`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`AMERICAN NATIONAL MANUFACTURING INC.
`Petitioner
`
`v.
`
`SLEEP NUMBER CORPORATION
`f/k/a SELECT COMFORT CORPORATION
`Patent Owner
`
`____________
`
`Case No. IPR2019-00514
`
`Patent No. 5,904,172
`____________
`
`
`
`
`
`
`DECLARATION OF KYLE L. ELLIOTT IN SUPPORT OF
`PETITIONER’S REPLY TO PATENT OWNER’S REQUEST TO RESCIND
`THE FILING DATE OF THE PETITION AND DENY INSTUTION OF
`THE PETTION FOR FAILURE TO TIMELY SERVE THE PETITION
`UPON PATENT OWNER
`
`
`
`WA 12989873.3
`
`AMERICAN NATIONAL MANUFACTURING, INC. - EX 1029 - IPR2019-0514 - Page 1
`
`
`
`I, Kyle L. Elliott, declare and state as follows:
`
`1.
`
`I am an attorney with the law firm of Spencer Fane LLP. I represent
`
`Petitioner, American National Manufacturing, Inc., in the above captioned
`
`proceeding. I make this Declaration in support of Petitioner’s reply to Patent
`
`Owner’s request to rescind the filing date as identified in Patent Owner’s Preliminary
`
`Response. I am above eighteen years of age, of sound mind, and if called to testify
`
`I could and would competently testify hereto. I make this declaration of my own
`
`personal knowledge.
`
`2.
`
`Attached as Exhibit 1030 is a true and correct copy of the Court Order
`
`Granting Defendants’ Motion to Stay Pending Inter Partes Review issued on
`
`February 12, 2019; 5:18-cv-0357AB(SPx), Dkt. No. 142.
`
`3.
`
`Attached as Exhibit 1031 is a true and correct copy of the Federal
`
`Express package shipping and delivery confirmation notice of the served petition
`
`and accompanying materials to Ms. Elizabeth Patton at Fox Rothschild LLP,
`
`Minneapolis, MN.
`
`4.
`
`Attached as Exhibit 1032 is a true and correct copy of the Federal
`
`Express package shipping and delivery confirmation notice of the served petition
`
`and accompanying materials to Mr. Stuart Nelson at Fish & Richardson PC,
`
`Minneapolis, MN.
`
`
`
`WA 12989873.3
`
`AMERICAN NATIONAL MANUFACTURING, INC. - EX 1029 - IPR2019-0514 - Page 2
`
`
`
`5.
`
`Attached as Exhibit 1033 is a true and correct copy of Mr. Lukas Toft’s
`
`January 10, 2019 email correspondence to Petitioner’s counsel regarding the service
`
`of the petition.
`
`6.
`
`Attached as Exhibit 1034 is a true and correct copy of the Proof of
`
`Service of the first filed complaint against petitioner alleging infringement of U.S.
`
`Patent No. 5,904,172 dated January 2, 2018; 3:17-cv-03517, Dkt. No. 7.
`
`7.
`
`Attached as Exhibit 1035 is a true and correct copy of Change of Name
`
`Patent Assignment filed by Patent Owner on November 16, 2017 and recorded at
`
`Reel/Frame 044784/0925.
`
`8.
`
`Attached as Exhibit 1036 is a true and correct copy of Mr. Lukas Toft’s
`
`January 11, 2019 email correspondence to the Board seeking guidance to challenge
`
`the service of the petition.
`
`9.
`
`Attached as Exhibit 1037 is a true and correct copy of the Joint
`
`Stipulation Regarding Stay of District Court Actions filed on February 12, 2019;
`
`5:18-cv-0357AB(SPx), Dkt. No. 141.
`
`10. Attached as Exhibit 1038 is a true and correct copy of the Federal
`
`Express package tracking information of the served petition and accompanying
`
`materials to Ms. Elizabeth Patton at Fox Rothschild LLP, Minneapolis, MN.
`
`
`
`WA 12989873.3
`
`AMERICAN NATIONAL MANUFACTURING, INC. - EX 1029 - IPR2019-0514 - Page 3
`
`
`
`11. Attached as Exhibit 1039 is a true and correct copy of the Federal
`
`Express package tracking information of the served petition and accompanying
`
`materials to Mr. Stuart Nelson at Fish & Richardson PC, Minneapolis, MN.
`
`I declare under penalty of perjury under the laws of the United States of
`
`America that the foregoing is true and correct.
`
`Date: May 17, 2019
`
`
`
`
`
`
`By /s/Kyle L. Elliott .
`Kyle L. Elliott, Reg. No. 39,485
`Spencer Fane LLP
`1000 Walnut Street, Suite 1400
`Kansas City, Missouri 64106-2140
`Telephone: (816) 474-8100
`
`
`
`WA 12989873.3
`
`AMERICAN NATIONAL MANUFACTURING, INC. - EX 1029 - IPR2019-0514 - Page 4
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that a copy
`
`of the foregoing DELCARATION OF KYLE L. ELLIOTT IN SUPPORT OF
`
`PETITIONER’S REPLY TO PATENT OWNER’S REQUEST TO RESCIND THE
`
`FILING DATE OF THE PETITION AND DENY INSTUTION OF THE PETTION
`
`FOR FAILURE TO TIMELY SERVE THE PETITION UPON PATENT OWNER
`
`and its exhibits were served in its entirety on May 17, 2019, by electronic mail, as
`
`authorized by Patent Owner’s Mandatory Notices, directed to the attorneys of record
`
`for Patent Owner at the following correspondence address of record:
`
`Steven A. Moore
`Steve.moore@pillsburylaw.com
`
`PILLSBURY WINTHORP SHAW PITTMAN LLP
`501 West Broadway, Suite 1100
`San Diego, CA 92101
`
`Luke Toft
`LToft@foxrothschild.com
`
`FOX ROTHSCHILD LLP
`Campbell Mithun Tower, Suite 2000
`222 South Ninth Street
`Minneapolis, MN 55402
`
`Kecia J. Reynolds
`kecia.reynolds@pillsburylaw.com
`
`PILLSBURY WINTHORP SHAW PITTMAN LLP
`1200 Seventeenth Street, NW
`Washington, DC 20036
`
`
`
`WA 12989873.3
`
`AMERICAN NATIONAL MANUFACTURING, INC. - EX 1029 - IPR2019-0514 - Page 5
`
`
`
`Date: May 17, 2019
`
`
`
`
`
`
`
`
` /s/Kyle L. Elliot .
`Kyle L. Elliott (Reg. No. 39,485)
`.
`Attorney for Petitioner
`American National Manufacturing, Inc.
`
`
`
`WA 12989873.3
`
`AMERICAN NATIONAL MANUFACTURING, INC. - EX 1029 - IPR2019-0514 - Page 6
`
`
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