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
`____________
`
`
`
`
`
`
`DECLARATION OF DR. JOHN ABRAHAM
`IN SUPPORT OF PATENT OWNER’S RESPONSE
`
`
`
`
`
`
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`Sleep Number Corp.
`EXHIBIT 2041
`IPR2019-00514
`Page 1
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`
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`____________
`
`
`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
`____________
`
`
`
`
`
`
`DECLARATION OF DR. JOHN ABRAHAM
`IN SUPPORT OF PATENT OWNER’S RESPONSE
`
`
`
`
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`
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`Sleep Number Corp.
`EXHIBIT 2041
`IPR2019-00514
`Page 1
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`I, John Abraham, declare as follows:
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`1.
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`I am over the age of 21 years and am fully competent to make this
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`Declaration. I make the following statements based on personal knowledge and, if
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`called to testify to them, could and would do so.
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`2.
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`I have been retained on behalf of Sleep Number Corporation (“Sleep
`
`Number”). My fee is not contingent on the outcome of any matter or on any of the
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`positions I have or will take in any matter. I have no financial interest in Sleep
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`Number.
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`3. My qualifications as an expert in the field of mechanical engineering
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`are set forth in the paragraphs below and in my curriculum vitae, attached hereto as
`
`Appendix A.
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`4.
`
`I earned a Bachelor of Science degree in Mechanical Engineering with
`
`a minor in Mathematics from the University of Minnesota – Twin Cities in 1997. In
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`1999, I earned a Master of Science degree from the University of Minnesota – Twin
`
`Cities. In 2002, I earned a Ph.D. degree in Mechanical Engineering in the area of
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`Thermal Sciences also from the University of Minnesota – Twin Cities, with my
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`thesis on “A comprehensive experimental, analytical, and numerical investigation of
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`the modes of heat transfer in an electrically heated oven.”
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`1
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`Sleep Number Corp.
`EXHIBIT 2041
`IPR2019-00514
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`5.
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`In 2002, I joined the faculty of University of St. Thomas in St. Paul,
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`Minnesota, as an Assistant Professor in the Engineering Department. In 2008, I
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`became an Associate Professor at the University of St. Thomas in the Engineering
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`Department. In 2013, I was promoted to a full professorship at the University of St.
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`Thomas in the Engineering Department, where I currently teach in the area of
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`thermodynamics, heat transfer, and fluid mechanics.
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`6.
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`I am an inventor on several issued U.S. Patents, including: U.S. Patent
`
`No. 8,484,974 “Dual-phase thermal electricity generator”; U.S. Patent No.
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`7,559,485 “Variable orifice valve”; and U.S. Patent No. 8,118,225 “Vehicle Energy
`
`Absorption.”
`
`Background
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`7.
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`I am familiar with U.S. Patent No. 5,904,172 (“the ‘172 Patent”), U.S.
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`Patent No. 9,737,154 (“the ‘154 Patent”), and U.S. Patent No. 8,769,747 (“the ‘747
`
`Patent”) (collectively, “Patents-at-Issue”).
`
`8.
`
`I am also familiar with the products of Petitioner American National
`
`Manufacturing, Inc. (“ANM”), Real-Party-in-Interest Sizewise Rentals, LLC
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`(“Sizewise”), and Real-Party-in-Interest Dires, LLC (“Dires”). For example, I was
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`retained by Sleep Number and served as an expert in the prior International Trade
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`Commission (“ITC”) proceeding against ANM and Sizewise and involving the ‘172
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`Patent: In the Matter of Certain Air Mattress Systems, Components Thereof, and
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`2
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`EXHIBIT 2041
`IPR2019-00514
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`Methods of Using the Same, Inv. No. 337-TA-971 (“ITC Proceeding”). During the
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`ITC Proceeding, I conducted inspections and analyses of ANM’s/Dires’ (ANM for
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`short herein) and Sizewise’s physical products, as well as Versions 1.8 and 1.9 of
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`ANM’s source code used in ANM’s products and one version of the source code
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`used in the Platinum 5000/6000 products.
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`9.
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`I submitted an expert report and testified to the ITC as to my opinion
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`that ANM’s and Sizewise’s air bed products infringed claims 2, 6, 9, 12, 16, 20, 22,
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`23, and 24 of the ‘172 Patent. It is my understanding that the ITC ultimately found
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`claims 12 and 16 of the ‘172 Patent to be both valid and infringed by ANM
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`(specifically, the Gen 3 V1 and Gen 3 V2 products identified below) and Sizewise
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`(specifically, the Platinum 5000/6000 products identified below).
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`10. Additionally, I was retained by Sleep Number to conduct inspections
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`and analyses of products in Sleep Number’s possession and inspections and analyses
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`of products in ANM’s and Sizewise’s possession (specifically, at ANM’s counsel’s
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`office in Dallas in December 2018 and Kansas City in February 2019) in the
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`underlying district court cases: Sleep Number Corporation v. American National
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`Manufacturing, Inc., No. 5:18-cv-00357AB(SPx) (C.D. Cal. 2018) and Sleep
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`Number Corporation v. Sizewise Rentals, LLC, No. 5:18-cv-00356AB(SPx) (C.D.
`
`Cal.) (“District Court Cases”).
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`3
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`Sleep Number Corp.
`EXHIBIT 2041
`IPR2019-00514
`Page 4
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`11. My inspection of ANM’s air controllers included an analysis of the
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`mechanical structure of these air controllers in comparison to the claims of the
`
`Patents-at-Issue and to Sleep Number’s products. I understand that while ANM
`
`refers to its air controllers using different identifiers, Sleep Number referred to them
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`in its Contentions as the Gen 3 Arco, Gen 3 Koge, and Gen X air controllers. I use
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`Sleep Number’s identifiers herein for ease of reference. However, my analysis
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`herein focuses on the Gen 3 Arco and Gen 3 Koge which, as explained below, I
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`believe are similar to, and copies of, Sleep Number’s air controllers sold leading up
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`to and during the same time period.
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`12. My inspection of Sizewise’s air controllers included an analysis of the
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`mechanical structure of these air controllers in comparison to the claims of the
`
`Patents-at-Issue and to Sleep Number’s products. I understand Sizewise claims to
`
`only sell a Platinum 6000 air controller, but I also understand from the ITC
`
`Proceeding that ANM imports the Platinum 5000 air controller and sells it to a
`
`company called Direct Supply. I understand based upon prior inspection that the
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`Platinum 5000 and Platinum 6000 are substantially similar, and I understand Sleep
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`Number thus accused the Platinum 5000 and Platinum 6000 air controller together
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`in its Contentions. I use Sleep Number’s identifier of Platinum 5000/6000 herein
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`for ease of reference.
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`4
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`Sleep Number Corp.
`EXHIBIT 2041
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`13.
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`It is my understanding that, in the District Court Cases, Sleep Number
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`has accused various models of ANM’s and Sizewise’s consumer and medical air bed
`
`products sold with the air controllers identified above of infringing the Patents-at-
`
`Issue. It is my understanding that ANM petitioned the United States Patent and
`
`Trademark Office for IPR on each of the Patents-at-Issue. It is also my
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`understanding that an IPR has been instituted on each patent.
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`14.
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`I understand that the ‘172 Patent expired in July 2017. As a result, all
`
`of my statements in this Declaration relate to the time period during the life, and pre-
`
`dating the expiration of, the ‘172 Patent.
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`15.
`
`I have also reviewed redacted versions of the infringement contentions
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`and claim charts with respect the Patents-at-Issue that Sleep Number submitted in
`
`the District Court Cases on January 25, 2019. I understand that the redacted portions
`
`contain reference to source code line numbers and variable and method names, but
`
`I understand those references have been redacted and are not being provided to the
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`Board at this time.
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`16.
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`In my declaration, I rely on: Sleep Number’s Amended Disclosure of
`
`Asserted Claims and Infringement Contentions against ANM, which is Exhibit
`
`2070; Sleep Number’s Amended Disclosure of Asserted Claims and Infringement
`
`Contentions against Sizewise, which is Exhibit 2071; the ‘172 Patent claim chart
`
`against ANM, which is Exhibit 2072; the ‘172 Patent claim chart against Sizewise,
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`5
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`Sleep Number Corp.
`EXHIBIT 2041
`IPR2019-00514
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`which is Exhibit 2073; the ‘154 Patent claim chart against ANM, which is Exhibit
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`2074; and the ‘747 Patent claim chart against ANM, which is Exhibit 2075
`
`(collectively herein “Contentions”). I incorporate these Contentions by reference. I
`
`do not make any opinions as to infringement in this declaration, as I understand
`
`infringement is not at issue in this IPR proceeding.
`
`17.
`
`I have also inspected Sleep Number historical air controllers that I
`
`understand Sleep Number located and provided for inspection to ANM’s counsel in
`
`the District Court Cases. I understand that Sleep Number has disclosed in its
`
`Contentions which air controllers sold with its consumer air mattress systems
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`practice the claims of the Patents-at-Issue.
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`18.
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`I have also inspected approximately two dozen other air controllers for
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`adjustable air bed systems, which were sold by other competitors of Sleep Number.
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`19.
`
`I have also reviewed a document produced by ANM in the District
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`Court Cases with the bates number ANMI00133414–22, which I understand is
`
`Exhibit 2077, and a document produced by Sleep Number in the District Court Cases
`
`with a bates number SN_0021013–33, which I understand is Exhibit 2079.
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`Sleep Number’s Air Controllers
`
`20.
`
`I have personally inspected a number of Sleep Number air mattress
`
`systems and air controllers. I have also reviewed a pump history timeline (Exhibit
`
`2079) that Sleep Number produced in the District Court Cases. I understand from
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`6
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`Sleep Number Corp.
`EXHIBIT 2041
`IPR2019-00514
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`inspecting Sleep Number’s air controllers and reviewing Sleep Number’s
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`Contentions that, of the air controllers identified in that document, the following air
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`controllers practiced the ‘172 Patent before it expired: UFCS3 a/k/a Stealth, UFCS4
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`a/k/a Stealth, 5000/6000 a/k/a Pegasus, FCS a/k/a Corolla (including the
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`Performance FCS, Innovation FCS, & 2012/Current/Corolla Firmness Control
`
`System), Q10, ADAT, SleepIQ, and 360. I also understand from reviewing Sleep
`
`Number’s Contentions that, of the air controllers identified in Exhibit 2079, the
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`following air controllers practiced or practice the ‘154 and ‘747 Patents: FCS a/k/a
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`Corolla (including the Performance FCS, Innovation FCS, & 2012/Current/Corolla
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`Firmness Control System), Q10, ADAT, SleepIQ, and 360.
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`21.
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`I have provided exemplar images and drawings of certain of these air
`
`controllers that I understand Sleep Number has sold from 2004 to the present below.
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`Note that the pressure sensor port or tap is located on the enclosure in each product.
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`7
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`Sleep Number Corp.
`EXHIBIT 2041
`IPR2019-00514
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`a.
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`Sleep Number 5000 Air Controller.
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`Pressure Sensor Tap on
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`Enclosure/Manifold of Valve
`Enclosure Assembly
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`(Images of 5000 manufactured August 2, 2006 per label)
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`8
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`Sleep Number Corp.
`EXHIBIT 2041
`IPR2019-00514
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`Pressure Sensor Tap on
`Enclosure/Manifold of Valve
`Enclosure Assembly
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`(Drawing of 5000 from 2007 – Exhibit 2080)
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`
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`9
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`Sleep Number Corp.
`EXHIBIT 2041
`IPR2019-00514
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`b.
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`Sleep Number Corolla Air Controller.
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`
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`Pressure Sensor Tap on
`Enclosure/Manifold of Valve
`Enclosure Assembly
`
`
`(Images of Corolla manufactured July 28, 2008 per label)
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`10
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`(Drawings of Corolla from 2008 – Exhibit 2081)
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`11
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`Sleep Number Corp.
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`c.
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`Sleep Number Corolla Air Controller.
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`
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`Pressure Sensor Tap on
`Enclosure/Manifold of Valve
`Enclosure Assembly, which is
`connected to the tubing shown
`through a hole punched in the printed
`circuit board
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`
`
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`
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`(Images of Corolla manufactured December 31, 2012 per label)
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`12
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`Sleep Number Corp.
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`IPR2019-00514
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`Pressure Sensor Tap on
`Enclosure/Manifold of Valve
`Enclosure Assembly
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`(Drawing of Corolla from 2013 – Exhibit 2082)
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`13
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`Sleep Number Corp.
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`IPR2019-00514
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`d.
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`Sleep Number ADAT Controller.
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`Pressure Sensor Tap on
`Enclosure/Manifold of
`Valve Enclosure
`Assembly, which is
`connected to the tubing
`shown through a hole
`punched in the printed
`circuit board
`
`
`
`
`
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`(Images of ADAT manufactured September 18, 2013 per label)
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`
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`(Drawing of ADAT used in ITC Proceeding – see also Exhibit 2083)
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`14
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`22. Based upon my physical review of the air controllers identified above,
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`my review of the drawings included above, and the Declaration of Paul Mahoney
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`(which I understand is Exhibit 2056), I understand that the internal aspects of the
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`enclosure/manifold of the valve enclosure assembly included in these air controllers
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`was substantially the same, i.e., that it did not change over time in its internal
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`mechanical structure, throughout this time period. I also understand from reviewing
`
`the Declaration of George Edwards (which I understand is Exhibit 2054) that Sleep
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`Number’s air controllers use a “Target system” source code/software.
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`23. For exemplar purposes, I have referenced a claim chart of the ‘172
`
`Patent against Sleep Number’s ADAT air controller, which is Exhibit 2042.
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`24. Based upon my analysis, and as described below, I believe that ANM
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`sold air controllers in the time frame 2012 onward that were substantially similar to
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`Sleep Number’s Pegasus air controller, which I understand was sold from 2004 to
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`2008, and to Sleep Number’s Corolla air controller, which I understand was sold
`
`from 2008 onward.
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`ANM’s Air Controllers
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`25. As mentioned above, I have reviewed Exhibit 2077, which I understand
`
`shows the approximate time frames that ANM sold certain air controllers with its
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`products. Looking at Exhibit 2077, I can see:
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`15
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`Sleep Number Corp.
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`• that ANM sold the Gen 1 Blower air controller from January 1998 to
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`December 2003;
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`• that ANM sold the Gen 1 Pump air controller from April 2001 to December
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`2003;
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`• that ANM sold the Gen 2 V1 air controller from December 2003 to
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`approximately the end of 2004;
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`• that ANM sold the Gen 2 V2 air controller (which Sleep Number refers to as
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`the Gen X) from the start of 2004 through the end of 2006;
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`• that ANM sold the Gen 2 V3 air controller (which Sleep Number refers to as
`
`the Gen X) from the start of 2006 through the end of 2012;
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`• that ANM sold the Gen 2 V4 air controller (which Sleep Number refers to as
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`the Gen 3 Arco) from August 2012 through approximately December 2014;
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`• that ANM sold the Gen 3 V1 air controller (which Sleep Number also refers
`
`to as the Gen 3 Arco) from June 25, 2014 to August 2016; and
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`• that ANM sold the Gen 3 V2 air controller (which Sleep Number refers to as
`
`the Gen 3 Koge) from August 2016 onward.
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`(See Ex. 2077.)
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`26. ANM’s pumps changed considerably over time. First, ANM’s Gen 1
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`Blower air controller and Gen 1 pump air controller did not include software or
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`pressure transducers. (See Ex. 2077 at ANMI00133415–16 (air controllers had “on
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`demand controller that had no memory settings or pressure sensors”).)
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`27. Next, ANM introduced basic software and the ability to sense the
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`pressure. ANM’s Gen 2 V1 air controller, Gen 2 V2 air controller, and Gen 2 V3
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`air controllers were all “direct drive controllers” meaning the user would have to
`
`press and hold the inflate button to inflate the air bladder and press and hold the
`
`deflate button to deflate the bladder. (See id. at ANMI00133416–19.) That is, the
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`pressure would change “the entire time the [] button was held down” but would not
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`otherwise make pressure adjustments. (Id.) These air controllers did not include or
`
`use a “target pressure.” (Compare id. at ANMI00133416–19 with id. at
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`ANMI00133420–22.) Thus, the air controllers did not work with a remote control
`
`whereby the user could select a desire pressure setting that corresponds to a target
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`pressure and have the air controller achieve that target pressure. (Compare id. at
`
`ANMI00133416–19 with id. at ANMI00133420–22.) In addition, these air
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`controllers did not sense pressure from a port on the enclosure/manifold of the valve
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`enclosure assembly. Rather, the Gen 2 V1 air controller used a Y-branch piece of
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`tubing positioned between the manifold and the front of the air controller (id. at
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`ANMI00133417) and the Gen 2 V2 and V3 air controllers sensed pressure from a
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`port on a molded insert positioned between the manifold and the chambers (id. at
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`ANMI00133418–19). Then, starting in 2012, ANM began to use a “Target system”
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`17
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`software and to sense pressure from a port on the enclosure/manifold of the valve
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`enclosure assembly. (Id. at ANMI00133420–22.) Specifically, the Gen 2 V4 air
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`controller, Gen 3 V1 air controller, and Gen 3 V2 air controller all use or used a
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`“Target system” software. (Id.) Using such software, the air controllers worked
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`with a remote control whereby the user could select a desired pressure setting that
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`corresponds to a target pressure and have the air controller achieve that target
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`pressure without any additional input from the user. (Id.) With the Gen 2 V4 air
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`controller, ANM also “had new pressure sensor taps added to the front of the
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`manifold.” (See id. at ANMI00133420.) As seen below, ANM included the pressure
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`sensor taps on the enclosure/manifold in both the Gen 3 V1 and Gen 3 V2 air
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`controllers as well. Additionally, I understand that the Gen 3 V1 air controller
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`utilized the same Arco/Rimco manifold as the Gen 2 V4 air controller (but, as
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`discussed below, the Gen 3 V1 air controller incorporated Sleep Number’s source
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`code technology and thus implemented a new improved “Target system”) and that
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`the Gen 3 V2 air controller utilized a new Koge manifold. I have included images of
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`the outside and inside of these air controllers and their remote controls from Exhibit
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`2077 at ANMI00133420–22 below, showing that they are substantially the same:
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`18
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`Pressure Sensor Tap on
`Enclosure/Manifold of Valve
`Enclosure Assembly
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`Pressure Sensor Tap on
`Enclosure/Manifold of Valve
`Enclosure Assembly
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`(Gen 2 V4 / Arco)
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`(Gen 3 V1 / Arco)
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`19
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`Pressure Sensor Tap on
`Enclosure/Manifold of Valve
`Enclosure Assembly
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`(Gen 3 V2 / Koge)
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`‘154 and ‘747 Patents Against ANM’s Products
`
`
`
`28.
`
`I have reviewed the Declaration of George Edwards that I understand
`
`is being submitted by Sleep Number contemporaneously with this declaration as
`
`Exhibit 2054. I understand that Dr. Edwards opines that certain versions of ANM’s
`
`source code reads on the non-mechanical method-related and system-related
`
`elements of the ‘154 and ‘747 Patents. I rely upon that opinion, and do not provide
`
`my own opinion on source code in this declaration.
`
`29.
`
`It is my opinion based upon the inspections I have conducted that
`
`ANM’s products sold with Gen 3 Arco and Gen 3 Koge air controllers read on the
`
`claimed mechanical-related elements of (i.e. structural components of) the ‘154 and
`
`‘747 Patents. For example, it is my opinion that ANM’s products sold with the Gen
`
`20
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`3 Arco and Gen 3 Koge air controllers include an air bed with an adjustable air
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`chamber connected via a tube to an enclosure/manifold of the valve enclosure
`
`assembly, which includes at least one valve and which is also connected to a pump.
`
`The products also include a pressure transducer connected to a port on the
`
`enclosure/manifold of the valve enclosure assembly, which allows for the sensing of
`
`pressure during pressure adjustments and for the determining of an actual pressure
`
`within the air chamber. These products also include at least one input device, e.g.,
`
`a remote, and a control device having at least one printed circuit board with a
`
`processor on it, which allows for the control logic necessary to implement the
`
`required methods or functions identified in the claims.
`
`30.
`
`It is also my opinion that the Contentions accurately explain how
`
`ANM’s products read on the ‘154 and ‘747 Patents.
`
`31. Therefore, based upon my review of the ‘154 and ‘747 Patents’ claims,
`
`the Declaration of George Edwards (and discussions with Dr. Edwards), and ANM’s
`
`products, it is my opinion that ANM’s products sold with Gen 3 Arco and Gen 3
`
`Koge air controllers each practice every element of the claims of the ‘154 and ‘747
`
`Patent that are disclosed in Sleep Number’s Contentions.
`
`32.
`
`It is also my opinion based upon inspecting Sleep Number’s air mattress
`
`systems and air controllers that ANM’s air mattress systems and air controllers are
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`21
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`Sleep Number Corp.
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`similar to, and copy, Sleep Number’s. A more thorough comparison of the
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`mechanical similarities is included below with respect to the ‘172 Patent.
`
`‘172 Patent Against ANM
`
`33.
`
`I have reviewed the Declaration of George Edwards that I understand
`
`is being submitted by Sleep Number contemporaneously with this declaration as
`
`Exhibit 2054. I understand that Dr. Edwards opines that ANM’s source code
`
`provides further evidence of similarity to, and copying of, Sleep Number’s products
`
`that practice the ‘172 Patent. I rely upon that opinion, and do not provide my own
`
`opinion on source code in this declaration.
`
`34.
`
`It is my opinion based upon the inspections that I have conducted that
`
`ANM’s products sold with Gen 3 Arco and Gen 3 Koge air controllers read on the
`
`mechanical or structurally related claimed elements of the ‘172 Patent. For ANM,
`
`this includes the products it sells to retailer Dires with Personal Comfort Bed
`
`branding, which is mentioned in the Contentions and which I opined on in the ITC
`
`Proceeding. I understand ANM manufactures its air controllers branded as Personal
`
`Comfort Bed air controllers and that they are functionally the same as ANM’s Instant
`
`Comfort air controllers.
`
`35.
`
`It is also my opinion that the Contentions (Exhibit 2072) accurately
`
`explain how ANM’s products read on the ‘172 Patent. I have included an annotated
`
`22
`
`Sleep Number Corp.
`EXHIBIT 2041
`IPR2019-00514
`Page 23
`
`
`
`
`
`image of these products from the Contentions below, followed by an annotated
`
`image of Sleep Number’s ADAT air controller:
`
`(Gen3 V1 / Arco)
`
`
`
`23
`
`Sleep Number Corp.
`EXHIBIT 2041
`IPR2019-00514
`Page 24
`
`
`
`
`
`(Gen 3 V2 / Koge)
`
`
`
`24
`
`Sleep Number Corp.
`EXHIBIT 2041
`IPR2019-00514
`Page 25
`
`
`
`
`
`(ADAT)
`
`
`
`36. Therefore, based upon my review of the ‘172 Patent’s claims, the
`
`Declaration of George Edwards (and discussions with Dr. Edwards), and ANM’s
`
`products, it is my opinion that ANM’s products sold with Gen 3 Arco and Gen 3
`
`Koge air controllers each practice every element of the claims of the ‘172 Patent that
`
`are disclosed in Sleep Number’s Contentions. This opinion is further supported by
`
`the ITC’s findings that these products infringed at least claims 12 and 16 of the ‘172
`
`Patent.
`
`37.
`
`It is also my opinion based upon inspecting Sleep Number’s air mattress
`
`systems and air controllers that ANM’s air mattress systems and air controllers are
`
`25
`
`Sleep Number Corp.
`EXHIBIT 2041
`IPR2019-00514
`Page 26
`
`
`
`
`
`similar to, and thus copy, Sleep Number’s. Both party’s air mattress systems sold
`
`since 2012 include an adjustable air mattress, hoses connecting the air bladders to
`
`an air controller, and an air controller consisting of a generally rectangular housing,
`
`with key
`
`internal components: a valve enclosure assembly having an
`
`enclosure/manifold that includes a substantially fluidly sealed air chamber at least
`
`partially created using a flexible seal compressively interposed between an enclosure
`
`portion and a rear cover portion of the enclosure; a port fluidly coupled to (and on)
`
`the enclosure/manifold of the valve enclosure assembly that is connected to a
`
`pressure sensor by a tube; two or more solenoids that are configured to actuate two
`
`or more valves, which are located at least partially within the enclosure/manifold
`
`and are in fluid communication with the air chamber and an air bladder of the
`
`adjustable air mattress; a processor operably connected to a printed circuit board;
`
`and pump for air movement that connects to the air chamber through an air inlet.
`
`ANM’s Change in Air Controllers
`
`38. As mentioned above, based upon reviewing Exhibit 2077 at
`
`ANMI00133414, I have learned the dates for when ANM sold its Gen 2 V4 air
`
`controller (August 2012 to December 2014), its Gen 3 V1 air controller (June 25,
`
`2014 to August 2016), and its Gen 3 V2 air controller (August 2016 onward).
`
`39. Each of these air controllers includes a valve enclosure assembly with
`
`an enclosure/manifold and pressure monitor means, including a port on the
`
`26
`
`Sleep Number Corp.
`EXHIBIT 2041
`IPR2019-00514
`Page 27
`
`
`
`
`
`enclosure/manifold of the valve enclosure assembly. This is similar to Sleep
`
`Number’s air controllers that were sold leading up to and during the same time
`
`period. In addition, each of these air controllers that included Versions 1.8, 1.97, or
`
`2.0 source code included a “Target system” source code, and I understand from Dr.
`
`Edwards that those versions of source code are similar to the source code in Sleep
`
`Number’s air controllers leading up to and during the same time period. More
`
`specifically, I understand that the Gen 3 V1 air controller utilized the same
`
`enclosure/manifold as the prior air controller but began to incorporate Sleep
`
`Number’s source code technology through implementation of Version 1.8.
`
`Therefore, ANM began to utilize a new improved “Target system” in mid-2014.
`
`40. However, prior to selling the Gen 3 Arco, I can see from Exhibit 2077
`
`at ANMI00133414 that ANM sold its Gen 2 V2 and Gen 2 V3 air controllers (which
`
`Sleep Number refers to as the Gen X) from approximately early 2004 through the
`
`end of 2012. As also discussed above, based upon my review, those controllers did
`
`not include a port on the enclosure/manifold of the valve enclosure assembly. In
`
`addition, based upon what I can see from Exhibit 2077, these controllers did not
`
`include “Target system” software. Therefore, it is my opinion that ANM modified
`
`its air controllers in the middle of 2012 to be more similar to Sleep Number’s air
`
`controllers. Thus, these air controllers are similar to what Sleep Number was selling
`
`leading up to and during 2012 that also read on the ‘172 Patent’s claims. For
`
`27
`
`Sleep Number Corp.
`EXHIBIT 2041
`IPR2019-00514
`Page 28
`
`
`
`
`
`example, as seen in Exhibit 2072 and in the photographs above, ANM modified its
`
`air controllers to include a port on the enclosure/manifold of the valve enclosure
`
`assembly.
`
`41. Additionally, it is also my opinion that, in August 2016, during the ITC
`
`Proceeding, ANM introduced the Gen 3 V2 air controller, which again included a
`
`valve enclosure assembly with an enclosure/manifold and with pressure monitor
`
`means, including a port fluidly coupled to (and on) the enclosure/manifold of the
`
`valve enclosure assembly. This was again similar to what Sleep Number was selling
`
`leading up and during 2016 and reads on the ‘172 Patent’s claims.
`
`‘172 Patent Against Sizewise
`
`42.
`
`I have reviewed the Contentions related to the ‘172 Patent against
`
`Sizewise (Exhibit 2073).
`
`43.
`
`It is my opinion based upon the inspections I have conducted that
`
`Sizewise’s products sold with Platinum 5000/6000 air controllers read on the
`
`claimed elements of the ‘172 Patent.
`
`44.
`
`It is also my opinion that the Contentions (Exhibit 2073) accurately
`
`explain how Sizewise’s products read on the ‘172 Patent. I have provided an
`
`annotated image of Sizewise’s air controller from the Contentions below, followed
`
`by an annotated image of Sleep Number’s ADAT air controller:
`
`28
`
`Sleep Number Corp.
`EXHIBIT 2041
`IPR2019-00514
`Page 29
`
`
`
`
`
`(Platinum 5000/6000)
`
`
`
`
`
`(ADAT)
`
`29
`
`Sleep Number Corp.
`EXHIBIT 2041
`IPR2019-00514
`Page 30
`
`
`
`
`
`45. Therefore, based upon my review of the ‘172 Patent’s claims, the
`
`Declaration of George Edwards (and discussion with Dr. Edwards), and Sizewise’s
`
`products, it is my opinion that Sizewise’s products sold with Platinum 5000/6000 air
`
`controllers each practice every element of the claims of the ‘172 Patent that are
`
`disclosed in Sleep Number’s Contentions. This opinion is further supported by the
`
`ITC’s findings that these products infringed at least claims 12 and 16 of the ‘172
`
`Patent.
`
`46.
`
`It is also my opinion based upon inspecting Sleep Number’s air mattress
`
`systems and air controllers that Sizewise’s air mattress systems and air controllers
`
`are similar to, and copy, Sleep Number’s. Both party’s air mattress systems sold
`
`since 2012 include an adjustable air mattress, hoses connecting the air bladders to
`
`an air controller, and an air controller consisting of a generally rectangular housing,
`
`with key
`
`internal components: a valve enclosure assembly having an
`
`enclosure/manifold that includes a substantially fluidly sealed air chamber at least
`
`partially created using a flexible seal compressively interposed between an enclosure
`
`portion and a rear cover portion of the enclosure; a port fluidly coupled to (and on)
`
`the enclosure/manifold of the valve enclosure assembly connected to a pressure
`
`sensor by a tube; two or more solenoids that are configured to actuate two or more
`
`valves, which are located at least partially within the enclosure/manifold and are in
`
`fluid communication with the air chamber and an air bladder of the adjustable air
`
`30
`
`Sleep Number Corp.
`EXHIBIT 2041
`IPR2019-00514
`Page 31
`
`
`
`
`
`mattress; a processor operably connected to a printed circuit board; and a pump for
`
`air movement that connects to the air chamber through an air inlet.
`
`‘172 Patent Against Other Competitor Products
`
`47. Additionally, in October 2018, I personally inspected (and assigned
`
`numbers for ease of reference to) approximately two dozen other air controllers for
`
`adjustable air bed systems, which were sold by other competitors of Sleep Number,
`
`for the purpose of determining whether any read on at least one claim of the ‘172
`
`Patent. I understand that ANM’s and Sizewise’s counsel and experts were also
`
`permitted to inspect these competitor air controllers in the District Court Cases in
`
`October–November 2018. I understand from personnel at Sleep Number that Sleep
`
`Number purchased these commercially-available competitor pumps, usually as a full
`
`mattress system including the air bladders.
`
`48. Based upon my inspection, I believe adjustable air beds sold with each
`
`of the competitor air controllers described below read on at least one claim of the
`
`‘172 Patent assuming the sale occurred during the lifetime of the ‘172 Patent. I
`
`prepared claim charts, with exemplar images, for these products with my explanation
`
`as to how they read on either or both of claims 12 and 16 of the ‘172 Patent, which
`
`I have attached as Exhibits 2043–2053. Again, although in present tense, my
`
`conclusions only relate to the time period during the life of the ‘172 Patent.
`
`31
`
`Sleep Number Corp.
`EXHIBIT 2041
`IPR2019-00514
`Page 32
`
`
`
`
`
`a.
`
`Dires (#20) – Exhibit 2043: I have examined an air controller
`
`with the brand name Personal Comfort Bed on the outside of the controller, which I
`
`concluded practices the ‘172 Patent. As discussed above, this is the same as an ANM
`
`air controller. Exemplar images are below. I also reviewed the following website
`
`demonstrating
`
`that
`
`this
`
`company
`
`sells
`
`adjustable
`
`air
`
`beds:
`
`https://www.personalcomfortbed.com. For my copying analysis, see the claim chart
`
`Exhibit 2043 with annotated images I took of this air controller.
`
`
`
`
`
`b.
`
`REST (#21) – Exhibit 2044: I examined an controller without a
`
`brand name on the outside of the controller but which I understand to be an Elements
`
`of Rest, Inc./Responsive Surface Technology LLC controller, which I concluded
`
`practices the ‘172 Patent. Exemplar images are below. I also reviewed the following
`
`website demonstrating
`
`that
`
`this
`
`company
`
`sells
`
`adjustable
`
`air beds:
`
`https://www.restperformance.com. For my copying analysis, see the claim ch
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