`
`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
`____________
`
`
`
`
`PARTIES’ JOINT STIPULATION TO CHANGE, IN PART,
`DUE DATES 2 AND 3 OF THE
`SCHEDULING ORDER
`
`
`
`WA 13902469.2
`
`
`
`Case No. IPR2019-00500
`Patent No. 9,737,154
`
`DUE DATE 2 includes the actions of: (1) Petitioner’s reply to Patent Owner’s
`
`response to the petition; and (2) Petitioner’s opposition to the motion to amend.
`
`(Paper 12 at 7.) DUE DATE 3 includes the actions of: (1) Patent Owner’s sur-reply
`
`to Petitioner’s reply; and (2) Patent Owner’s reply to Petitioner’s opposition to the
`
`motion to amend or Patent Owner’s revised motion to amend. (Id.)
`
`A first stipulation to change Due Dates set DUE DATE 2 as January 15, 2020,
`
`and DUE DATE 3 as February 26, 2020. (Paper 35.) The timeframe between DUE
`
`DATES 2 and 3 is six weeks.
`
`The parties have met and conferred, and:
`
`a) as to DUE DATE 2, have agreed to a one-week extension for the action of
`
`Petitioner’s reply to Patent Owner’s response to the petition. However, Petitioner’s
`
`opposition to the motion to amend shall remain due on January 15, 2020; and
`
`b) as to DUE DATE 3, have agreed to a one-week extension for the action of
`
`Patent Owner’s sur-reply to Petitioner’s reply. However, Patent Owner’s reply to
`
`Petitioner’s opposition to the motion to amend or Patent Owner’s revised motion to
`
`amend shall remain due on February 26, 2020, unless the issuance of the Board’s
`
`preliminary guidance authorizes a new briefing schedule or deadline.
`
`Accordingly, the parties stipulate to change the due dates as follows:
`
`DUE DATE 2: Petitioner’s reply to Patent Owner’s response to the petition is
`
`2
`
`
`WA 13902469.2
`
`
`
`Case No. IPR2019-00500
`Patent No. 9,737,154
`
`changed from January 15, 2020 to January 22, 2020; but, Petitioner’s opposition to
`
`the motion to amend shall remain due on January 15, 2020.
`
`DUE DATE 3: Patent Owner’s sur-reply to Petitioner’s reply is changed from
`
`February 26, 2020 to March 4, 2020; but, Patent Owner’s reply to Petitioner’s
`
`opposition to the motion to amend or Patent Owner’s revised motion to amend shall
`
`remain due, at this time, on February 26, 2020.
`
`Date: November 27, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully Submitted,
`SPENCER FANE LLP
`
`By /s/Kevin S. Tuttle .
`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 64106-2140
`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.
`
`3
`
`
`WA 13902469.2
`
`
`
`Case No. IPR2019-00500
`Patent No. 9,737,154
`
`Date: November 27, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`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
`
`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
`
`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
`
`Attorneys for Patent Owner
`Sleep Number Corporation
`
`4
`
`
`WA 13902469.2
`
`
`
`Case No. IPR2019-00500
`Patent No. 9,737,154
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that a copy
`
`of the foregoing PARTIES’ JOINT STIPULATION TO CHANGE, IN PART, DUE
`
`DATES 2 AND 3 OF THE SCHEDULING ORDER is served in its entirety on
`
`November 27, 2019, by electronic mail, as authorized by Patent Owner’s Updated
`
`Mandatory Notices, directed to the attorneys of record for Patent Owner at the
`
`following correspondence address of record:
`
`Steven A. Moore
`Steve.moore@pillsburylaw.com
`
`PILLSBURY WINTHORP SHAW PITTMAN LLP
`501 West Broadway, Suite 1100
`San Diego, CA 92101
`
`Luke Toft
`ltoft@foxrothschild.com
`
`Andew Hansen (pro hac vice)
`ahansen@foxrothschild.com
`
`Archana Nath (pro hac vice)
`anath@foxrothschild.com
`
`Elizabeth A. Patton (pro hac vice)
`epatton@foxrothschild.com
`
`FOX ROTHSCHILD LLP
`222 South Ninth Street, Suite 2000
`Minneapolis, MN 55402
`
`Kecia J. Reynolds
`kecia.reynolds@pillsburylaw.com
`
`PILLSBURY WINTHORP SHAW PITTMAN LLP
`1200 Seventeenth Street, NW
`Washington, DC 20036
`
`5
`
`
`WA 13902469.2
`
`
`
`Case No. IPR2019-00500
`Patent No. 9,737,154
`
`Date: November 27, 2019
`
`
`
`
`
`
` /s/Kevin S. Tuttle .
`Kevin S. Tuttle (Reg. No. 52,307)
`.
`Attorney for Petitioner
`American National Manufacturing, Inc.
`
`6
`
`
`WA 13902469.2
`
`
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