IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`CONSTELLATION DESIGNS, LLC,
`
`Plaintiff,
`
`Civil Action No. 2:21-cv-448-JRG
`
`v.
`
`JURY TRIAL REQUESTED
`
`LG ELECTRONICS INC.,
`LG ELECTRONICS U.S.A., INC., AND
`LG ELECTRONICS ALABAMA, INC.
`
`Defendants.
`
`LG’S FINAL ELECTION OF ASSERTED PRIOR ART
`
`Pursuant to the Court’s Order Focusing Patent Claims and Prior Art (Dkt. 39), Defendants
`
`LG Electronics Inc., LG Electronics U.S.A., Inc., and LG Electronics Alabama, Inc. (collectively,
`
`“LG”) hereby disclose their Final Election of Asserted Prior Art for the claims of the U.S. Patent
`
`No. 8,842,761 (the “’761 patent”), U.S. Patent No. 10,567,980 (the “’980 patent”), U.S. Patent No.
`
`10,693,700 (the “’700 patent”), U.S. Patent No. 11,019,509 (the “’509 patent”), U.S. Patent No.
`
`11,018,922 (the “’922 patent”), U.S. Patent No. 9,743,290 (the “’290 patent”), and U.S. Patent No.
`
`11,039,324 (the “’324 patent”) (collectively, the “Asserted Patents”) elected by Plaintiff
`
`Constellation Designs, LLC (“CD”) on January 4, 2023. [See Mar. 7, 2023 5:53 PM EST Email
`
`fr. B. DeFeo (“Constellation Designs v LG, 2:21-cv-448-JRG (EDTX) - Final Election of Asserted
`
`Claims”).]
`
`LG reserves the right to modify its election of asserted art, including to the extent CD
`
`modifies or amends its Infringement Contentions and/or asserted claims, subject to and in
`
`accordance with the Court’s Local Rules and any Orders issued by the Court.
`
`Constellation Exhibit 2021
`LG Electronics, Inc. v. Constellation Designs, LLC
`IPR2023-00228
`Page 1 of 7
`
`
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`CONSTELLATION DESIGNS, LLC,
`
`Plaintiff,
`
`Civil Action No. 2:21-cv-448-JRG
`
`v.
`
`JURY TRIAL REQUESTED
`
`LG ELECTRONICS INC.,
`LG ELECTRONICS U.S.A., INC., AND
`LG ELECTRONICS ALABAMA, INC.
`
`Defendants.
`
`LG’S FINAL ELECTION OF ASSERTED PRIOR ART
`
`Pursuant to the Court’s Order Focusing Patent Claims and Prior Art (Dkt. 39), Defendants
`
`LG Electronics Inc., LG Electronics U.S.A., Inc., and LG Electronics Alabama, Inc. (collectively,
`
`“LG”) hereby disclose their Final Election of Asserted Prior Art for the claims of the U.S. Patent
`
`No. 8,842,761 (the “’761 patent”), U.S. Patent No. 10,567,980 (the “’980 patent”), U.S. Patent No.
`
`10,693,700 (the “’700 patent”), U.S. Patent No. 11,019,509 (the “’509 patent”), U.S. Patent No.
`
`11,018,922 (the “’922 patent”), U.S. Patent No. 9,743,290 (the “’290 patent”), and U.S. Patent No.
`
`11,039,324 (the “’324 patent”) (collectively, the “Asserted Patents”) elected by Plaintiff
`
`Constellation Designs, LLC (“CD”) on January 4, 2023. [See Mar. 7, 2023 5:53 PM EST Email
`
`fr. B. DeFeo (“Constellation Designs v LG, 2:21-cv-448-JRG (EDTX) - Final Election of Asserted
`
`Claims”).]
`
`LG reserves the right to modify its election of asserted art, including to the extent CD
`
`modifies or amends its Infringement Contentions and/or asserted claims, subject to and in
`
`accordance with the Court’s Local Rules and any Orders issued by the Court.
`
`Constellation Exhibit 2021
`LG Electronics, Inc. v. Constellation Designs, LLC
`IPR2023-00228
`Page 1 of 7
`
`
`
`Constellation Exhibit 2021
`LG Electronics, Inc. v. Constellation Designs, LLC
`IPR2023-00228
`Page 2 of 7
`
`
`
`Constellation Exhibit 2021
`LG Electronics, Inc. v. Constellation Designs, LLC
`IPR2023-00228
`Page 3 of 7
`
`
`
` Ngo et al., A New Iterative Decoder for Turbo Codes on the Nonlinear Channel
`
`with Non-uniform 16QAM Modulation, Turbo-Coding-2006 (“Ngo 2”)
`
` ETSI EN 302 307 V1.1.2, Digital Video Broadcasting (DVB); Second generation
`
`framing structure, channel coding and modulation systems for Broadcasting,
`
`Interactive Services, News Gathering and other broadband satellite applications
`
`(“DVB S2”)
`
` U.S. Patent No. 7,173,978 to Zhang et al. (“Zhang”)
`
` Bauch et al., Turbo modulation and coding: Design and evaluation of iterative bit-
`
`interleaved coded modulation methods for wireless systems beyond 3G, Wiley
`
`InterScience (“Bauch”)
`
` Barsoum, Jones, Fitz, Constellation Design via Capacity Maximization, ISIT2007,
`
`Nice, France (“Fitz”)
`
`
`
`International Published No. WO 2014/195303 A1 to Stadelmeier et al.
`
`(“Stadelmeier”)
`
` ATSC Standard: Physical Layer Protocol, Doc. A/322:2016, dated Sept. 7, 2016
`
`(“A/322:2016”)1
`
` ATSC Recommended Practice: Guidelines for the Physical Layer Protocol, Doc.
`
`A/327:2018, dated Oct. 2, 2018 (“A/327:2018”)
`
` U.S. Patent Application Publication No. 2004/0252791 to Shen et al (“Shen ’791”)
`
`
`1 A/322:2016 is listed as a prior art reference for each of the ’290, ’922, and ’324 patents. To
`the extent CD contests the prior art status of A/322:2016 with respect to any such patent, LG
`reserves the right to rely on a substantially similar version of this document, such as “ATSC
`Proposed Standard: Physical Layer Protocol (A/322),” Doc. S32-230r46, dated May 6, 2016, see,
`e.g., CD-INC-0000445, CD-INC-0000701, or “ATSC Proposed Standard: Physical Layer Protocol
`(A/322),” Doc. S32-230r56, dated June 29, 2016, see, e.g., LGCD_00031721.
`
`4
`
`Constellation Exhibit 2021
`LG Electronics, Inc. v. Constellation Designs, LLC
`IPR2023-00228
`Page 4 of 7
`
`
`
`
`
`International Published No. WO 2009/150500 A1 (“Thomson 1”)
`
` Sommer et al., Signal Shaping by Non-Uniform QAM for AWGN Channels and
`
`Applications Using Turbo Coding (“Sommer”)
`
` Cronie, Superposition Coding for Power- and Bandwidth Efficient Communication
`
`over the Gaussian Channel, ISIT2007, Nice, France, June 24 - June 29, 2007
`
`(“Cronie 2007”)
`
` Loghin et al., Non-Uniform Constellations for ATSC 3.0, IEEE Transactions on
`
`Broadcasting, Vol. 62, No. 1, pp. 197-2003, March 2016 (“Loghin”)
`
` U.S. Patent No. 8,503,550 to Ko et al. (“Ko”)
`
`
`
`
`
`
`
`5
`
`Constellation Exhibit 2021
`LG Electronics, Inc. v. Constellation Designs, LLC
`IPR2023-00228
`Page 5 of 7
`
`
`
`Date: March 14, 2023
`
`Respectfully submitted,
`
`
`
`
`
`
`By: /s/ R. Andrew Schwentker
`Michael J. McKeon (Lead Counsel)
`D.C. Bar No. 459780
`mckeon@fr.com
`Christian A. Chu (pro hac vice to be filed)
`D.C. Bar. No. 483948
`chu@fr.com
`R. Andrew Schwentker
`D.C. Bar No. 991792
`schwentker@fr.com
`FISH & RICHARDSON P.C.
`1000 Maine Ave., S.W., Suite 1000
`Washington, D.C. 20024
`Telephone: (202) 783-5070
`Facsimile: (202) 783-2331
`
`Thomas H. Reger II
`Texas Bar No. 24032992
`reger@fr.com
`FISH & RICHARDSON P.C.
`1717 Main Street, Suite 5000
`Dallas, TX 75201
`Telephone: (214) 747-5070
`
`Elizabeth G.H. Ranks
`Massachusetts Bar No. 693679
`ranks@fr.com
`FISH & RICHARDSON P.C.
`One Marina Park Drive
`Boston, MA 02210-1878
`Telephone: (617) 542-5070
`
`Melissa Richards Smith
`GILLAM & SMITH, LLP
`303 South Washington Ave.
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`melissa@gillamsmithlaw.com
`
`Attorneys for Defendants
`LG Electronics Inc., LG Electronics U.S.A.,
`Inc., and LG Electronics Alabama, Inc.
`
`6
`
`Constellation Exhibit 2021
`LG Electronics, Inc. v. Constellation Designs, LLC
`IPR2023-00228
`Page 6 of 7
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the above and foregoing
`
`document has been served on March 14, 2023 on all counsel of record via email.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ R. Andrew Schwentker
`R. Andrew Schwentker
`
`
`
`
`
`7
`
`Constellation Exhibit 2021
`LG Electronics, Inc. v. Constellation Designs, LLC
`IPR2023-00228
`Page 7 of 7
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
