`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`
`
`L Toft <ltoft@foxrothschild.com>
`Thursday, January 10, 2019 9:43 AM
`Elliott, Kyle L.; Bear Brian; Hare, Jaspal
`e patton; A Hansen; Steve Moore; k ecia; Nicole Cunningham
`IPR Service
`
`Kyle, Brian, and Jaspal,
`
`
`Fox Rothschild is in receipt of the three IPR Petitions that you sent to our office with respect to the three patents-in-suit
`in the underlying district court litigations. In those IPR Petitions, your client names Select Comfort Corporation as the
`patent owner. Select Comfort Corporation is not the patent owner. As you know, Select Comfort Corporation changed
`its name to Sleep Number Corporation over a year ago (see Am. Compl. fn.1; SN_0000046), Sleep Number Corporation is
`the named plaintiff in the underlying district court actions (see Am. Compl.), and all of the patents-in-suit were assigned
`to Sleep Number Corporation over a year ago (e.g., SN_0000234, 236). Therefore, the IPR Petitions are invalid, cannot
`be treated as filed, and were not properly served on Sleep Number Corporation. This deficiency cannot now be
`corrected.
`
`
`Please let us know if you are available to meet and confer on this issue today (Jan. 10) or Friday (Jan. 11) and to then
`jointly contact the Board requesting a telephone conference to address the issue. If you do not accept this request by
`3pm CST, we will email the Board, copying you, to request a telephone conference with the parties.
`
`
`Luke
`
`
`Luke Toft
`
`Associate
`Fox Rothschild LLP
`
`Campbell Mithun Tower - Suite 2000
`222 South Ninth St.
`Minneapolis, MN 55402-3338
`(612) 607-7336 - direct
`(612) 607-7100- fax
`ltoft@foxrothschild.com
`www.foxrothschild.com
`
`
`
`This email contains information that may be confidential and/or privileged. If you are not the intended recipient,
`or the employee or agent authorized to receive for the intended recipient, you may not copy, disclose or use any
`contents in this email. If you have received this email in error, please immediately notify the sender at Fox
`Rothschild LLP by replying to this email and delete the original and reply emails. Thank you.
`
`1
`
`AMERICAN NATIONAL MANUFACTURING, INC. - EX 1033 - IPR2019-00514 - Page 1
`
`
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