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AMERICAN NATIONAL MFG. INC. v. SLEEP NUMBER CORP.

2021-1321, 2021-1323, 2021-1379, 2021-1382.

52 F.4th 1371 (2022)

AMERICAN NATIONAL MANUFACTURING INC., Appellant v. SLEEP NUMBER CORPORATION, fka Select Comfort Corporation, Cross-appellant Katherine K. Vidal, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: November 14, 2022.

Attorney(s) appearing for the Case

Kyle L. Elliott , Spencer Fane, LLP, Kansas City, MO, argued for appellant. Also represented by Brian T. Bear , Kevin S. Tuttle ; Andy Lester , Oklahoma City, OK.

Ruffin B. Cordell , Fish & Richardson PC, Washington, DC, argued for cross-appellant. Also represented by Robert Courtney , Mathias Wetzstein Samuel , Minneapolis, MN; Andrew S. Hansen , Elizabeth A. Patton , Lukas D. Toft , Fox Rothschild LLP, Minneapolis, MN; Steven A. Moore , Moore IP Law PC, San Diego, CA; Kecia Jannell Reynolds , Paul Hastings LLP, Washington, DC.

Sarah E. Craven , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor. Also represented by Thomas W. Krause , Farheena Yasmeen Rasheed ; Meredith Hope Schoenfeld .

Before Stoll, Schall, and Cunningham, Circuit Judges.

American National Manufacturing Inc. and Sleep Number Corp. each appeals the Patent Trial and Appeal Board's final written decisions in two inter partes reviews. The Board issued mixed decisions in those proceedings, determining that some, but not all, of the challenged claims were not unpatentable. These appeals and cross...

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