EXHIBIT B
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`Patent Owner’s Response and Notice of Supplemental
`Evidence in Response to Petitioner’s Objections to Patent
`Owner’s Evidence Dated November 6, 2019
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`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2041
`IPR2019-00514
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`Patent Owner’s Response and Notice of Supplemental
`Evidence in Response to Petitioner’s Objections to Patent
`Owner’s Evidence Dated November 6, 2019
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`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2041
`IPR2019-00514
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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,
`
`v.
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`SLEEP NUMBER CORPORATION
`f/k/a SELECT COMFORT CORPORATION,
`Patent Owner.
`____________
`
`Case No. IPR2019-00514
`Patent No. 5,904,172
`____________
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`SUPPLEMENTAL DECLARATION OF DR. JOHN ABRAHAM
`IN SUPPORT OF PATENT OWNER’S RESPONSE
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`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2041
`IPR2019-00514
`Page 2
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`I, John Abraham, declare as follows:
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`1.
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`I am over the age of 21 years and am fully competent to make this
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`Supplemental Declaration. I make the following statements based on personal
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`knowledge and, if called to testify to them, could and would do so.
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`2.
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`I have been retained on behalf of Sleep Number Corporation (“Sleep
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`Number”). My fee is not contingent on the outcome of any matter or on any of the
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`positions I have or will take in any matter. I have no financial interest in Sleep
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`Number.
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`3. My qualifications as an expert in the field of mechanical engineering
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`are set forth in the paragraphs below and in my curriculum vitae, attached hereto as
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`Appendix A.
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`4.
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`I earned a Bachelor of Science degree in Mechanical Engineering with
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`a minor in Mathematics from the University of Minnesota – Twin Cities in 1997. In
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`1999, I earned a Master of Science degree from the University of Minnesota – Twin
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`Cities. In 2002, I earned a Ph.D. degree in Mechanical Engineering in the area of
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`Thermal Sciences also from the University of Minnesota – Twin Cities, with my
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`thesis on “A comprehensive experimental, analytical, and numerical investigation of
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`the modes of heat transfer in an electrically heated oven.”
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`1
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`Sleep Number Corp.
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`5.
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`In 2002, I joined the faculty of University of St. Thomas in St. Paul,
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`Minnesota, as an Assistant Professor in the Engineering Department. In 2008, I
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`became an Associate Professor at the University of St. Thomas in the Engineering
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`Department. In 2013, I was promoted to a full professorship at the University of St.
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`Thomas in the Engineering Department, where I currently teach in the area of
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`thermodynamics, heat transfer, and fluid mechanics.
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`6.
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`I am an inventor on several issued U.S. Patents, including: U.S. Patent
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`No. 8,484,974 “Dual-phase thermal electricity generator”; U.S. Patent No.
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`7,559,485 “Variable orifice valve”; and U.S. Patent No. 8,118,225 “Vehicle Energy
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`Absorption.”
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`Background
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`7.
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`I am familiar with U.S. Patent No. 5,904,172 (“the ‘172 Patent”), U.S.
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`Patent No. 9,737,154 (“the ‘154 Patent”), and U.S. Patent No. 8,769,747 (“the ‘747
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`Patent”) (collectively, “Patents-at-Issue”). I have patented devices similar to those
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`at issue in this proceeding, have worked as a consultant and taught in relevant areas
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`for years, and have published numerous studies on air flow systems. In conducting
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`my analysis and drawing conclusions, I relied upon my extensive experience,
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`education, and training with air flow systems, blowers/fans, pressure sensors,
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`inflatable products, and pumps. Additionally, by now, I have had years of
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`experience in analyzing the products at issue in this proceeding.
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`2
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`Sleep Number Corp.
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`8.
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`I am familiar with and have had years of experience in analyzing the
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`products of Petitioner American National Manufacturing, Inc. (“ANM”), Real-
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`Party-in-Interest Sizewise Rentals, LLC (“Sizewise”), and Real-Party-in-Interest
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`Dires, LLC (“Dires”). For example, I was retained by Sleep Number and served as
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`an expert in the prior International Trade Commission (“ITC”) proceeding against
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`ANM and Sizewise and involving the ‘172 Patent: In the Matter of Certain Air
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`Mattress Systems, Components Thereof, and Methods of Using the Same, Inv. No.
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`337-TA-971 (“ITC Proceeding”). During the ITC Proceeding, I conducted
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`inspections and analyses of ANM’s/Dires’ (ANM for short herein) and Sizewise’s
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`physical products, as well as Versions 1.8 and 1.9 of ANM’s source code used in
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`ANM’s products and one version of the source code used in the Platinum 5000/6000
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`products.
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`9.
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`I submitted an expert report and testified to the ITC as to my opinion
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`that ANM’s and Sizewise’s air bed products infringed claims 2, 6, 9, 12, 16, 20, 22,
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`23, and 24 of the ‘172 Patent. It is my understanding that the ITC ultimately found
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`claims 12 and 16 of the ‘172 Patent to be both valid and infringed by ANM
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`(specifically, the Gen 3 V1 and Gen 3 V2 products identified below) and Sizewise
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`(specifically, the Platinum 5000/6000 products identified below).
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`10. Additionally, I was retained by Sleep Number to conduct inspections
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`and analyses of products in Sleep Number’s possession and inspections and analyses
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`3
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`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2041
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`of products in ANM’s and Sizewise’s possession (specifically, at ANM’s counsel’s
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`office in Dallas in December 2018 and Kansas City in February 2019) in the
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`underlying district court cases: Sleep Number Corporation v. American National
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`Manufacturing, Inc., No. 5:18-cv-00357AB(SPx) (C.D. Cal. 2018) and Sleep
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`Number Corporation v. Sizewise Rentals, LLC, No. 5:18-cv-00356AB(SPx) (C.D.
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`Cal.) (“District Court Cases”). My inspection of these products included removing
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`an outer casing of the air controllers to view and further inspect the mechanical
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`components and structures of these air controllers. If necessary, I would temporarily
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`remove a component, e.g., a printed circuit board, to more adequately inspect one or
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`more other components. I evaluated each of the mechanical structures against each
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`of the claim elements to determine whether one or more structures would read on
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`the claims, as they would be understood by a person of ordinary skill in the art and
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`in light of the specification. As part of my analysis, I often took images of the
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`products so that I could consult them later on.
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`11. As such, my inspection of ANM’s air controllers included an analysis
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`of the mechanical structure of these air controllers in comparison to the claims of the
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`Patents-at-Issue and further included a comparison of ANM’s products to Sleep
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`Number’s products. I understand that while ANM refers to its air controllers using
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`different identifiers (see Exhibit 2077), Sleep Number referred to them in its
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`Contentions (Exhibits 2070, 2072, 2074, 2075) as the Gen 3 Arco, Gen 3 Koge, and
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`4
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`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2041
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`Gen X air controllers. I use Sleep Number’s identifiers herein for ease of reference.
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`However, my analysis herein focuses on the Gen 3 Arco and Gen 3 Koge which, as
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`explained below, I believe are similar to, and copies of, Sleep Number’s air
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`controllers sold leading up to and during the same time period.
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`12. My inspection of Sizewise’s air controllers included an analysis of the
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`mechanical structure of these air controllers in comparison to the claims of the
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`Patents-at-Issue and to Sleep Number’s products, as similarly conducted for ANM’s
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`air controllers. I understand from my review of Sizewise’s interrogatory responses
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`in the District Court Cases and from my understanding in the ITC Proceeding that
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`Sizewise claims to only sell a Platinum 6000 air controller, but I also understand
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`from the ITC Proceeding that ANM imports the Platinum 5000 air controller and
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`sells it to a company called Direct Supply. I understand based upon my prior
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`inspection in the ITC Proceeding that the Platinum 5000 and Platinum 6000 are
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`substantially similar, and I understand Sleep Number accused the Platinum 5000 and
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`Platinum 6000 air controller together in its Contentions (Exhibits 2071, 2073). I use
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`Sleep Number’s identifier of Platinum 5000/6000 herein for ease of reference.
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`13.
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`It is my understanding from Exhibits 2070 and 2071 that, in the District
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`Court Cases, Sleep Number has accused various models of ANM’s and Sizewise’s
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`consumer and medical air bed products sold with the air controllers identified above
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`of infringing the Patents-at-Issue. It is my understanding that ANM petitioned the
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`5
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`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2041
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`United States Patent and Trademark Office for IPR on each of the Patents-at-Issue.
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`It is also my understanding that an IPR has been instituted on each patent.
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`14.
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`I understand that the ‘172 Patent expired in July 2017. As a result, all
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`of my statements in this Declaration relate to the time period during the life, and pre-
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`dating the expiration of, the ‘172 Patent.
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`15.
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`I have also reviewed redacted versions of the infringement contentions
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`and claim charts with respect the Patents-at-Issue that Sleep Number submitted in
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`the District Court Cases on January 25, 2019. I understand from Sleep Number’s
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`counsel that the redacted portions contain reference to source code line numbers and
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`variable and method names, but I see those references have been redacted and are
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`not being provided to the Board at this time.
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`16.
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`In my declaration, I rely on: Sleep Number’s Amended Disclosure of
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`Asserted Claims and Infringement Contentions against ANM, which is Exhibit
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`2070; Sleep Number’s Amended Disclosure of Asserted Claims and Infringement
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`Contentions against Sizewise, which is Exhibit 2071; the ‘172 Patent claim chart
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`against ANM, which is Exhibit 2072; the ‘172 Patent claim chart against Sizewise,
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`which is Exhibit 2073; the ‘154 Patent claim chart against ANM, which is Exhibit
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`2074; and the ‘747 Patent claim chart against ANM, which is Exhibit 2075
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`(collectively herein “Contentions”). I incorporate these Contentions by reference,
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`and I can attest that the images contained therein are true and accurate depictions of
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`6
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`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2041
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`the products as they physically exist because I have inspected them. I understand
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`from Sleep Number’s counsel that Sleep Number provided each of the physical
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`products photographed in the Contentions that were in Sleep Number’s or its
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`counsel’s possession (as opposed to in ANM’s/Sizewise’s possession) to ANM’s
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`counsel and experts in the District Court Cases for inspection. Importantly, I do not
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`make any opinions as to infringement in this declaration, as I understand
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`infringement is not at issue in this IPR proceeding. However, I understand based
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`upon my knowledge of IPR proceedings that issues like copying and commercial
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`success are relevant in this proceeding. My opinions relate to those issues.
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`17.
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`I have also inspected Sleep Number historical air controllers that I
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`understand from Sleep Number’s counsel that Sleep Number located and provided
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`for inspection to ANM’s counsel and experts in the District Court Cases. In other
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`words, I understand that ANM’s counsel and experts have inspected the Sleep
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`Number air controllers I discuss herein. I understand that Sleep Number has
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`disclosed in its Contentions (Exhibits 2070, 2071) which air controllers sold with its
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`consumer air mattress systems practice the claims of the Patents-at-Issue.
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`18.
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`I have also inspected approximately two dozen other air controllers for
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`adjustable air bed systems, which were sold by other competitors of Sleep Number.
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`When doing so, I utilized the same methodology as when I inspected ANM’s,
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`Sizewise’s, and Sleep Number’s air controllers.
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`7
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`Sleep Number Corp.
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`19.
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`I have also reviewed a document produced by ANM in the District
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`Court Cases with the bates number ANMI00133414–22, which I understand is
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`Exhibit 2077, and a document produced by Sleep Number in the District Court Cases
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`with a bates number SN_0021013–33, which I understand is Exhibit 2079.
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`Sleep Number’s Air Controllers
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`20.
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`I have personally inspected a number of Sleep Number air mattress
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`systems and air controllers. I have also reviewed a pump history timeline (Exhibit
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`2079) that Sleep Number produced in the District Court Cases. I understand from
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`inspecting Sleep Number’s air controllers and reviewing Sleep Number’s
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`Contentions (Exhibits 2070, 2071) that, of the air controllers identified in that
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`document, the following air controllers practiced the ‘172 Patent before it expired:
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`UFCS3 a/k/a Stealth, UFCS4 a/k/a Stealth, 5000/6000 a/k/a Pegasus, FCS a/k/a
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`Corolla (including the Performance FCS, Innovation FCS, & 2012/Current/Corolla
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`Firmness Control System), Q10, ADAT, SleepIQ, and 360. I also understand from
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`reviewing Sleep Number’s Contentions (Exhibits 2070, 2071) that, of the air
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`controllers identified in Exhibit 2079, the following air controllers practiced or
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`practice the ‘154 and ‘747 Patents: FCS a/k/a Corolla (including the Performance
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`FCS, Innovation FCS, & 2012/Current/Corolla Firmness Control System), Q10,
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`ADAT, SleepIQ, and 360.
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`8
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`Sleep Number Corp.
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`21.
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`I have provided exemplar images and drawings of certain of these air
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`controllers that I understand based on Exhibit 2079 Sleep Number has sold from
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`2004 to the present below. Note in the images that the pressure sensor port or tap is
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`located on the enclosure in each product. I can attest that the images below are true
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`and accurate depictions of the products as they physically exist because I took the
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`photographs. I also understand from Sleep Number’s counsel that ANM’s counsel
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`and experts inspected these air controllers.
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`a.
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`Sleep Number 5000 Air Controller.
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`Pressure Sensor Tap on
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`Enclosure/Manifold of Valve
`Enclosure Assembly
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`(Images of 5000 manufactured August 2, 2006 per label)
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`9
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`Sleep Number Corp.
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`Pressure Sensor Tap on
`Enclosure/Manifold of Valve
`Enclosure Assembly
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`(Drawing of 5000 from 2007 – Exhibit 2080)
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`10
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`Sleep Number Corp.
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`b.
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`Sleep Number Corolla Air Controller.
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`Pressure Sensor Tap on
`Enclosure/Manifold of Valve
`Enclosure Assembly
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`(Images of Corolla manufactured July 28, 2008 per label)
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`11
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`Sleep Number Corp.
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`(Drawings of Corolla from 2008 – Exhibit 2081)
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`12
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`Sleep Number Corp.
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`c.
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`Sleep Number Corolla Air Controller.
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`Pressure Sensor Tap on
`Enclosure/Manifold of Valve
`Enclosure Assembly, which is
`connected to the tubing shown
`through a hole punched in the printed
`circuit board
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`(Images of Corolla manufactured December 31, 2012 per label)
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`13
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`Sleep Number Corp.
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`Pressure Sensor Tap on
`Enclosure/Manifold of Valve
`Enclosure Assembly
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`(Drawing of Corolla from 2013 – Exhibit 2082)
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`14
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`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2041
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`d.
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`Sleep Number ADAT Controller.
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`Pressure Sensor Tap on
`Enclosure/Manifold of
`Valve Enclosure
`Assembly, which is
`connected to the tubing
`shown through a hole
`punched in the printed
`circuit board
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`(Images of ADAT manufactured September 18, 2013 per label)
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`(Drawing of ADAT used in ITC Proceeding – see also Exhibit 2083)
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`15
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`Sleep Number Corp.
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`22. Based upon my physical review of the air controllers identified above,
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`my review of the drawings included above, and the Declaration of Paul Mahoney
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`(Exhibit 2056), I understand that the internal aspects of the enclosure/manifold of
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`the valve enclosure assembly included in these air controllers was substantially the
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`same, i.e., that it did not change over time in its internal mechanical structure,
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`throughout this time period. I also understand from reviewing the Declaration of
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`George Edwards (Exhibit 2054) that Sleep Number’s air controllers use a “target
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`pressure” or “Target system” source code/software.
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`23. For exemplar purposes, I have referenced a claim chart of the ‘172
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`Patent against Sleep Number’s ADAT air controller, which is Exhibit 2042. I can
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`attest that the images reflected in this chart are true and accurate copies of the product
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`as it physically exists because I took the photographs. I also understand from Sleep
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`Number’s counsel that ANM’s counsel and experts inspected this air controller.
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`24. Based upon my analysis, and as described below, I believe that ANM
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`sold air controllers in the time frame 2012 onward that were substantially similar to
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`Sleep Number’s Pegasus air controller, which I understand from Exhibit 2079 was
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`sold from 2004 to 2008, and to Sleep Number’s Corolla air controller, which I
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`understand from Exhibit 2079 was sold from 2008 onward.
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`16
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`Sleep Number Corp.
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`ANM’s Air Controllers
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`25. As mentioned above, I have reviewed Exhibit 2077, which I understand
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`based upon my review shows the approximate time frames that ANM sold certain
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`air controllers with its products. Looking at Exhibit 2077, I can see the following:
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`• that ANM sold the Gen 1 Blower air controller from January 1998 to
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`December 2003;
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`• that ANM sold the Gen 1 Pump air controller from April 2001 to December
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`2003;
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`• that ANM sold the Gen 2 V1 air controller from December 2003 to
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`approximately the end of 2004;
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`• that ANM sold the Gen 2 V2 air controller (which Sleep Number refers to as
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`the Gen X) from the start of 2004 through the end of 2006;
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`• that ANM sold the Gen 2 V3 air controller (which Sleep Number refers to as
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`the Gen X) from the start of 2006 through the end of 2012;
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`• that ANM sold the Gen 2 V4 air controller (which Sleep Number refers to as
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`the Gen 3 Arco) from August 2012 through approximately December 2014;
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`• that ANM sold the Gen 3 V1 air controller (which Sleep Number also refers
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`to as the Gen 3 Arco) from June 25, 2014 to August 2016; and
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`• that ANM sold the Gen 3 V2 air controller (which Sleep Number refers to as
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`the Gen 3 Koge) from August 2016 onward.
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`17
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`Sleep Number Corp.
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`(See Ex. 2052.) My additional opinions, based upon my review of Exhibit 2077, are
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`reflected below in paragraphs 26–27.
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`26. ANM’s pumps changed considerably over time. First, according to
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`Exhibit 2077, ANM’s Gen 1 Blower air controller and Gen 1 pump air controller did
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`not include software or pressure transducers. (See Exhibit 2077 at ANMI00133415–
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`16 (air controllers had “on demand controller that had no memory settings or
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`pressure sensors”).)
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`27. Next, according to Exhibit 2077, ANM introduced basic software and
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`the ability to sense the pressure. ANM’s Gen 2 V1 air controller, Gen 2 V2 air
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`controller, and Gen 2 V3 air controllers were all “direct drive controllers” meaning
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`the user would have to press and hold the inflate button to inflate the air bladder and
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`press and hold the deflate button to deflate the bladder. (See id. at ANMI00133416–
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`19.) That is, the pressure would change “the entire time the [] button was held down”
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`but would not otherwise make pressure adjustments. (Id.) These air controllers did
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`not include or use a “target pressure.” (Compare id. at ANMI00133416–19 with id.
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`at ANMI00133420–22.) Thus, the air controllers did not work with a remote control
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`whereby the user could select a desire pressure setting that corresponds to a target
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`pressure and have the air controller achieve that target pressure. (Compare id. at
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`ANMI00133416–19 with id. at ANMI00133420–22.) In addition, these air
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`controllers did not sense pressure from a port on the enclosure/manifold of the valve
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`18
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`Sleep Number Corp.
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`enclosure assembly. Rather, the Gen 2 V1 air controller used a Y-branch piece of
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`tubing positioned between the manifold and the front of the air controller (id. at
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`ANMI00133417) and the Gen 2 V2 and V3 air controllers sensed pressure from a
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`port on a molded insert positioned between the manifold and the chambers (id. at
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`ANMI00133418–19). Then, starting in 2012, ANM began to use a “target
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`pressure”/“Target system” software and to sense pressure from a port on the
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`enclosure/manifold of the valve enclosure assembly. (Id. at ANMI00133420–22.)
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`Specifically, the Gen 2 V4 air controller, Gen 3 V1 air controller, and Gen 3 V2 air
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`controller all use or used some version of a “target pressure”/“Target system”
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`software. (Id.) Using such software, the air controllers worked with a remote control
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`whereby the user could select a desired pressure setting that corresponds to a target
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`pressure and have the air controller achieve that target pressure without any
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`additional input from the user. (Id.) With the Gen 2 V4 air controller, ANM also
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`“had new pressure sensor taps added to the front of the manifold.” (See id. at
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`ANMI00133420.) As seen below, ANM included the pressure sensor taps on the
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`enclosure/manifold in both the Gen 3 V1 and Gen 3 V2 air controllers as well. (See
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`id. at ANMI00133421–22.) Additionally, the Gen 3 V1 air controller utilized the
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`same Arco/Rimco manifold as the Gen 2 V4 air controller (but, as discussed below,
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`the Gen 3 V1 air controller incorporated Sleep Number’s source code technology
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`and thus implemented a new improved “target pressure”/“Target system”) and that
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`19
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`Sleep Number Corp.
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`the Gen 3 V2 air controller utilized a new Koge manifold. (See id. at
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`ANMI00133421–22.) I have included images of the outside and inside of these air
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`controllers and their remote controls from Exhibit 2077 at ANMI00133420–22
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`below, showing that they are substantially the same.
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`
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`Pressure Sensor Tap on
`Enclosure/Manifold of Valve
`Enclosure Assembly
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`(Gen 2 V4 / Arco – see Exhibit 2077 at ANMI00133420)
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`20
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`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2041
`IPR2019-00514
`Page 22
`
`
`
`
`
`Pressure Sensor Tap on
`Enclosure/Manifold of Valve
`Enclosure Assembly
`
`(Gen 3 V1 / Arco – see Exhibit 2077 at ANMI00133421)
`
`Pressure Sensor Tap on
`Enclosure/Manifold of Valve
`Enclosure Assembly
`
`
`
`
`
`(Gen 3 V2 / Koge – see Exhibit 2077 at ANMI00133422)
`
`‘154 and ‘747 Patents Against ANM’s Products
`
`28.
`
`I have reviewed the Declaration of George Edwards that I understand
`
`is being submitted by Sleep Number contemporaneously with this declaration as
`
`21
`
`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2041
`IPR2019-00514
`Page 23
`
`
`
`
`
`Exhibit 2054. I understand based on my review of that declaration that Dr. Edwards
`
`opines that certain versions of ANM’s source code reads on the non-mechanical
`
`method-related and system-related elements of the ‘154 and ‘747 Patents. I rely
`
`upon that opinion, and do not provide my own opinion on source code in this
`
`declaration.
`
`29.
`
`It is my opinion based upon the methodology described above, my
`
`experience, and the inspections I have conducted of ANM’s products (which I
`
`understand ANM’s counsel and experts also inspected) that ANM’s products sold
`
`with Gen 3 Arco and Gen 3 Koge air controllers read on the claimed mechanical-
`
`related elements of (i.e. structural components of) the ‘154 and ‘747 Patents. For
`
`example, it is my opinion based upon the methodology described above, my
`
`experience, and the inspections I have conducted that ANM’s products sold with the
`
`Gen 3 Arco and Gen 3 Koge air controllers include an air bed with an adjustable air
`
`chamber connected via a tube to an enclosure/manifold of the valve enclosure
`
`assembly, which includes at least one valve and which is also connected to a pump.
`
`The products also include a pressure transducer connected to a port on the
`
`enclosure/manifold of the valve enclosure assembly, which allows for the sensing of
`
`pressure during pressure adjustments and for the determining of an actual pressure
`
`within the air chamber. These products also include at least one input device, e.g.,
`
`a remote, and a control device having at least one printed circuit board with a
`
`22
`
`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2041
`IPR2019-00514
`Page 24
`
`
`
`
`
`processor on it, which allows for the control logic necessary to implement the
`
`required methods or functions identified in the claims.
`
`30.
`
`It is also my opinion based upon the methodology described above, my
`
`experience, and the inspections I have conducted that the Contentions accurately
`
`explain how ANM’s products read on the ‘154 and ‘747 Patents from a mechanical
`
`perspective. More specifically, I believe that the Contentions show the structures
`
`and mechanical operation required to meet each claim limitation, which the
`
`Contentions set forth in detail using photographs that I can attest are true and
`
`accurate depictions of the physical products as I have inspected.
`
`31. Therefore, based upon
`
`the methodology described above, my
`
`experience, my review of the ‘154 and ‘747 Patents’ claims, the Declaration of
`
`George Edwards (and discussions with Dr. Edwards), and ANM’s products, it is my
`
`opinion that ANM’s products sold with Gen 3 Arco and Gen 3 Koge air controllers
`
`each practice every element of the claims of the ‘154 and ‘747 Patent that are
`
`disclosed in Sleep Number’s Contentions.
`
`32.
`
`It is also my opinion based upon the methodology described above, my
`
`experience, and inspecting Sleep Number’s air mattress systems and air controllers
`
`that ANM’s air mattress systems and air controllers are similar to, and copy, Sleep
`
`Number’s. A more thorough comparison of the mechanical similarities is included
`
`below with respect to the ‘172 Patent.
`
`23
`
`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2041
`IPR2019-00514
`Page 25
`
`
`
`
`
`‘172 Patent Against ANM
`
`33.
`
`I have reviewed the Declaration of George Edwards that I understand
`
`is being submitted by Sleep Number contemporaneously with this declaration as
`
`Exhibit 2054. I understand based on my review of that declaration that Dr. Edwards
`
`opines that ANM’s source code provides further evidence of similarity to, and
`
`copying of, Sleep Number’s products that practice the ‘172 Patent. I rely upon that
`
`opinion, and do not provide my own opinion on source code in this declaration.
`
`34.
`
`It is my opinion based upon the methodology described above, my
`
`experience, and the inspections that I have conducted of ANM’s products (which I
`
`understand ANM’s counsel and experts also inspected) that ANM’s products sold
`
`with Gen 3 Arco and Gen 3 Koge air controllers read on the mechanical or
`
`structurally related claimed elements of the ‘172 Patent. For ANM, this includes the
`
`products it sells to retailers Dires with Personal Comfort Bed branding, which is
`
`mentioned in the Contentions and which I opined on in the ITC Proceeding. I
`
`understand based upon knowledge learned in the ITC Proceeding that ANM
`
`manufactures its air controllers branded as Personal Comfort Bed air controllers and
`
`that they are functionally the same as ANM’s Instant Comfort air controllers. I have
`
`also reviewed the testimony of ANM’s President confirming that. (See Exhibit 2059
`
`at 1629:12–25.)
`
`24
`
`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2041
`IPR2019-00514
`Page 26
`
`
`
`
`
`35.
`
`It is also my opinion based upon the methodology described above, my
`
`experience, and the inspections I have conducted that the Contentions (Exhibit 2072)
`
`accurately explain how ANM’s products read on the ‘172 Patent from a mechanical
`
`perspective. More specifically, I believe that the Contentions show the structures
`
`and mechanical operation required to meet each claim limitation, which the
`
`Contentions set forth in detail using photographs that I can attest are true and
`
`accurate depictions of the physical products as I have inspected. I have included an
`
`annotated image of these products from the Contentions below, followed by an
`
`annotated image of Sleep Number’s ADAT air controller. I can attest that the images
`
`below are true and accurate depictions of the products as they physically exist
`
`because I have inspected the products and taken photographs of them. I also
`
`understand from Sleep Number’s counsel that ANM’s counsel and experts inspected
`
`these air controllers.
`
`25
`
`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2041
`IPR2019-00514
`Page 27
`
`
`
`
`
`(Gen3 V1 / Arco – see Exhibit 2072)
`
`
`
`(Gen 3 V2 / Koge – see Exhibit 2072)
`
`
`
`26
`
`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2041
`IPR2019-00514
`Page 28
`
`
`
`
`
`(ADAT – see Exhibit 2042)
`
`
`
`36. Therefore, based upon
`
`the methodology described above, my
`
`experience, my review of the ‘172 Patent’s claims, the Declaration of George
`
`Edwards (and discussions with Dr. Edwards), and ANM’s products, it is my opinion
`
`that ANM’s products sold with Gen 3 Arco and Gen 3 Koge air controllers each
`
`practice every element of the claims of the ‘172 Patent that are disclosed in Sleep
`
`Number’s Contentions. This opinion is further supported by the ITC’s findings that
`
`these products infringed at least claims 12 and 16 of the ‘172 Patent.
`
`37.
`
`It is also my opinion based upon the methodology described above, my
`
`experience, the documents I have described above, and inspecting Sleep Number’s
`
`27
`
`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2041
`IPR2019-00514
`Page 29
`
`
`
`
`
`air mattress systems and air controllers that ANM’s air mattress systems and air
`
`controllers are similar to, and thus copy, Sleep Number’s. More specifically, both
`
`party’s air mattress systems sold since 2012 include an adjustable air mattress, hoses
`
`connecting the air bladders to an air controller, and an air controller consisting of a
`
`generally rectangular housing, with key internal components: a valve enclosure
`
`assembly having an enclosure/manifold that includes a substantially fluidly sealed
`
`air chamber at least partially created using a flexible seal compressively interposed
`
`between an enclosure portion and a rear cover portion of the enclosure; a port fluidly
`
`coupled to (and on) the enclosure/manifold of the valve enclosure assembly that is
`
`connected to a pressure sensor by a tube; two or more solenoids that are configured
`
`to actuate two or more valves, which are located at least partially within the
`
`enclosure/manifold and are in fluid communication with the air chamber and an air
`
`bladder of the adjustable air mattress; a processor operably connected to a printed
`
`circuit board; and pump for air movement that connects to the air chamber through
`
`an air inlet. (See supra paragraphs and images above, ‘172 Patent, and Exhibits
`
`2072, 2042.)
`
`ANM’s Change in Air Controllers
`
`38. As mentioned above, based upon reviewing Exhibit 2077 at
`
`ANMI00133414, I have learned the dates for when ANM sold its Gen 2 V4 air
`
`28
`
`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2041
`IPR2019-00514
`Page 30
`
`
`
`
`
`controller (August 2012 to December 2014), its Gen 3 V1 air controller (June 25,
`
`2014 to August 2016), and its Gen 3 V2 air controller (August 2016 onward).
`
`39. Based upon my review of Exhibit 2077, I believe each of these air
`
`controllers includes a valve enclosure assembly with an enclosure/manifold and
`
`pressure monitor means, including a port on the enclosure/manifold of the valve
`
`enclosure assembly. Based upon the methodology described above, my experience,
`
`and the inspections I have conducted, I believe this is similar to Sleep Number’s air
`
`controllers that were sold leading up to and during the same time period. In addition,
`
`based upon the information in Exhibit 2077, I understand each of these air controllers
`
`included some version of a “target pressure”/“Target system” source code. I
`
`understand from speaking to Dr. Edwards and reviewing his declaration (Exhibit
`
`2054) that at least Versions 1.8, 1.97, and 2.0 of ANM’s “target pressure”/“Target
`
`system” source code are similar to the source code in Sleep Number’s air controllers
`
`leadi
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