`
`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
`____________
`
`
`
`
`
`
`PETITIONER’S REQUEST FOR EXTENSION OF TIME TO DEEM THE
`FILING OF PETITIONER’S OPPOSITION (PAPER 23) AS TIMELY
`
`
`1
`
`WA 13582202.2
`
`
`
`Pursuant
`
`to
`
`the Panel’s authorization, Petitioner American National
`
`Manufacturing, Inc. (“ANM”) requests that the Panel extend time and deem the
`
`filing of ANM’s Opposition (Paper 23) (the “Opposition”) to Patent Owner Sleep
`
`Number Corp.’s (“Patent Owner”) Motion for Additional Discovery and Exceed
`
`Page Limits (Paper 18) (the “Motion”) as timely.
`
`Good cause exists for the requested extension. The Opposition was due on
`
`September 19, 2019 (see IPR2019-00497, Paper 14), five-business days after the
`
`filing Patent Owner’s Motion.1 ANM diligently worked to draft the Opposition.
`
`However, on September 12, the same day as Patent Owner filed its Motion,
`
`Patent Owner filed its first ex parte application to modify the protective order in a
`
`related District Court proceeding. ANM’s response was due within 24 hours.
`
`After the first ex parte application was denied on September 17, Patent Owner on
`
`September 18 filed a second ex parte application for leave to modify the protective
`
`order in the related District Court proceeding. ANM’s response was due within 24
`
`hours, thus resulting in two deadlines falling on September 19. In addition,
`
`counsel encountered technical difficulties with their computer systems leading up
`
`to the filing deadline which contributed to the delay. These circumstances resulted
`
`in ANM filing the Opposition approximately 3 minutes late. ANM is not aware of
`
`any prejudice to Patent Owner as a result of the late filing, given that no responsive
`
`1 In addition, similar filings were also due in IPR2019-00497 and -500, which were timely filed.
`
`
`
`WA 13582202.2
`
`
`
`pleading is authorized to the opposition. Additionally, with the three minute delay
`
`in the filing, there is unlikely to be any substantial reduction to the Board’s or the
`
`Patent Owner’s review of the filing. ANM met and conferred with Patent Owner
`
`regarding this issue and Patent Owner does not oppose the relief requested.
`
`For the foregoing reasons, the Panel should authorize a retroactive extension
`
`of time and deem the filing of ANM’s Opposition as timely.
`
`Date: September 25, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully Submitted,
`SPENCER FANE LLP
`
`By /s/Kyle L. Elliott .
`Kyle L. Elliott, Reg. No. 39,485
`Kevin S. Tuttle, Reg. No. 52,307
`Spencer Fane LLP
`1000 Walnut Street, Suite 1400
`Kansas City, Missouri 64106-2140
`Telephone: (816) 474-8100
`
`Jaspal S. Hare, Reg. No. 66,988
`jhare@spencerfane.com
`Spencer Fane LLP
`5700 Granite Pkwy, Suite 650
`Plano, TX 75024
`
`WA 13582202.2
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that a copy
`
`of the foregoing PETITIONER’S REQUEST FOR EXTENSION OF TIME TO
`
`DEEM THE FILING OF PETITIONER’S OPPOSITION (PAPER 23) AS
`
`TIMELY and its cited exhibits not currently of record were served in its entirety on
`
`September 25, 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 13582202.2
`
`
`
`Date: September 25, 2019
`
`
`
`
` /s/Kyle L. Elliott .
`Kyle L. Elliott (Reg. No. 39,485)
`.
`Attorney for Petitioner
`American National Manufacturing, Inc.
`
`
`
`
`
`WA 13582202.2
`
`
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