EXHIBIT C
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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 2054
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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.
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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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`Case No. IPR2019-00514
`Patent No. 5,904,172
`____________
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`SUPPLEMENTAL DECLARATION OF GEORGE EDWARDS
`IN SUPPORT OF PATENT OWNER’S RESPONSE
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`TABLE OF CONTENTS
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`I, George Edwards, 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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`1
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`5.
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`I attended graduate school at the University of Southern California,
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`where I was a USC Viterbi School of Engineering Dean's Doctoral Fellow and
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`Annenberg Graduate Fellow. I received an MS in computer science in 2006 and a
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`PhD in computer science in 2010 from USC. My MS research focused on
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`distributed, real-time, and embedded systems. My PhD research focused on the
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`analysis of distributed systems and their architecture, with an emphasis on mobile
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`applications and embedded systems. My research was funded by several government
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`agencies, such as the Department of Defense and the NSA, and large companies,
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`such as Bosch and InfoSys. I presented my work at numerous conferences and in
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`academic journals, industry magazines, and other publications. In 2008, I received
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`the USC Computer Science Department’s award for outstanding graduate student
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`research.
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`6.
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`I am the founder of Quandary Peak Research, Inc., where I hold the
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`titles of President and Computer Scientist. Quandary Peak Research is a software
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`analysis company with twelve employees located in Los Angeles, Nashville, and
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`Washington, D.C. Quandary Peak Research’s software analysis services fall into
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`three areas: (1) audits and compliance in highly regulated industries; (2) technical
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`due diligence in mergers and acquisitions; and (3) litigation and intellectual property.
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`In all three areas, Quandary Peak analyzes software and computer systems to answer
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`questions about the development, structure, behavior, and quality of those systems.
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`2
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`7.
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`In my role as President, I manage the company’s business affairs. In
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`my role as Computer Scientist, I perform software analysis on behalf of clients. I
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`have analyzed a broad variety of complex, real-world software systems, including
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`many embedded software systems, mobile devices, and web and Internet
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`applications. I have reverse-engineered the hardware and software designs of dozens
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`of distributed systems. I have conducted many investigations of the design and
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`implementation of these systems with respect to specific patent claims and other
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`intellectual property considerations, such as copyright infringement and trade secret
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`theft.
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`8.
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`I was formerly employed as a Lecturer of Computer Science at the
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`University of Southern California. In that capacity, I taught Requirements
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`Engineering (CSCI 568), a graduate-level software engineering class, and Data
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`Structures and Algorithms (CSCI 102), an undergraduate-level software design and
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`programming class.
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`9.
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`I also formerly worked as a research scientist and software engineer at
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`Blue Cell Software LLC, Intelligent Systems Technology, Inc., IBM, and The
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`Boeing Company. During my time with Blue Cell, I built a simulation-based
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`software design and modeling environment. While at IBM, I conducted research on
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`next-generation mobile architectures, such as large-scale mobile device provisioning
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`3
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`systems. At Boeing, I helped to design software for collecting and processing sensor
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`data and geo-location data from military vehicles.
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`10.
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`I have authored over thirty scholarly journal articles, magazine articles,
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`conference papers, and book chapters on varied topics related to software
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`engineering and distributed systems. I have co-authored many peer-reviewed papers
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`specifically related to embedded systems and software control systems, such as
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`“Integrating Publisher/Subscriber Services
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`in Component Middleware
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`for
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`Distributed Real-time and Embedded Systems,”1 “Engineering Heterogeneous
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`Robotics Systems: A Software Architecture-Based Approach,”2 and “A Middleware
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`1 George Edwards, Douglas C. Schmidt, Aniruddha Gokhale, and Bala Natarajan.
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`“Integrating Publisher/Subscriber Services
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`in Component Middleware
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`for
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`Distributed Real-time and Embedded Systems.” Proceedings of the 42nd Annual
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`ACM Southeast Conference (ACMSE), April 2004.
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`2 Nenad Medvidovic, Hossein Tajalli, Joshua Garcia, Yuriy Brun, Ivo Krka, and
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`George Edwards. “Engineering Heterogeneous Robotics Systems: A Software
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`Architecture-Based Approach.” IEEE Computer, 2011.
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`4
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`Platform for Providing Mobile and Embedded Computing Instruction to Software
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`Engineering Students,”3 among others.
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`11.
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`I have delivered numerous invited lectures, seminars, and technology
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`demonstrations related to software design and analysis for university courses,
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`research symposia, conferences, workshops, and industry events in the field of
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`computer science. I have also served as a reviewer, committee member, or panelist
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`for over a dozen computer science journals, magazines, and conferences.
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`12.
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`I am also a member of the Association for Computer Machinery (ACM)
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`and the IEEE Computer Society.
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`5
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`and methods that are implemented and executed to a large degree in software that
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`runs on a microprocessor. For example, the ‘154 and ‘747 Patents teach that the
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`invention includes a “control device” and “control logic”:
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`“The control device includes control logic that is capable of calculating
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`a manifold pressure target based upon the desired pressure setpoint
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`and a pressure adjustment factor, monitoring pressure within the pump
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`manifold, adjusting pressure within the air chamber until the sensed
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`manifold pressure is within an acceptable pressure target error range
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`of the manifold pressure target, comparing an actual chamber pressure
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`to the desired pressure setpoint to quantify an adjustment factor error,
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`and calculating an updated pressure adjustment factor based upon the
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`adjustment factor error.”4
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`14. Based upon my training and experience as a computer scientist, I know
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`that this disclosed “control logic” would naturally be implemented in software. The
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`control logic is explicitly recited in the system claims of the ‘154 and ‘747 Patents.
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`(See ‘154 Patent, claim 20, reciting “a control device operably connected to the input
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`device and to the pressure sensing means, the control device having control logic…”
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`See also ‘747 Patent, claim 16, reciting, “a control device operably connected to the
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`4 154 Patent at 2:50-60; 747 Patent at 2:40-50.
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`input device and to the pressure sensing means, the control device having control
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`logic…”) Also, the disclosed capabilities of the control logic include the steps
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`recited in the method claims of the ‘154 and ‘747 Patents. (See, e.g., ‘154 Patent,
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`claim 1, reciting, inter alia, “calculating a pressure target for the pump housing,
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`wherein the pressure target for the pump housing is calculated based upon the desired
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`pressure setpoint for the air chamber and a pressure adjustment factor;” “adjusting
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`pressure within the air chamber until a pressure sensed within the pump housing is
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`substantially equal to the pressure target;” “comparing the actual chamber pressure
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`to the desired pressure setpoint to determine an adjustment factor error;” and
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`“modifying the pressure adjustment factor based upon the adjustment factor error.”
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`See also ‘747 Patent, claim 1, reciting, inter alia, “calculating a pressure target based
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`upon the desired pressure setpoint and a pressure adjustment factor…”; “adjusting
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`pressure within the air chamber until a sensed pressure within the pump housing is
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`substantially equal to the calculated pressure target;” “comparing the actual chamber
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`pressure to the desired pressure setpoint to determine an adjustment factor error;”
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`and “modifying the pressure adjustment factor based upon the adjustment factor
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`error.”)
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`15. The ‘172 Patent also claims systems that include software and methods
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`that are performed partly in software. For example, the ‘172 Patent teaches that the
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`invention includes “a processor for providing commands to the improved valve
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`enclosure assembly during an inflate/deflate cycle.”5 This processor would
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`necessarily need to execute a software program to provide commands during an
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`inflate/deflate cycle.
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`16. Therefore, I am qualified to provide expert opinions regarding the
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`aspects of the Patents-at-Issue that relate to software.
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`17.
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`I am also familiar with certain versions of source code produced by
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`Petitioner American National Manufacturing, Inc. (“ANM”) and Real-Party-in-
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`Interest Sizewise Rentals, LLC (“Sizewise”). I was retained by Sleep Number to
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`conduct source code inspections in the underlying district court cases: Sleep Number
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`Corporation v. American National Manufacturing,
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`Inc., No. 5:18-cv-
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`00357AB(SPx) (C.D. Cal. 2018) and Sleep Number Corporation v. Sizewise Rentals,
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`LLC, No. 5:18-cv-00356AB(SPx) (C.D. Cal.) (“District Court Cases”). I was also
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`previously retained by Select Comfort Corporation to conduct source code
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`inspections in connection with Certain Air Mattress Systems, Components Thereof,
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`and Methods of Using the Same, US ITC Inv. No. 337-TA-971.
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`18. During my inspection of ANM’s source code in the District Court
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`Cases, I analyzed what I identified as Version 1.8, Version 1.9, Version 1.92,
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`Version 1.97, and Version 2.0 of ANM’s source code. I also helped print certain
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`5 172 Patent at 2:59-61.
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`pages of the source code for Sleep Number’s counsel. My inspection included an
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`analysis of the source code in comparison to the claims of the Patents-at-Issue. My
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`methodology for this inspection is discussed below in paragraphs 25-28. While I
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`inspected and analyzed other versions of source code from ANM and Sizewise and
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`compared them to the claims of the Patents-at-Issue, I do not discuss that analysis
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`herein.
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`19.
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`It is my understanding from the Contentions defined below that, in the
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`District Court Cases, Sleep Number has accused various of ANM’s consumer and
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`medical air bed products that use the source code identified above of infringing the
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`Patents-at-Issue. It is my understanding that ANM petitioned the United States
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`Patent and Trademark Office for IPR on each of the Patents-at-Issue. It is also my
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`understanding that an IPR has been instituted on each patent.
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`20.
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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; the ‘172 Patent claim chart against ANM, which is Exhibit 2072; the ‘154
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`Patent claim chart against ANM, which is Exhibit 2074; and the ‘747 Patent claim
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`chart against ANM, which is Exhibit 2075 (collectively herein “Contentions”). The
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`Contentions contain reference to source code line numbers and variable and method
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`names that I helped compile, but I understand those references have been redacted
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`and are not being provided to the Board at this time. I also understand from Sleep
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`Number’s counsel that neither ANM’s source code nor Sleep Number’s code has yet
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`been provided to the Board, even though experts and counsel for ANM and Sleep
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`Number have inspected each other’s code in the District Court Cases. Consequently,
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`I have been instructed that I am permitted to use the information I learned through
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`my inspection of the ANM and Sleep Number code in forming the opinions given in
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`this declaration, but I am not permitted to identify or describe specific portions of
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`code in detail at this time. Nevertheless, all the code I rely on for this declaration
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`was either provided by ANM (ANM’s code) or provided to ANM (Sleep Number’s
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`code) for inspection in the District Court Cases, and I am available to be cross-
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`examined by ANM’s counsel related to each party’s code. I understand from Sleep
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`Number’s counsel that if Sleep Number is allowed to use ANM’s source code,
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`additional briefing on the subject will be discussed with the Board and that Sleep
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`Number may then provide the source code to the Board. I believe that the Board
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`would be better able to evaluate my opinions on ANM’s and Sleep Number’s source
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`code if both parties’ source code and Sleep Number’s unredacted Contentions were
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`provided under seal to the Board. In the context of this declaration, I do not think it
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`would be helpful to the Board to see Sleep Number’s source code in isolation (i.e.
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`without ANM’s source code) because my opinions are related to similarities between
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`Sleep Number’s code and ANM’s code.
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`21.
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`I incorporate the Contentions defined above by reference. I do not
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`provide any opinions on 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. I further understand that a connection
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`between any copying or commercial success and the claimed subject matter is
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`relevant. My opinions enumerated below regarding the extent to which ANM’s and
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`Sleep Number’s source code practices the claims of the Patents-at-Issue relate to
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`those issues, not infringement.
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`22. As mentioned above, I also reviewed source code related to Sleep
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`Number’s products. The Sleep Number source code was organized in folders named
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`“Logic PD\Base_5k_Realtime,” “Sleep Number,” “Sleep Number & SleepIQ,” and
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`“Winland board documentation.” My methodology for this inspection is discussed
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`below in paragraphs 25-28. I understand from Sleep Number’s counsel that Sleep
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`Number located and provided those same folders of source code for inspection to
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`ANM’s counsel and experts in the District Court Cases. In other words, the Sleep
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`Number source code that I opine about in this declaration was inspected by ANM’s
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`counsel and experts. I also understand that during this inspection, ANM’s counsel
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`and experts printed portions of Sleep Number’s source code, which was then
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`produced to ANM by Sleep Number. I was provided with a copy of the Sleep
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`Number code printed by ANM’s counsel and experts. Thus, I understand that both
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`parties have inspected the other’s source code and printed certain pages. I further
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`understand based upon reviewing Exhibit 2070 that Sleep Number has disclosed in
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`its Contentions which air controllers sold with its consumer air mattress systems
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`practice the claims of the Patents-at-Issue.
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`23.
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`I understand the source code provided for inspection by ANM and
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`Sizewise in the District Court Cases is governed by protective orders under which
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`the source code is marked “HIGHLY CONFIDENTIAL SOURCE CODE –
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`OUTSIDE COUNSEL ONLY.” I take my obligations under the District Court
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`Cases’ protective orders very seriously and have maintained the confidentiality of
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`ANM’s and Sizewise’s source code.
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`24.
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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. Based
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`upon my review, I understand that these documents provide a history of the air
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`controllers sold respectively by ANM and Sleep Number. I rely upon these
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`documents for certain of my opinions below.
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`13
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`analysis is routinely employed by companies, government agencies, and other
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`organizations that engage in software engineering. I have personally performed
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`static program analysis numerous times individually and as part of a team, in both
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`laboratory and industrial settings, and I taught static program analysis techniques to
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`software engineering graduate students at the University of Southern California.
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`27. Static program analysis was an appropriate method to use in this matter
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`because (1) it provides information highly relevant to the questions that I was asked,
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`and (2) it only requires access to the source code, and does not require access to a
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`running instance of the software. Static analysis was therefore an appropriate
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`approach, given that the form of the software production and restrictions delineated
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`in the Protective Order did not allow for deployment and execution of the software.
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`28. Numerous static program analysis tools exist which analyze different
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`aspects of the code and provide different perspectives on its structure and behavior.
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`In my analysis of the ANM, Sizewise, and Sleep Number source code, I used
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`Notepad++7, Eclipse8, and MPLAB X9 for viewing and printing the source code files.
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`I used PowerGREP10 for searching the source code files. I used Beyond Compare11
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`for comparing source code files and folders.
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`• ANM’s products that use Version 1.8, Version 1.97, and Version 2.0 of
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`ANM’s source code each practice every element of the claims of the ‘154
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`and ‘747 Patents that are identified in Sleep Number’s Contentions.
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`• With respect to the software-based control functions recited in claims 12
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`and 16 of the ‘172 Patent, ANM’s Version 1.8, Version 1.9, Version 1.92,
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`Version 1.97, and Version 2.0 software is substantially similar to the Sleep
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`Number software that post-dates the patent filing and issuance and that was
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`provided for inspection.
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`• With respect to the software-based control functions recited in the ‘154
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`Patent, the ‘747 Patent, and claims 2, 6, and 20 of the ‘172 Patent, ANM’s
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`Version 1.8, Version 1.97, and Version 2.0 software is substantially similar
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`to the Sleep Number software that post-dates the patent filing and that was
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`provided for inspection.
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`• The similarity between ANM’s and Sleep Number’s products and the
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`release of the relevant ANM products after Sleep Number’s products are
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`evidence that ANM copied the functionality claimed in the ‘172, ‘154, and
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`‘747 Patents from the Sleep Number products.
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`• ANM’s changes in moving from Version 1.8 to Version 1.9 of its source
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`code and subsequent reversion of those changes in Version 1.97 and
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`Version 2.0 demonstrate the technical value of the inventions disclosed in
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`the ‘154 and ‘747 Patents and are evidence that these inventions
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`substantially improved the software-based control of inflation and
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`deflation in ANM’s products.
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`17
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`31. Based on my review of the source code, it is my opinion that in both
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`the ANM and Sleep Number products, the software embedded in the microcontroller
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`implements control functions for inflation and deflation, including responding to
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`user inputs to change the pressure in the bed, obtaining readings of the current
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`pressure in the bed, sending commands to valves and pumps, and displaying
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`messages on a user interface. Therefore, the software is a critical component of the
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`ANM and Sleep Number products and understanding the design and function of
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`these products requires an understanding of the software.
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`32. By implementing inflation and deflation control functions in software,
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`it is possible to program sophisticated behaviors into the system. For example, based
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`upon my review of ANM’s source code, it is my opinion that in certain ANM
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`products, inflation and deflation control functions are partly regulated by parameters
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`stored in the memory of the microcontroller. These parameters are updated using
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`pressure readings that are taken both during and after inflation and deflation. By
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`dynamically updating these parameters during operation, the software may change
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`its inflation and deflation behavior based on usage conditions. For example, the ‘154
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`and ‘747 Patents explain: “Furthermore, when microprocessor 36 detects subsequent
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`increases or decreases in the desired pressure setpoint after the default constants have
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`been replaced, the customized default constants may continue to be updated and
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`replaced in step 114 to maintain the highest degree of accuracy when performing
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`pressure adjustments and to take into account changes in the user such as, for
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`example, an increase or decrease in the weight of the user.” (‘154 Patent at 11:1-8;
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`‘747 Patent at 10:39-47.) I confirmed in a discussion with Dr. Abraham that these
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`parameters would change depending on the weight of the user. In this way, the
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`inflate/deflate behavior of the ANM products is customized for a user’s weight – a
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`capability made possible through the use of software-based control.
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`a/k/a Pegasus, FCS a/k/a Corolla (including the Performance FCS, Innovation FCS,
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`& 2012/Current/Corolla Firmness Control System), Q10, ADAT, SleepIQ, and 360.
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`34. The results of my analysis of Sleep Number’s source code are
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`consistent with this information. My inspection found that the Sleep Number code
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`included some code, the “Winland board documentation,” that contains programmer
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`notes that document the dates of revisions (“Winland code”). The recorded revisions
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`of the Winland code indicate that the code was developed prior to 2005, and many
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`revisions are dated between 2001-2004. It appears to me that the Winland code was
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`used in at least Sleep Number’s Pegasus pump (a/k/a the 5000/6000 series FCS)
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`because (1) according to Exhibit 2079, Sleep Number began selling the Pegasus air
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`controller in May 2004; (2) the Winland code includes software elements of the ‘172
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`Patent and Sleep Number disclosed in Exhibit 2070 that the Pegasus pump practiced
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`the ‘172 Patent; and (3) there was a document titled “Select Pegasus software matrix
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`022205.xls” within the “Winland board documentation” folder structure. As
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`mentioned above, the Winland code includes software elements of the ‘172 Patent.
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`This code also implements what ANM refers to in Exhibit 2077 as a “Target
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`pressure”/“Target system” controller, which ANM implemented in its air controllers
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`starting in 2012 (see Exhibit 2077 at ANMI00133420), by which I mean that the
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`user first sets a desired pressure, and then, without additional user input, the system
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`adjusts the pressure to achieve that target pressure. Other than the Winland code, all
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`the other Sleep Number code provided
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`for
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`inspection,
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`the “Logic
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`PD\Base_5k_Realtime,” “Sleep Number,” and “Sleep Number & SleepIQ,” includes
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`software elements of the ‘747 and ‘154 Patents in addition to the ‘172 Patent. This
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`other Sleep Number code implements an improved “Target pressure”/“Target
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`system” controller, which ANM implemented in its air controllers starting in 2014
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`(see Exhibit 2077 at ANMI00133421–22), by which I mean that the controller uses
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`an adjustment factor as taught in the ‘747 and ‘154 Patents. I am willing and able to
`
`further explain the operation of the Sleep Number code in detail and identify the
`
`specific portions of code that implement claim elements of the Patents-at-Issue if
`
`instructed to do so.
`
` ‘172 Patent Against ANM
`
`35.
`
`It is my opinion based upon the methodology described above and the
`
`inspections I have conducted that at least Version 1.8, Version 1.97, and Version 2.0
`
`of ANM’s source code implement the software elements of claims 2, 6, 12, 16, 20,
`
`22, and 24 of the ‘172 Patent, and at least Version 1.9 and Version 1.92 of ANM’s
`
`source code implement the software elements of claims 12 and 16 of the ‘172 Patent.
`
`Portions of these versions of source code demonstrate how to monitor pressure and
`
`provide commands during an inflate/deflate cycle as required by the claims of the
`
`‘172 Patent. Table 1 indicates the specific claim elements of the ‘172 Patent that are
`
`implemented in ANM’s source code. I am willing and able to further explain the
`
`21
`
`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2054
`IPR2019-00514
`Page 24
`
`
`
`
`
`operation of the ANM source code in detail and identify the specific portions of code
`
`that implement claim elements of the ‘172 Patent if allowed to do so.
`
`36.
`
`It is also my opinion based upon the methodology described above and
`
`the inspections I have conducted that the Contentions, in Exhibit 2072 (on the ‘172
`
`Patent against ANM), accurately and specifically identify the source code files, lines,
`
`functions, and variables in ANM’s source code that read on the claims of the ‘172
`
`Patent. I understand that reference in the Contentions to the source code line
`
`numbers and variable and method names have been redacted and are not being
`
`provided to the Board at this time. I can attest that the redacted text specifically
`
`identifies the parts of the source code that implement each claim element listed. I am
`
`willing and able to further explain how each version of source code operates if
`
`allowed to do so.
`
`37.
`
`I have reviewed the Declaration of John Abraham (Exhibit 2041) that I
`
`understand is being submitted by Sleep Number contemporaneously with this
`
`declaration. I understand that Dr. Abraham opines that ANM’s products read on the
`
`claimed mechanical-related elements of (i.e. structural components of) the ‘172
`
`Patent. (See, e.g., Exhibit 2041, paragraphs 34-35.) I rely upon that opinion and do
`
`not provide any opinions on mechanical-related elements myself.
`
`38. Therefore, based upon my review of the ‘172 Patent’s claims and
`
`specification, the Declaration of John Abraham (and discussions with Dr. Abraham),
`
`22
`
`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2054
`IPR2019-00514
`Page 25
`
`
`
`
`
`and the inspections I conducted of ANM’s source code using the methodology
`
`described above, it is my opinion that ANM’s products that use Version 1.8, Version
`
`1.9, Version 1.92, Version 1.97, and Version 2.0 of ANM’s source code (see Exhibit
`
`2077 at ANMI00133414, 21–22) can provide further evidence of practicing the
`
`claims of the ‘172 Patent that are identified in Sleep Number’s Contentions.
`
`39.
`
`It is also my opinion based upon the methodology described above and
`
`reviewing Sleep Number’s source code that ANM’s Version 1.8, Version 1.97, and
`
`Version 2.0 software is substantially similar to the inspected Sleep Number software
`
`that post-dates patent issuance with respect to the software-based control functions
`
`that are claimed in the ‘172 Patent. Further, it is my understanding based upon
`
`reviewing the Contentions (Exhibits 2070, 2072), SN_0021013–33 (Exhibit 2079),
`
`ANMI00133414–22 (Exhibit 2077), and Dr. Abraham’s Declaration (Exhibit 2041)
`
`that each of these versions of software were released after Sleep Number’s similar
`
`software had been put into products being offered for sale. I also understand from
`
`reviewing the Contentions (Exhibit 2072), SN_0021013–33 (Exhibit 2079),
`
`ANMI00133414–22 (Exhibit 2077), and Dr. Abraham’s Declaration (Exhibit 2041)
`
`that ANM’s air mattress systems and air controllers are similar to Sleep Number’s
`
`air mattress systems and air controllers in terms of the mechanical, i.e., structural,
`
`components.
`
`23
`
`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2054
`IPR2019-00514
`Page 26
`
`
`
`
`
`40. Therefore, it is my opinion that the similarity between ANM’s and
`
`Sleep Number’s software (established by my analysis), the similarity between
`
`ANM’s and Sleep Number’s mechanical components (established by Dr. Abraham),
`
`and the release of the relevant ANM products after Sleep Number’s products are
`
`evidence that ANM copied the functionality claimed in the ‘172 Patent from the
`
`Sleep Number products.
`
` ‘154 and ‘747 Patents Against ANM
`
`41.
`
`It is my opinion based upon the methodology described above and the
`
`inspections I have conducted that at least Version 1.8, Version 1.97, and Version 2.0
`
`of ANM’s source code read on the software-related limitations of claims 1-19 of the
`
`‘154 Patent and claims 1-18 of the ‘747 Patent. The source code shows how the
`
`software receives a selection of a desired pressure setpoint, calculates a pressure
`
`target based upon the desired pressure setpoint and an adjustment factor, adjusts
`
`pressure within the air chamber of the air bed until a sensed pressure in a pump
`
`manifold is substantially equal to the pressure target, determines an actual pressure
`
`within the air chamber which is used to determine an adjustment factor error, and
`
`subsequently modifies the pressure adjustment factor based upon the adjustment
`
`factor error. Each version of the source code reads on other claimed elements,
`
`including but not limited to using an additive adjustment factor for inflation and a
`
`multiplicative adjustment factor for deflation, storing the modified/updated pressure
`
`24
`
`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2054
`IPR2019-00514
`Page 27
`
`
`
`
`
`adjustment factor, and using the modified pressure adjustment factor to calculate a
`
`modified/updated pressure target that is used in a subsequent pressure adjustment. I
`
`prepared Table 2 and Table 3, which indicate the specific claim elements of the ‘154
`
`and ‘747 Patent that are implemented in ANM’s source code. I am willing and able
`
`to further explain the operation of the ANM source code in detail and identify the
`
`specific portions of code that implement claim elements of the ‘154 and ‘747 Patents
`
`if allowed to do so.
`
`42.
`
`It is also my opinion based upon the methodology described above and
`
`the inspections I have conducted that the Contentions, in Exhibit 2074 (on the ‘154
`
`Patent against ANM) and Exhibit 2075 (on the ‘747 Patent against ANM), accurately
`
`and specifically identify the source code files, lines, functions, and variables in
`
`Version 1.8, Version 1.97, and Version 2.0 of ANM’s source code that read on the
`
`claims of the ‘154 and ‘747 Patents. I understand that reference in the Contentions
`
`to the source code lines numbers and variable and method names have been redacted
`
`and are not being provided to the Board at this time. I can attest that the redacted
`
`text specifically identifies the parts of each version of the source code that implement
`
`each claim limitation, and I would be willing and able to further explain how each
`
`version of source code operates, if allowed to do so.
`
`43. As stated above, I have reviewed the Declaration of John Abraham
`
`(Exhibit 2041) that is being submitted by Sleep Number contemporaneously with
`
`25
`
`Sleep Number Corp.
`SUPPLEMENTAL EXHIBIT 2054
`IPR2019-00514
`Page 28
`
`
`
`
`
`this declaration. I understand that Dr. Abraham opines that the mechanical structures
`
`of ANM’s products read on the claimed mechanical-related elements o
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