`
`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
`
`

`

`IPR2019-00514
`Patent 5,904,172
`
`
`Patent Owner Sleep Number Corporation (“Sleep Number”) requests that
`
`Petitioner American National Manufacturing Inc. (“ANM” or “You”) produce the
`
`following information and documents within 14 days:
`
`Definitions
`
`1.
`
`“ANM’s Accused Air Controllers” shall include those identified by
`
`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.
`
`“An Accused Air Controller” shall include all of ANM’s Accused Air
`
`Controllers.
`
`Interrogatories
`
`Interrogatory No. 1: Please describe and identify sales 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) and the number of units
`
`sold.
`
`Interrogatory No. 2: Please describe and identify sales on all medical
`
`inflatable air bed systems sold by ANM (including but not limited to any bed models
`
`Deleted: and Real Party-in-
`
`Interest Sizewise Rentals,
`LLC (“Sizewise”)
`
`Deleted: <#>“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.¶
`
`Deleted: <#> and
`Deleted: and financial
`
`Sizewise’s Accused Air
`Controllers
`
`information
`
`Deleted: and the revenue
`Deleted: and financial
`
`generated therefrom
`
`information
`
`
`
`2
`
`Sleep Number Corp.
`EXHIBIT 2026
`IPR2019-00514
`Page 2
`
`

`

`generated therefrom
`
`Deleted: and the revenue
`Deleted: and financial
`Deleted: or Sizwise
`Deleted: any
`Deleted: (1) an
`
`information
`
`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)
`
`generated therefrom
`
`Dires, LLC; Elements of
`ReST, Inc./Responsive
`Surface Technology, LLC;
`and Advanced Sleep
`Technologies, LLC), and (2)
`the revenue generated
`therefrom
`
`Deleted: and the revenue
`Deleted: (including, e.g., to
`Deleted: describe and
`Deleted: the differentiating
`Deleted: including the size
`
`IPR2019-00514
`Patent 5,904,172
`
`
`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) and the number of units sold.
`
`Interrogatory No. 3: Please describe and identify sales on all medical
`
`inflatable air beds from 2008 to present sold or leased by ANM (including sales or
`
`leases by ANM to Sizewise) on a monthly or quarterly basis, including the
`
`following: the number of units sold/leased.
`
`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..
`
`Interrogatory No. 5: Please identify each SKU or product sold or leased
`
`since 1999, and whether each SKU or product includes An Accused Air Controller.
`
`Requests For Production
`
`Request No. 1: Please produce an excel spreadsheet that identifies sales 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
`
`product features, as between
`Your SKUs or products, for
`
`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,
`
`Deleted: , 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
`
`Deleted: and financial
`
`information
`
`
`
`3
`
`Sleep Number Corp.
`EXHIBIT 2026
`IPR2019-00514
`Page 3
`
`

`

`IPR2019-00514
`Patent 5,904,172
`
`
`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) and the number of
`
`units sold.
`
`Request No. 2: Please produce an excel spreadsheet that identifies sales 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) and the number of units sold.
`
`Request No. 3: Please produce an excel spreadsheet that identifies sales on
`
`all inflatable air beds sold or leased by ANM from 2008 to present on a monthly or
`
`quarterly basis, including the following: the number of units sold/leased.
`
`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.
`
`Deleted: and the revenue
`Deleted: and financial
`
`generated therefrom
`
`information
`
`Deleted: and the revenue
`Deleted: and financial
`Deleted: or Sizewise
`Deleted: (1) an
`
`generated therefrom
`
`information
`
`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)
`
`Deleted: and the revenue
`Deleted: (including, e.g., to
`
`generated therefrom
`
`Dires, LLC; Elements of
`ReST, Inc./Responsive
`Surface Technology, LLC;
`and Advanced Sleep
`Technologies, LLC), and (2)
`the revenue generated
`therefrom
`
`
`
`4
`
`Sleep Number Corp.
`EXHIBIT 2026
`IPR2019-00514
`Page 4
`
`

`

`IPR2019-00514
`Patent 5,904,172
`
`
`Request No. 5: Please produce an excel spreadsheet that identifies for each
`
`SKU or product sold or leased since 1999, and whether each SKU or product
`
`includes An Accused Air Controller.
`
`
`Dated: October XX, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: /s/
`
`
`
`
`
`
`
`
`Deleted: the differentiating
`Deleted: including the size
`
`product features, as between
`Your SKUs or products,
`
`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,
`
`Deleted: , and whether each
`Deleted: __
`Deleted: Luke Toft
`Deleted: Luke Toft (Reg.
`
`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
`
`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
`
`(Reg. No. 55,462)¶
`PILLSBURY WINTHROP SHAW
`PITTMAN LLP¶
`501 West Broadway, Suite
`1100¶
`San Diego, CA 92101¶
`
`Deleted: Steven A. Moore
`Telephone: (619) 234-5000¶... [1]
`Deleted: Kecia J. Reynolds
`Washington, DC 20036¶... [2]
`Deleted: Attorneys for
`
`(Reg. No. 47,021)¶
`PILLSBURY WINTHROP SHAW
`PITTMAN LLP¶
`1200 Seventeenth Street, NW¶
`
`Patent Owner¶
`Sleep Number Corporation
`
`
`
`5
`
`Sleep Number Corp.
`EXHIBIT 2026
`IPR2019-00514
`Page 5
`
`