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Case No. IPR2019-00500
`Patent No. 9,737,154
`
`
`
`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
`
`
`
`DECLARATION OF BRIAN T. BEAR IN SUPPPORT OF
`
`PETITIONER’S MOTION FOR ADDITIONAL DISCOVERY
`
`
`
`
`
`1
`
`
`WA 14041830.1
`
`American National Manufacturing, Inc.
`EXHIBIT 1041
`IPR2019-00500
`Page 1
`
`

`

`Case No. IPR2019-00500
`Patent No. 9,737,154
`
`I, Brian T. Bear, declare and state as follows:
`
`1.
`
`I am an attorney with the law firm of Spencer Fane LLP. I represent
`
`Petitioner, American National Manufacturing Inc., in connection with these Inter
`
`Partes Review proceedings. I make this declaration in support of Petitioner’s Motion
`
`for Additional Discovery.
`
`2.
`
`Exhibit 1042 is a true and correct copy of Sleep Number Corporation’s
`
`most recent 10-K SEC Annual Report that I downloaded off of EDGAR, the
`
`Securities and Exchange Commission’s publically accessible data base for
`
`publically traded company reports, on December 18, 2019. Links to this report are
`
`publically
`
`accessible
`
`at
`
`the
`
`following
`
`url:
`
`https://www.sec.gov/Archives/edgar/data/827187/000156459019004499/00015645
`
`90-19-004499-index.htm
`
`3.
`
`Exhibit 1043 is a true and correct copy of the web page entitled “About
`
`Us” which is found on Sleep Number Corporation’s publically available website. I
`
`last accessed this website on December 18, 2019. The web page is publically
`
`accessible at the following url: http://newsroom.sleepnumber.com/about-us
`
`4.
`
`Exhibit 1044 is a true and correct copy of a new release entitled “Sleep
`
`Number and NFL Announce Groundbreaking Partnership to Emphasize the
`
`Importance of Sleep on player performance” released on January 31, 2018. I
`
`downloaded the press release from Sleep Number Corporation’s publically available
`2
`
`
`WA 14041830.1
`
`American National Manufacturing, Inc.
`EXHIBIT 1041
`IPR2019-00500
`Page 2
`
`

`

`Case No. IPR2019-00500
`Patent No. 9,737,154
`
`website on December 18, 2019. The press release is publically accessible at the
`
`following url: https://sleepnumber.new-media-release.com/super_bowl_LII/
`
`5.
`
`Exhibit 1045 is a true and correct copy of the petition that Sleep
`
`Number Corporation filed against John Baxter and Dires, LLC on or about
`
`November 16, 2012. This document was publically obtained from PACER and is
`
`listed as Docket Entry Number 1, of Case 0:12-CV-02899-DWF-SER.
`
`FURTHER DECLARANT SAYTEH NOT
`
`Date: December 19, 2019
`
`
`
`
`
`
`
`
`
`
`By /s/Brian Bear .
`Brian Bear (pro hac vice)
`Spencer Fane LLP
`1000 Walnut Street, Suite 1400
`Kansas City, Missouri 64106-2140
`Telephone: (816) 474-8100
`
`3
`
`
`WA 14041830.1
`
`American National Manufacturing, Inc.
`EXHIBIT 1041
`IPR2019-00500
`Page 3
`
`

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