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 IPR2019-00497
`Patent 8,769,747 B2
`
`PATENT OWNER’S DISCOVERY REQUESTS
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`Sleep Number Corp.
`EXHIBIT 2016
`IPR2019-00497
`Page 1
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`

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`IPR2019-00497
`Patent 8,769,747 B2
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`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 Source Code” shall mean the source code produced
`by ANM and 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 Versions 1.8, 1.97, and 2.0.
`2.
`Code.
`
` “An Accused Source Code” shall include all of ANM’s Accused Source
`
`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 2009 to present on a monthly or quarterly
`basis, including the following: (1) an identification of inflatable air beds sold with
`ANM’s Accused Source Code, (2) an identification of
`
`Deleted: and Real Party-in-Interest Sizewise Rentals,
`LLC (“Sizewise”)
`
`Deleted: “Sizewise’s Accused Source Code” shall
`mean the source code produced by Sizewise and
`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 Source File source code.¶
`Deleted: and Sizewise’s Accused Source Code
`Deleted: and financial information
`
`2
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`Sleep Number Corp.
`EXHIBIT 2016
`IPR2019-00497
`Page 2
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`IPR2019-00497
`Patent 8,769,747 B2
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`inflatable air beds sold without ANM’s Accused Source Code, 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
`currently
`or
`previously
`listed
`on
`ANM’s
`website,
`http://www.americannationalmfg.com/medical-beds.html) from 2009 to present on
`a monthly or quarterly basis, including the following: (1) an identification of
`inflatable air beds sold with ANM’s Accused Source Code, (2) an identification of
`inflatable air beds sold without ANM’s Accused Source Code, 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 2009 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
`
`Deleted: and the revenue generated therefrom
`
`Deleted: and financial information
`
`Deleted: and the revenue generated therefrom
`
`Deleted: and financial information
`
`Deleted: or Sizwise
`
`Deleted: (1) an identification of inflatable air beds sold
`or leased with Sizewise’s Accused Source Code, (2) an
`identification of inflatable air beds sold or leased
`without Sizewise’s Accused Source Code, and (3)
`separately for the foregoing two categories, an
`identification of (by SKU or product name)
`Deleted: and the revenue generated therefrom
`
`3
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`Sleep Number Corp.
`EXHIBIT 2016
`IPR2019-00497
`Page 3
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`IPR2019-00497
`Patent 8,769,747 B2
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`sold/leased were to third-party retailers or distributors.
`Interrogatory No. 5: Please identify each SKU or product sold or leased since
`2009, , and whether each SKU or product includes An Accused Source Code.
`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 2009 to present on a monthly or
`quarterly basis, including the following: (1) an identification of inflatable air beds
`sold with ANM’s Accused Source Code, (2) an identification of inflatable air beds
`sold without ANM’s Accused Source Code, and (3) separately for the foregoing two
`categories, an identification of (by SKU or product name) and the number of units
`sold.
`
`Deleted: (including, e.g., to Dires, LLC; Elements of
`ReST, Inc./Responsive Surface Technology, LLC; and
`Advanced Sleep Technologies, LLC), and (2) the
`revenue generated therefrom
`Deleted: describe and
`Deleted: the differentiating product features, as
`between Your SKUs or products, for
`Deleted: including the size 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
`
`Deleted: and the revenue generated therefrom
`
`4
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`Sleep Number Corp.
`EXHIBIT 2016
`IPR2019-00497
`Page 4
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`Deleted: and financial information
`
`Deleted: and the revenue generated therefrom
`Deleted: and financial information
`Deleted: or Sizewise
`Deleted: (1) an identification of inflatable air beds sold
`or leased with Sizewise’s Accused Source Code, (2) an
`identification of inflatable air beds sold or leased
`without Sizewise’s Accused Source Code, and (3)
`separately for the foregoing two categories, an
`identification of (by SKU or product name)
`Deleted: and the revenue generated therefrom
`Formatted: Justified, Indent: First line: 0.5", Right:
`0.84", Space Before: 0.35 pt
`Deleted: (including, e.g., to Dires, LLC;
`Elements of ReST,¶
`
`¶¶I
`
`nc./Responsive Surface Technology, LLC; and
`Advanced Sleep Technologies, LLC), and (2) the
`revenue generated therefrom
`Deleted: the differentiating product features, as
`between Your SKUs or products,
`Deleted: including the size 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
`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: September 12
`Deleted: Luke Toft
`Deleted: Luke Toft (Reg. No.
`75,311) FOX ROTHSCHILD LLP¶
`222 South Ninth Street, Suite 2000¶
`Minneapolis, MN 55402¶
`Telephone: (612) 607-7000¶
`Facsimile: (612) 607-7100
`ltoft@foxrothschild.com¶
`Deleted: 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¶
`Facsimile: (619) 236-1995
`steve.moore@pillsburylaw.com¶
`
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`IPR2019-00497
`Patent 8,769,747 B2
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`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 2009 to present on
`a monthly or quarterly basis, including the following: (1) an identification of
`inflatable air beds sold with ANM’s Accused Source Code, (2) an identification of
`inflatable air beds sold without ANM’s Accused Source Code, 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 2009 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.
`Request No. 5: Please produce an excel spreadsheet that identifies for each
`SKU or product sold or leased since 2009, and whether each SKU or product
`includes An Accused Source Code.
`
`Dated: October XX, 2019
`
`By: /s/
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`
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`6
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`Sleep Number Corp.
`EXHIBIT 2016
`IPR2019-00497
`Page 6
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`

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`Deleted: Kecia J. Reynolds (Reg. No.
`47,021) PILLSBURY WINTHROP
`SHAW PITTMAN LLP¶
`1200 Seventeenth Street, NW
`Washington, DC 20036¶
`Telephone: (202) 663-8000¶
`Facsimile: (202) 663-8007
`kecia.reynolds@pillsburylaw.com¶
`
`¶A
`
`ttorneys for Patent Owner Sleep
`Number Corporation
`
`IPR2019-00497
`Patent 8,769,747 B2
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`7
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`Sleep Number Corp.
`EXHIBIT 2016
`IPR2019-00497
`Page 7
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