`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`AMERICAN NATIONAL MANUFACTURING INC.,
`Petitioner,
`
`V.
`
`SELECT COMFORT CORPORATION,
`Patent Owner.
`
`Case No. IPR2019—00514
`
`Patent No. 5,904,172
`
`DECLARATION OF ROBERT NUNN
`
`IN SUPPORT OF PATENT OWNER’S RESPONSE
`
`Sleep Number Corp.
`EXHIBIT 2057
`|PR2019-00514
`
`Page 1
`
`Sleep Number Corp.
`EXHIBIT 2057
`IPR2019-00514
`Page 1
`
`
`
`I.
`
`BACKGROUND
`
`1, Robert Nunn, declare as follows:
`
`1.
`
`I am over the age of 21 years and am fully competent to make this
`
`Declaration. I make the following statements based on personal knowledge and, if
`
`called to testify to them, could and would do so.
`
`2.
`
`I was employed at Select Comfort Corporation, now known as Sleep
`
`Number Corporation (“Sleep Number”), from April 201 1 to October 2017.
`
`I worked
`
`as an Electrical Engineer from April 2011 to March 2013, as a Senior Electrical
`
`Engineer from March 2013 to March 2017, and as a Principal Engineer from March
`
`2017 to October 2017.
`
`3.
`
`While at Sleep Number, I was heavily involved in the product research,
`
`development, and design of air control systems sold as part of the company’s
`
`adjustable air mattress systems.
`
`Sleep Number refers to those systems as its
`
`proprietary Sleep Number® beds.
`
`4.
`
`I have personal knowledge of various Sleep Number patents, including
`
`US. Patent No. 5,904,172 (“the ‘172 Patent”), US. Patent No. 9,737,154 (“the ‘154
`
`Patent”), and US. Patent No. 8,769,747 (“the ‘747 Patent”).
`
`5.
`
`I understand that the ‘ 172 Patent discloses an improved valve enclosure
`
`assembly and that it was filed in 1997. When I was employed, the ‘172 Patent was
`
`believed to be so important and valuable by Sleep Number that the company ended
`
`I
`
`Sleep Number Corp.
`EXHIBIT 2057
`|PR2019-00514
`
`Page 2
`
`Sleep Number Corp.
`EXHIBIT 2057
`IPR2019-00514
`Page 2
`
`
`
`up incorporating the ‘172 Patent
`
`technology into all of Sleep Number’s air
`
`controllers.
`
`6.
`
`I understand that the ‘154 and ‘747 Patents disclose a system and
`
`method for improved pressure adjustment and that they were filed in April 2008.
`
`I
`
`understand that these patents relate to source code technology, specifically software
`
`that solved a “hunt and peck” issue of the air controller trying to find the Sleep
`
`Number setting selected by the user of the adjustable air mattress. This invention
`
`allowed for more quickly and more accurately reaching the user’s desired pressure.
`
`We sometimes referred to the software as “learning” software because it was able to
`
`achieve faster and more accurate pressure adjustments with each iterative
`
`adjustment.
`
`7.
`
`Recognizing the importance and value of the technology, the ‘154 and
`
`‘747 Patent technology was nearly immediately incorporated into most of Sleep
`
`Number’s air controllers later in 2008 when the company launched its new FCS a/k/a
`
`Corolla air controller. In addition, by 2012-, Sleep Number had incorporated the ‘ 154
`
`and ‘747 Patent technology into all of Sleep Number’s remaining air controllers. It
`
`is my understanding that this technology continues to be present in Sleep Number’s
`
`air controllers.
`
`2
`
`Sleep Number Corp.
`EXHIBIT 2057
`|PR2019-00514
`
`Page 3
`
`Sleep Number Corp.
`EXHIBIT 2057
`IPR2019-00514
`Page 3
`
`
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`
`
`
`
`(KExecuted on M” , 2019.
`
`////
`
`f,t
`
`
`Robert Nunn
`
`3
`
`Sleep Number Corp.
`EXHIBIT 2057
`|PR2019-00514
`
`Page 4
`
`Sleep Number Corp.
`EXHIBIT 2057
`IPR2019-00514
`Page 4
`
`
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