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 IPR2019-00514 (Patent 5,904,172)
`____________
`
`PATENT OWNER’S DISCOVERY REQUESTS
`
`Sleep Number Corp.
`EXHIBIT 2026
`IPR2019-00514
`Page 1
`
`
`____________
`
`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 IPR2019-00514 (Patent 5,904,172)
`____________
`
`PATENT OWNER’S DISCOVERY REQUESTS
`
`Sleep Number Corp.
`EXHIBIT 2026
`IPR2019-00514
`Page 1
`
`
`
`IPR2019-00514 (Patent 5,904,172)
`
`Patent Owner Sleep Number Corporation (“Sleep Number”) requests that
`Petitioner American National Manufacturing Inc. (“ANM” or “You”) and Real
`Party-in-Interest Sizewise Rentals, LLC (“Sizewise”) produce the following
`information and documents within 14 days:
`Definitions
`“ANM’s Accused Air Controllers” shall include those identified by
`1.
`Sleep Number in its infringement contentions served on January 25, 2019 in Sleep
`Number v. ANM, 5:18-cv-00357AB(SPx) and which includes the air controllers
`identified on ANMI00133418-133422.
`2.
`“Sizewise’s Accused Air Controllers” shall include those identified by
`Sleep Number in its infringement contentions served on January 25, 2019 in Sleep
`Number v. Sizewise, 5:18-cv-00356AB(SPx) and which includes the Platinum 5000
`air controller and the Platinum 6000 air controller.
`3.
`“An Accused Air Controller” shall include all of ANM’s Accused Air
`Controllers and Sizewise’s Accused Air Controllers.
`Interrogatories
`Interrogatory No. 1: Please describe and identify sales and financial
`information on all consumer inflatable air bed systems sold by ANM under the
`Instant Comfort brand name (including but not limited to the model Q2, Q3, Q4, Q5,
`Q6, Q7, Q7-T, Q8, Q9, S6, S7, S7-T, S8 and S9 bed systems) from 1999 to present
`on a monthly or quarterly basis, including the following: (1) an identification of
`inflatable air beds sold with ANM’s Accused Air Controllers, (2) an identification
`of inflatable air beds sold without ANM’s Accused Air Controllers, and (3)
`
`2
`
`Sleep Number Corp.
`EXHIBIT 2026
`IPR2019-00514
`Page 2
`
`
`
`IPR2019-00514 (Patent 5,904,172)
`
`separately for the foregoing two categories, an identification of (by SKU or product
`name) the number of units sold and the revenue generated therefrom.
`Interrogatory No. 2: Please describe and identify sales and financial
`information on all medical inflatable air bed systems sold by ANM (including but
`not limited to any bed models currently or previously listed on ANM’s website,
`http://www.americannationalmfg.com/medical-beds.html) from 1999 to present on
`a monthly or quarterly basis, including the following: (1) an identification of
`inflatable air beds sold with ANM’s Accused Air Controllers, (2) an identification
`of inflatable air beds sold without ANM’s Accused Air Controllers, and (3)
`separately for the foregoing two categories, an identification of (by SKU or product
`name) the number of units sold and the revenue generated therefrom.
`Interrogatory No. 3: Please describe and identify sales and financial
`information on all medical inflatable air beds from 2008 to present sold or leased by
`ANM or Sizwise (including any sales or leases by ANM to Sizewise) on a monthly
`or quarterly basis, including the following: (1) an identification of inflatable air beds
`sold or leased with Sizewise’s Accused Air Controllers, (2) an identification of
`inflatable air beds sold or leased without Sizewise’s Accused Air Controllers, and
`(3) separately for the foregoing two categories, an identification of (by SKU or
`product name) the number of units sold/leased and the revenue generated therefrom.
`Interrogatory No. 4: For all sales identified in response to the Interrogatories
`above, please identify, on a monthly or quarterly basis, (1) which of the units
`sold/leased were to third-party retailers or distributors (including, e.g., to Dires,
`
`3
`
`Sleep Number Corp.
`EXHIBIT 2026
`IPR2019-00514
`Page 3
`
`
`
`IPR2019-00514 (Patent 5,904,172)
`
`LLC; Elements of ReST, Inc./Responsive Surface Technology, LLC; and Advanced
`Sleep Technologies, LLC), and (2) the revenue generated therefrom.
`Interrogatory No. 5: Please describe and identify the differentiating product
`features, as between Your SKUs or products, for each SKU or product sold or leased
`since 1999, including the size of the bed (e.g., King or Queen), the mattress height,
`the number and type of comfort or foam types included in the bed and the thickness
`of each, whether the remotes are wired or wireless, whether each SKU or product
`includes An Accused Air Controller, and whether each SKU or product includes, for
`example, dual adjustability, a mobile app or app capabilities, a cooling or heating
`element or technology (e.g., cooling memory foam), and/or other differentiating
`features.
`
`Requests For Production
`Request No. 1: Please produce an excel spreadsheet that identifies sales and
`financial information on all consumer inflatable air bed systems sold by ANM under
`the Instant Comfort brand name (including but not limited to the model Q2, Q3, Q4,
`Q5, Q6, Q7, Q7-T, Q8, Q9, S6, S7, S7-T, S8 and S9 bed systems) from 1999 to
`present on a monthly or quarterly basis, including the following: (1) an identification
`of inflatable air beds sold with ANM’s Accused Air Controllers, (2) an identification
`of inflatable air beds sold without ANM’s Accused Air Controllers, and (3)
`separately for the foregoing two categories, an identification of (by SKU or product
`name) the number of units sold and the revenue generated therefrom.
`Request No. 2: Please produce an excel spreadsheet that identifies sales and
`financial information on all medical inflatable air bed systems sold by ANM
`
`4
`
`Sleep Number Corp.
`EXHIBIT 2026
`IPR2019-00514
`Page 4
`
`
`
`IPR2019-00514 (Patent 5,904,172)
`
`(including but not limited to any bed models currently or previously listed on ANM’s
`website, http://www.americannationalmfg.com/medical-beds.html) from 1999 to
`present on a monthly or quarterly basis, including the following: (1) an identification
`of inflatable air beds sold with ANM’s Accused Air Controllers, (2) an identification
`of inflatable air beds sold without ANM’s Accused Air Controllers, and (3)
`separately for the foregoing two categories, an identification of (by SKU or product
`name) the number of units sold and the revenue generated therefrom.
`Request No. 3: Please produce an excel spreadsheet that identifies sales and
`financial information on all inflatable air beds sold or leased by ANM or Sizewise
`from 2008 to present on a monthly or quarterly basis, including the following: (1)
`an identification of inflatable air beds sold or leased with Sizewise’s Accused Air
`Controllers, (2) an identification of inflatable air beds sold or leased without
`Sizewise’s Accused Air Controllers, and (3) separately for the foregoing two
`categories, an identification of (by SKU or product name) the number of units
`sold/leased and the revenue generated therefrom.
`Request No. 4: For all sales identified in the documents responsive to the
`Document Requests above, produce an excel spreadsheet that identifies, on a
`monthly or quarterly basis, (1) which of the units sold/leased were to third-party
`retailers or distributors (including, e.g., to Dires, LLC; Elements of ReST,
`Inc./Responsive Surface Technology, LLC; and Advanced Sleep Technologies,
`LLC), and (2) the revenue generated therefrom.
`Request No. 5: Please produce an excel spreadsheet that identifies the
`differentiating product features, as between Your SKUs or products, for each SKU
`
`5
`
`Sleep Number Corp.
`EXHIBIT 2026
`IPR2019-00514
`Page 5
`
`
`
`IPR2019-00514 (Patent 5,904,172)
`
`or product sold or leased since 1999, including the size of the bed (e.g., King or
`Queen), the mattress height, the number and type of comfort or foam types included
`in the bed and the thickness of each, whether the remotes are wired or wireless,
`whether each SKU or product includes An Accused Air Controller, and whether each
`SKU or product includes dual adjustability, a mobile app or app capabilities, a
`cooling or heating element or technology (e.g., cooling memory foam), and/or other
`differentiating features.
`
`Dated: September 12, 2019
`
`
`By: /s/ Luke Toft
`Luke Toft (Reg. No. 75,311)
`FOX ROTHSCHILD LLP
`222 South Ninth Street, Suite 2000
`Minneapolis, MN 55402
`Telephone: (612) 607-7000
`Facsimile: (612) 607-7100
`ltoft@foxrothschild.com
`
`Steven A. Moore (Reg. No. 55,462)
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`501 West Broadway, Suite 1100
`San Diego, CA 92101
`Telephone: (619) 234-5000
`Facsimile: (619) 236-1995
`steve.moore@pillsburylaw.com
`
`6
`
`Sleep Number Corp.
`EXHIBIT 2026
`IPR2019-00514
`Page 6
`
`
`
`IPR2019-00514 (Patent 5,904,172)
`
`Kecia J. Reynolds (Reg. No. 47,021)
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`1200 Seventeenth Street, NW
`Washington, DC 20036
`Telephone: (202) 663-8000
`Facsimile: (202) 663-8007
`kecia.reynolds@pillsburylaw.com
`
`Attorneys for Patent Owner
`Sleep Number Corporation
`
`7
`
`Sleep Number Corp.
`EXHIBIT 2026
`IPR2019-00514
`Page 7
`
`
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