appeal that is
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`2
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`WA 15709976.2
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`
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`Case No. IPR2019-00500
`Patent No. 9,737,154
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`taken. Other Board panels have adopted the same approach and granted similar
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`requests. See e.g. Tetra Tech Canada v. Georgetown Rail Equipment Company,
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`IPR2019-00662, Paper 41 at 53-4 (P.T.A.B. August 25, 2020); Illumina, Inc. v.
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`Columbia Univ., IPR2012-00006, Paper 133 at 3-4 (P.T.A.B. April 25, 2014);
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`Intelligent Bio-Systems, Inc. v. Illumina Cambridge Ltd., IPR2013-00128, Paper 93
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`at 2-3 (P.T.A.B. Sep. 10, 2014); LKQ Corp. v. Clearlamp, LLC, IPR2013-00020,
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`Paper 77 at 2 (P.T.AB. Dec. 19, 2014).
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`As such, the Parties jointly move the Board to enter an order preserving the
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`record in its current form pending the filing of an appeal, and during the pendency
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`of any appeal, with exhibits that have been marked confidential or have otherwise
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`been sealed being maintained in their current status. The Parties further believe it
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`would be appropriate for the Board to order that any motion to expunge the record
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`in this proceeding should be filed within 14 days after the time period for filing a
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`notice of appeal is exhausted (if no appeal is filed), or 14 days after the Federal
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`Circuit issues its final mandate (if an appeal is filed).
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`3
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`WA 15709976.2
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`
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`Case No. IPR2019-00500
`Patent No. 9,737,154
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`Date: October 30, 2020
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`Respectfully Submitted,
`SPENCER FANE LLP
`By /s/Kevin S. Tuttle .
`Kevin S. Tuttle, Reg. No. 52,307
`Kyle L. Elliott, Reg. No. 39,485
`Brian T. Bear (pro hac vice)
`Mark A. Thornhill (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
`Attorneys for Petitioner
`American National Manufacturing, Inc.
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`4
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`WA 15709976.2
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`
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`Case No. IPR2019-00500
`Patent No. 9,737,154
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`Date: October 30, 2020
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`By /s/Luke Toft
`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
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`Steven A. Moore, Reg. No. 55,462
`ZHONG LUN
`4322 Wilshire Boulevard, Suite 200
`Los Angeles, CA 90010
`Telephone: (323)930-5690
`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@pillsbury.com
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`Attorneys for Patent Owner
`Sleep Number Corporation
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`5
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`WA 15709976.2
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`
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`Case No. IPR2019-00500
`Patent No. 9,737,154
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that a copy
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`of the foregoing JOINT MOTION TO PRESERVE THE RECORD PENDING
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`APPEAL was served in its entirety on October 30, 2020, by electronic mail, as
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`authorized by Patent Owner’s Updated Mandatory Notices, directed to the attorneys
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`of record for Patent Owner at the following correspondence address of record:
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`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
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`
`
`
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`Andrew Hansen (pro hac vice)
`ahansen@foxrothschild.com
`
`Archana Nath (pro hac vice)
`anath@foxrothschild.com
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`Elizabeth A. Patton (pro hac vice)
`epatton@foxrothschild.com
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`FOX ROTHSCHILD LLP
`222 South Ninth Street, Suite 2000
`Minneapolis, MN 55402
`
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`Date: October 30, 2020
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`
`
`
`
`
` /s/Kevin S. Tuttle .
`Kevin S. Tuttle, Reg. No. 52,307
`.
`Attorney for Petitioner
`American National Manufacturing, Inc.
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`6
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`WA 15709976.2
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