`
`____________
`
`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
`
`____________
`
`PATENT OWNER’S MOTION FOR ADMISSION PRO HAC VICE
`OF ANDREW S. HANSEN
`
`1
`
`
`
`Case No. IPR2019-00514
`Patent No. 5,904,172
`
`Pursuant to 37 C.F.R. § 42.10 and the Board’s authorization to file motions
`
`for pro hac vice admission in Inter Partes Review Case No. IPR2019-00497, Patent
`
`Owner requests that the Board admit Andrew S. Hansen pro hac vice in this
`
`proceeding.
`
`The Board may recognize counsel pro hac vice during a proceeding on a
`
`showing of good cause. “[W]here lead counsel is a registered practitioner, a motion
`
`to appear pro hac vice may be granted upon a showing that counsel is an experienced
`
`litigation attorney and has an established familiarity with the subject matter at issue
`
`in the proceeding.” 37 C.F.R. § 42.10(c).
`
`Here, lead counsel, Steve Moore is a registered practitioner (Reg. No. 55,462).
`
`Additionally, first backup, Lukas D. Toft, who practices in the same firm as Mr.
`
`Hansen, is also a registered practitioner (Reg. No. 75311.) Mr. Hansen has at least
`
`seven years of patent litigation experience, and he is substantially familiar with the
`
`subject matter at issue in this proceedings. Accompanying this motion is the
`
`Declaration of Andrew S. Hansen, where Mr. Hansen attests to his experience and
`
`familiarity. See generally Hansen Decl. (Ex. 2032.) Specifically, Mr. Hansen attests
`
`that:
`
`• He has been practicing intellectual property litigation for over twenty years,
`
`and specifically patent litigation, for over seven years;
`
`• He has been counsel on several patent litigation cases; and
`
`
`
`Case No. IPR2019-00514
`Patent No. 5,904,172
`
`• He is a senior member of the team representing Patent Owner in the
`
`following proceedings: IPR2019-00497 (U.S. Pat. No. 8,769,747),
`
`IPR2019-00500 (U.S. Pat. No. 9,737,154), and IPR2019-00514 (U.S. Pat.
`
`No. 5,904,172).
`
`• He is also a senior member of the team representing Patent Owner in the
`
`following related district court cases: Sleep Number Corporation v.
`
`American National Manufacturing Inc., 5:18-cv-00357(AB)(SPx) and Sleep
`
`Number Corporation v. Sizewise Rentals, LLC, 5:18-cv-00356(AB)(SPx).
`
`Good cause exists because (1) the Parties anticipate numerous calls with the
`
`Board in which Mr. Hansen may have insight to provide or argument to assert, (2)
`
`the Parties have multiple depositions to take between September 15, 2019 and
`
`October 8, 2019, some of which may need two days to take, and (3) Patent Owner
`
`also anticipates additional discovery or motion practice, including additional
`
`depositions after submission of Patent Owner’s Response, that would necessitate
`
`Mr. Hansen’s involvement. Mr. Hansen’s involvement in these proceedings
`
`alleviates conflict concerns created by the schedule and ensures the full team
`
`representing Patent Owner can appear before the Board. Additionally, this motion
`
`and Mr. Hansen’s declaration meet the other requirements for pro hac vice
`
`admission in this matter. Moreover, Petitioner has indicated that it will not oppose
`
`this motion. Accordingly, these facts establish good cause to recognize Mr. Hansen
`
`
`
`Case No. IPR2019-00514
`Patent No. 5,904,172
`
`in this proceeding. Thus, Patent Owner requests that the Board admit Mr. Hansen
`
`pro hac vice in this proceeding.
`
`Dated: September 12, 2019
`
`
`
`Respectfully submitted,
`
`FOX ROTHSCHILD, LLP
`
`
`s/ Luke D. Toft
`Luke Toft (Reg. No. 75,311)
`FOX ROTHSCHILD LLP
`Campbell Mithun Tower, Suite 2000
`222 South Ninth Street
`Minneapolis, MN 55402-3338
`Telephone: (612) 607-7000
`Facsimile: (612) 607-7100
`ltoft@foxrothschild.com
`
`
`
`Case No. IPR2019-00514
`Patent No. 5,904,172
`
`CERTIFICTE OF SERVICE
`
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105, and by agreement of counsel,
`
`the undersigned hereby certifies on this 12th day of September, 2019, that a
`
`complete copy of Patent Owner’s Motion for Admission Pro Hac Vice of
`
`Andrew S. Hansen, was served by e-mail, as authorized by the Petitioner, at
`
`the following email correspondence address of record as follows:
`
`Kyle L. Elliott
`kelliott@spencerfane.com
`
`Kevin S. Tuttle
`ktuttle@spencerfane.com
`
`Lori J. Allee
`jallee@spencerfane.com
`
`SPENCER FANE LLP
`1000 Walnut Street, Suite 1400
`Kansas City, MO 64106
`
`Jaspal S. Hare
`jhare@spencerfane.com
`
`SPENCER FANE LLP
`2200 Ross Avenue
`Suite 4800 West
`Dallas, TX 75201
`
`Dated: September 12, 2019
`
`
`
`By: s/Luke D. Toft
` Luke Toft
`
`102234456.v1-9/12/19
`
`
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