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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`AMERICAN NATIONAL MANUFACTURING INC.,
`Petitioner,
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`v.
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`SLEEP NUMBER CORPORATION
`f/k/a SELECT COMFORT CORPORATION,
`Patent Owner.
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`____________
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`Case No. IPR2019-00514
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`Patent No. (Patent 5,904,172)
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`PETITIONER’S NOTICE OF APPEAL OF FINAL WRITTEN DECISION
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`Via PTAB E2E
`Patent Trial and Appeal Board
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`Via Hand Carry
`Office of the General Counsel
`United States Patent and Trademark Office
`Madison Building East, Room 10B20
`600 Dulany Street
`Alexandria, VA 22314
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`Via CM/ECF
`United States Court of Appeals for the Federal Circuit
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`WA 15537138.3
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`I.
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`INTRODUCTION
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`Petitioner American National Manufacturing, Inc. (“ANM”) files this notice
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`of its appeal from the Patent Trial and Appeal Board’s (the “Board”) Final Written
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`Decision under 35 U.S.C. § 318(a) entered on August 4, 2020 (Paper No. 94) (the
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`“Final Written Decision”) in the above-captioned inter partes review of United
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`States Patent No. 5,904,172 (the “‘172 patent”). This notice is timely filed within 63
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`days of the Board’s Final Written Decision. 35 U.S.C. § 142; 37 C.F.R. § 90.3(a)(1).
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`II. PETITIONER’S APPEAL
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`Please take notice that pursuant to 35 U.S.C. §§ 141(c), 319; and Federal Rule
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`of Appellate Procedure 15(a), ANM hereby appeals to the United States Court of
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`Appeals for the Federal Circuit from the Final Written Decision, including any
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`underlying orders, decisions, rulings, and opinions, as well as any issues raised
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`during that proceeding.
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`III. ISSUES ON APPEAL
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), ANM’s issues on appeal
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`include, without limitation, the following:
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`(i)
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`the Board’s determination that claims 2, 12, and 22 are not unpatentable
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`under 35 U.S.C. § 102 as anticipated by Shafer;
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`(ii) The Board’s determination that claims 2, 6, 12, 20, and 24 are not
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`unpatentable under 35 U.S.C. § 102 as anticipated by Vrzalik;
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`2
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`WA 15537138.3
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`(iii)
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`the Board’s determination that claims 6, 16, 20, and 24 are not
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`unpatentable as obvious under 35 U.S.C. § 103 in view of Shafer, Grant,
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`and the knowledge of a Person Ordinarily Skilled in the Art
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`(“POSITA”);
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`(iv)
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`the Board’s determination that claim 2 is not unpatentable as obvious
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`under 35 U.S.C. § 103 in view of Shafer, Kashiwamura, and the
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`knowledge of a POSITA;
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`(v)
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`the Board’s determination that claims 6 and 20 are not unpatentable as
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`obvious under 35 U.S.C. § 103 in view of Shafer, Grant, Kashiwamura,
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`and the knowledge of a POSITA;
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`(vi)
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`the Board’s determination that claim 12 is not unpatentable as obvious
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`under 35 U.S.C. § 103 in view of Shafer, Dye, and the knowledge of a
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`POSITA;
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`(vii)
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`the Board’s determination that claim 16 is not unpatentable as obvious
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`under 35 U.S.C. § 103 in view of Shafer, Grant, Dye, and the
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`knowledge of a POSITA;
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`(viii) the Board’s determination that claims 2, 12, and 22 are not unpatentable
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`as obvious under 35 U.S.C. § 103 in view of Shafer, Cammack, and the
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`knowledge of a POSITA;
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`3
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`WA 15537138.3
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`(ix)
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`the Board’s determination that claim 12 is not unpatentable as obvious
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`under 35 U.S.C. § 103 in view of Shafer, Dye, Cammack, and the
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`knowledge of a POSITA;
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`(x)
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`the Board’s determination that claims 2 and 22 are not unpatentable as
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`obvious under 35 U.S.C. § 103 in view of Shafer, Kashiwamura,
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`Cammack, and the knowledge of a POSITA;
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`(xi)
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`the Board’s determination that claim 22 is not unpatentable as obvious
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`under 35 U.S.C. § 103 in view of Vrzalik, Shafer, and the knowledge
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`of a POSITA;
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`(xii)
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`the Board’s determination that claim 4 is not unpatentable as obvious
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`under 35 U.S.C. § 103 in view of Shafer, Ramacier, and the knowledge
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`of a POSITA;
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`(xiii) the Board’s construction and interpretation of the claim language of
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`claims 2, 4, 6, 12, 16, 20, and 24 of the ’172 patent; and
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`(xiv) any finding or determination supporting or related to the above-
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`mentioned issues as well as any other issues decided adversely to ANM,
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`including any order, decisions, rulings, and/or opinions.
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`Pursuant to 37 C.F.R. § 90.2, ANM is filing a true and correct copy of this
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`notice of appeal with the Director of the U.S. Patent and Trademark as provided in
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`37 C.F.R. § 104.2, and the Board as provided in 37 C.F.R. 41.10(a), and a true and
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`4
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`WA 15537138.3
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`correct copy of the same, along with the required docketing fees, with the Clerk of
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`the U.S. Court of Appeals for the Federal Circuit as provided in Federal Circuit Rule
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`15(a)(1), as set forth in the accompanying Certificate of Filing.
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`Date: October 5, 2020
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`Respectfully Submitted,
`SPENCER FANE LLP
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`By /s/Kyle L. Elliott .
`Kyle L. Elliott, Reg. No. 39,485
`Kevin S. Tuttle, Reg. No. 52,307
`Brian T. Bear (pro hac vice)
`Mark A. Thornhill (pending pro hac vice)
`Spencer Fane LLP
`1000 Walnut Street, Suite 1400
`Kansas City, Missouri 64106-2140
`Telephone: (816) 474-8100
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`Jaspal S. Hare, Reg. No. 66,988
`jhare@spencerfane.com
`Spencer Fane LLP
`5700 Granite Pkwy, Suite 650
`Plano, TX 75024
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`5
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`WA 15537138.3
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`CERTIFICATE OF FILING
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`The undersigned hereby certifies that, in addition to being electronically filed
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`through the PTAB’s E2E System, a true and correct copy of the above-captioned
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`PETITIONER’S NOTICE OF APPEAL OF FINAL WRITTEN DECISION is being
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`filed by hand delivery with the Director on October 5, 2020 at the following address:
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`Office of the General Counsel
`United States Patent and Trademark Office
`Madison Building East, Room 10B20
`600 Dulany Street
`Alexandria, VA 22314
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`The undersigned also hereby certifies that a true and correct copy of the
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`above-captioned PETITIONER’S NOTICE OF APPEAL OF FINAL WRITTEN
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`DECISION and the filing fee is being filed via the electronic filing system, CM/ECF,
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`with the Clerk’s Office of the U.S. Court of Appeals for the Federal Circuit on
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`October5, 2020.
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`Date: October 5, 2020
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`
` /s/Kyle L. Elliott .
`Kyle L. Elliott (Reg. No. 39,485)
`.
`Attorney for Petitioner
`American National Manufacturing, Inc.
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`6
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`WA 15537138.3
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true and correct copy of the foregoing
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`PETITIONER’S NOTICE OF APPEAL OF FINAL WRITTEN DECISION was
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`served in its entirety on October 5, 2020, by electronic mail upon the following
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`parties:
`
`Steven A. Moore
`stevemoore@zhonglun.com
`ZHONG LUN
`4322 Wilshire Boulevard, Suite 200
`Los Angeles, CA 90010
`
` Kecia J. Reynolds
`kecia.reynolds@pillsburylaw.com
`PILLSBURY WINTHORP SHAW
`PITTMAN LLP
`1200 Seventeenth Street, NW
`Washington, DC 20036
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`Luke Toft
`ltoft@foxrothschild.com
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`
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`
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`Andrew Hansen (pro hac vice)
`ahansen@foxrothschild.com
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`Archana Nath (pro hac vice)
`anath@foxrothschild.com
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`Elizabeth A. Patton (pro hac vice)
`epatton@foxrothschild.com
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`FOX ROTHSCHILD LLP
`222 South Ninth Street, Suite 2000
`Minneapolis, MN 55402
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`Date: October 5, 2020
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` /s/Kyle L. Elliott .
`Kyle L. Elliott (Reg. No. 39,485)
`.
`Attorney for Petitioner
`American National Manufacturing, Inc.
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`7
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`WA 15537138.3
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