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UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN AIR MATTRESS SYSTEMS,
`COMPONENTS THEREOF, AND
`METHODS OF USING THE SAME
`
`Investigation No. 337-TA-971
`(Remand)
`
`ORDER
`
`On December 26, 2017, the United States Court of Appeals for the Federal Circuit issued
`
`an order holding that the appeal in Sizewise Rentals LLC v. International Trade Commission,
`
`Appeal No. 2017-2334, had become moot during the pendency of the appeal and remanded the
`
`investigation to the United States International Trade Commission to determine whether to
`
`vacate the underlying final determination relating to the sole patent at issue on appeal, United
`
`States Patent No. 5,904,172 ("the '172 patent").
`
`The Federal Circuit appeal at issue stemmed from Investigation No. 337-TA-971, Certain
`
`Air Mattress Systems, Components Thereof and Methods of Using the Same. This investigation
`
`was instituted based on a complaint filed on October 16, 2015 by Complainants Select Comfort
`
`Corporation and Select Comfort SC Corporation (collectively, "Complainants") that alleged
`
`violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, by Sizewise
`
`Rentals LLC, American National Manufacturing Inc., and Dires LLC (d/b/a Personal Comfort
`
`Bed) (collectively, "Respondents"), based upon the importation into the United States, the sale
`
`for importation, and the sale within the United States after importation of certain air mattress
`
`systems, components thereof, and methods of using the same that infringe certain claims of the
`
`'172 patent and United States Patent No. 7,389,554 ("the '554 patent"). See 80 Fed. Reg. 72,738
`
`(Nov. 20, 2015).
`
`1
`
`American National Manufacturing, Inc.
`EXHIBIT 1079
`IPR2019-00514
`Page 1
`
`

`

`On November 18, 2016, the presiding Administrative Law Judge issued a final initial
`
`determination ("ID") finding no violation of section 337 with respect to either patent. The
`
`Commission determined to review the ID in part, and on review, the Commission found a
`
`violation of section 337 with regard to the '172 patent and issued a limited exclusion order
`
`prohibiting the unlicensed entry of infringing air mattress systems, components thereof, and
`
`methods of using the same. Certain Air Mattress Systems, Components Thereof and Methods of
`
`Using the Same, Inv. No. 337-TA-971, Comm'n Op. at 61-62 (May 17, 2018); 82 Fed. Reg.
`
`8623 (Jan. 27, 2017); 82 Fed. Reg. 23593-5 (May 23, 2017). The Commission found no
`
`violation with regard to the '554 patent.
`
`On July 19, 2017, Respondents filed an appeal to the Federal Circuit requesting review of
`
`the Commission's final determination regarding the '172 patent. Appeal No. 2017-2334. On
`
`October 18, 2017, the Commission filed a motion to dismiss the appeal as moot because the '172
`
`patent had expired on July 28, 2017. Respondents did not object to the dismissal but requested
`
`vacatur of the Commission's final determination. Complainants also did not object to dismissal,
`
`but did object to vacatur. On December 26, 2017, the Federal Circuit issued its Order in which
`
`the Commission's motion was "granted to the extent that the appeal is deemed moot and the case
`
`is remanded for the Commission to address whether to vacate its final determination relating to
`
`the '172 patent." Court Order at 3.
`
`On February 26, 2018, the Commission ordered the parties to submit comments on
`
`whether the Commission should vacate its final determination regarding the '172 patent.
`
`Commission Order at 3. All relevant parties timely filed opening and reply submissions.
`
`Upon consideration of this matter, including the parties' submissions filed in response to
`
`the Commission's Order, it is hereby ORDERED that:
`
`2
`
`American National Manufacturing, Inc.
`EXHIBIT 1079
`IPR2019-00514
`Page 2
`
`

`

`(1) The Commission's final determination regarding the '172
`patent in this investigation and the Commission's Limited
`Exclusion Order based thereon are vacated.
`
`(2) The Secretary to the Commission shall serve a copy of this
`Order upon each party to the investigation.
`
`The Commission's opinion is being issued concurrently herewith.
`
`By order of the Commission.
`
`Issued: January 22, 2020
`
`0o-sz)
`
`Lisa R. Barton
`Secretary to the Commission
`
`American National Manufacturing, Inc.
`EXHIBIT 1079
`IPR2019-00514
`Page 3
`
`

`

`CERTAIN AIR MATTRESS SYSTEMS, COMPONENTS
`THEREOF, AND METHODS OF USING THE SAME
`
`Inv. No. 337-TA-971
`(Remand)
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached ORDER has been served by hand upon
`the Commission Investigative Attorney, Andrew Beverina, Esq., and the following parties as
`indicated, on January 22,2020.
`
`116
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants Select Comfort Corporation and
`Select Comfort SC Corporation:
`
`Kecia J. Reynolds, Esq.
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`1200 Seventeenth Street, NW
`Washington, DC 20036
`
`I=1 Via Hand Delivery
`El Via Express Delivery
`ID Via First Class Mail
`El Other:
`
`On Behalf of Respondents Sizewise Rentals, LLC, American
`National Manufacturing, Inc., and Dires, LLC, d/b/a Personal
`Comfort Bed:
`
`Tom M. Schaumberg, Esq.
`ADDUCI, MASTRIANI &SCHAUMBERG, L.L.P.
`1133 Connecticut Ave., NW, 12th Floor
`Washington, DC 20036
`
`I=1 Via Hand Delivery
`El Via Express Delivery
`I=1 Via First Class Mail
`0 Other:
`
`American National Manufacturing, Inc.
`EXHIBIT 1079
`IPR2019-00514
`Page 4
`
`

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