`
`____________
`
`
`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 SECOND SET OF DISCOVERY REQUESTS
`
`
`
`
`
`
`
`
`Sleep Number Corp.
`EXHIBIT 2039
`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”) provide the
`
`following within two business days:
`
`Definitions
`
`1.
`
`“Sleep Number’s Infringement Contentions Against ANM” shall mean
`
`the three Exhibits attached to Plaintiff’s Amended Disclosure of Asserted Claims
`
`and Infringement Contentions served by Sleep Number on January 25, 2019 in Sleep
`
`Number v. ANM, 5:18-cv-00357AB(SPx). It shall not include the three Exhibits
`
`attached to Plaintiff’s Amended Disclosure of Asserted Claims and Infringement
`
`Contentions served by Sleep Number on January 25, 2019 in Sleep Number v.
`
`Sizewise, 5:18-cv-00356AB(SPx).
`
`2.
`
`“Accused Source Code” shall mean the following five versions of
`
`ANM’s source code provided for inspection by ANM, printed within bates stamped
`
`documents ANMISC_0001-0031, ANMISC_0038-0111, and ANMISC_0121-
`
`0437, and identified in Sleep Number’s Infringement Contentions: Versions 1.8, 1.9,
`
`1.92, 1.97, and 2.0.
`
`3.
`
`“Access and Use” shall mean allowing the use of, including but not
`
`limited to as Exhibits for Papers submitted to the Board and for witness
`
`examinations, under the protections of the Stipulated Protective Order.
`
`Interrogatory
`
`Interrogatory No. 1: Please affirmatively provide notice that Sleep Number
`
`may Access and Use the Accused Source Code in this IPR Proceeding.
`
`1
`
`Sleep Number Corp.
`EXHIBIT 2039
`IPR2019-00514
`Page 2
`
`
`
`IPR2019-00514
`Patent 5,904,172
`
`
`Document Request
`
`Request No. 1: Please produce, or in the alternative provide Access and Use
`
`of, the following: (1) the Accused Source Code contained within bates numbered
`
`pages ANMISC_0001-0031, ANMISC_0038-0111, and ANMISC_0121-0437 and
`
`(2) Sleep Number’s Infringement Contentions Against ANM.
`
`
`Dated: October 23, 2019
`
`
`
`
`
`
`
`
`By: /s/ Luke Toft
`Luke Toft (Reg. No. 75,311)
`Andrew Hansen (pro hac vice)
`Archana Nath (pro hac vice)
`Elizabeth A. Patton (pro hac vice)
`FOX ROTHSCHILD LLP
`222 South Ninth Street, Suite 2000
`Minneapolis, MN 55402
`Telephone: (612) 607-7000
`ltoft@foxrothschild.com
`ahansen@foxrothschild.com
`anath@foxrothschild.com
`epatton@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
`steve.moore@pillsburylaw.com
`
`
`2
`
`Sleep Number Corp.
`EXHIBIT 2039
`IPR2019-00514
`Page 3
`
`
`
`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
`kecia.reynolds@pillsburylaw.com
`
`Attorneys for Patent Owner
`Sleep Number Corporation
`
`
`
`3
`
`Sleep Number Corp.
`EXHIBIT 2039
`IPR2019-00514
`Page 4
`
`
`
`IPR2019-00514
`Patent 5,904,172
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR § 42.6(e), the undersigned hereby certifies that on October
`
`23, 2019, the foregoing Patent Owner’s Second Discovery Requests was served via
`
`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
`Brian T. Bear
`bbear@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: October 23, 2019
`
`
`
`
`
`/s/ Luke Toft
`Luke Toft (Reg. No. 75, 311)
`Counsel for Patent Owner
`
`
`
`
`
`
`4
`
`Sleep Number Corp.
`EXHIBIT 2039
`IPR2019-00514
`Page 5
`
`
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