From:
`To:
`Cc:
`
`Subject:
`Date:
`Attachments:
`
`Toft, Lukas
`Trials
`Elliott, Kyle L.; Hare, Jaspal; Allee, J. Lori; Steve Moore; k ecia; Tuttle, Kevin; Hansen, Andrew S.; Nath, Archana;
`Patton, Elizabeth A.; Nicole Cunningham; Engle, Devonia S.; Scott, Kris K.
`RE: ANM v. Sleep Number Corporation, IPR2019-00514 – Request for Initial Conference Call
`Tuesday, September 3, 2019 4:51:57 PM
`101934263_1_Proposed Discovery Requests IPR2019-00514-C1.PDF
`101934397_1_Proposed Discovery Requests IPR2019-00497, -00500-C1.PDF
`
`Dear Board and Petitioner,
`
`Pursuant to the Board’s request, Patent Owner Sleep Number Corporation hereby provides the
`attached proposed discovery requests in advance of the parties September 5, 2019 initial
`conference call.
`
`Best Regards,
`Luke
`
`Luke Toft
`Fox Rothschild LLP
`(612) 607-7336
`ltoft@foxrothschild.com
`
`From: Trials <Trials@USPTO.GOV>
`Sent: Tuesday, September 3, 2019 9:13 AM
`To: Tuttle, Kevin <ktuttle@spencerfane.com>; Trials <Trials@USPTO.GOV>
`Cc: Elliott, Kyle L. <KElliott@spencerfane.com>; Hare, Jaspal <jhare@spencerfane.com>; Allee, J. Lori
`<JAllee@spencerfane.com>; Steve Moore <steve.moore@pillsburylaw.com>; Toft, Lukas
`<ltoft@foxrothschild.com>; k ecia <kecia.reynolds@pillsburylaw.com>
`Subject: [EXT] RE: ANM v. Sleep Number Corporation, IPR2019-00514 – Request for Initial
`Conference Call
`
`Counsel,
`
`An initial conference call for the above-identified case will be held in conjunction with the conference call
`currently scheduled for Thursday, September 5, 2019, at 11:30AM EST for related case numbers IPR2019-
`00497 and IPR2019-00500. The parties should make the same preparations for the above-identified case
`as the Board advised for the related cases. Namely, Patent Owner should provide its proposed discovery
`requests to the Board and Petitioner, by email, no later than close of business September 3, 2019. If
`specific discovery requests have not been drafted, Patent Owner will provide a detailed outline of such
`requests, including the specific financial and sales information that it intends to request. The parties
`should also be prepared to discuss a proposed briefing schedule in the event the Board authorizes Patent
`Owner to file a motion for additional discovery.
`
`Regards,
`
`Andrew Kellogg,
`Supervisory Paralegal
`Patent Trial and Appeal Board
`
`IPR2019-00500, -00497, -00514
`Ex. 3002
`
`

`

`USPTO
`andrew.kellogg@uspto.gov
`Direct: 571-272-5366
`
`From: Tuttle, Kevin <ktuttle@spencerfane.com>
`Sent: Friday, August 30, 2019 2:59 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Elliott, Kyle L. <KElliott@spencerfane.com>; Hare, Jaspal <jhare@spencerfane.com>; Allee, J. Lori
`<JAllee@spencerfane.com>; Steve Moore <steve.moore@pillsburylaw.com>; L Toft
`<ltoft@foxrothschild.com>; k ecia <kecia.reynolds@pillsburylaw.com>
`Subject: ANM v. Sleep Number Corporation, IPR2019-00514 – Request for Initial Conference Call
`
`Dear PTAB Trials:
`
`Petitioner American National Manufacturing, Inc. and Patent Owner Sleep Number
`Corporation request an initial conference call with the Board to discuss proposed
`changes to Due Dates 1-3, and proposed motions.
`
`Initial Conference Call
`
`The parties are available for a conference call with the Board on the date and at the
`time the Board call has been scheduled for the co-pending proceedings IPR2019-
`00497 and IPR2019-00500 involving the parties: Thursday, September 5, 2019, at
`11:30 AM EST. Additionally, the parties are available at the following dates and times
`(EST):
`
`Wednesday, September 4 from 11:00 AM to 4:00 PM;
`Thursday, September 5 from 11:00 AM to 4:00 PM.
`
`Proposed Stipulation to Due Dates 1-3
`
`The August 5, 2019 Scheduling Order (Paper 11) permits the parties to stipulate to
`different dates for DUE DATES 1-3. The parties have discussed and agreed to
`changes to DUE DATES 1-3 of the Scheduling Order in IPR2019-00514 and will
`jointly file the stipulation. The parties have stipulated to change the DUE DATES as
`follows:
`
`DUE DATE 1: from October 21, 2019 to October 23, 2019
`DUE DATE 2: from January 6, 2020 to January 15, 2020
`DUE DATE 3: from February 19, 2020 to February 26, 2020
`
`Proposed Motions
`
`

`

`
`Petitioner opposes Patent Owner’s request to file a motion for additional discovery
`related to the financial and sales information of Petitioner’s sales and products. In
`view of Patent Owner’s anticipated motion for additional discovery related to the
`financial and sales information of Petitioner’s sales and products, Petitioner
`anticipates seeking a protective order related to Patent Owners motion for additional
`discovery. To the extent the Board authorizes Patent Owner’s request to file a motion
`to extend the word count limit on Patent Owner’s Response, Petitioner seeks
`authorization to file a motion to extend the word count limit on Petitioner’s Reply to
`the Patent Owner’s Response.
`
`Patent Owner seeks authorization to file (1) a motion for additional discovery related
`to the financial and sales information of Petitioner’s sales and products and (2) a
`motion to extend the word count limit on Patent Owner’s Response.
`
`Regards,
`
`Kevin S. Tuttle Attorney at Law
`Spencer Fane LLP
`
`1000 Walnut, Suite 1400 | Kansas City, MO 64106
`O 816.292.8311 F 816.474.3216
`ktuttle@spencerfane.com | spencerfane.com
`
`
`
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