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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`LG ELECTRONICS, INC.,
`Petitioner,
`
`v.
`
`CONSTELLATION DESIGNS, LLC,
`Patent Owner.
`
`
`Case No. IPR2023-00228
`U.S. Patent No. 10,693,700
`
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`PATENT OWNER’S LIMITED FINTIV PAPER IDENTIFYING
`RELEVANT EVIDENCE
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`Case No. IPR2023-00228
`Patent No. 10,693,700
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`
`TABLE OF EXHIBITS
`Description
`Declaration of Dr. Giuseppe Caire
`Declaration of Dr. Guillen i. Fabregas
`U. Madhow, Fundamentals of Digital Communication, Cambridge
`University Press 2008
`R.G. Gallager, Principles of Digital Communication, Cambridge
`University Press 2008
`Eroz et al., New DVB-S2X constellations for improved performance
`on the satellite channel, Int. J. Satell. Commun. Network 2016;
`34:351–360, Published online 14 September 2015 in Wiley Online
`Library (wileyonlinelibrary.com)
`RESERVED
`N.S. Login et al., Non-Uniform Constellations for ATSC 3.0, IEEE
`Transactions on Broadcasting, Vol. 62, No. 1, March 2016
`P. Gill, W. Murry, M. Wright, Practical Optimization, Emerald
`Group Publishing Limited (1982)
`RESERVED
`RESERVED
`RESERVED
`Curriculum Vitae and Publication List of Dr. Giuseppe Caire
`Curriculum Vitae and Publication List of Dr. Guillen i. Fabregas
`RESERVED
`Giuseppe Caire, Giorgio Taricco, and Ezio Biglieri, Bit-Interleaved
`Coded Modulation, IEEE Transactions of Information Theory, vol.
`44, no. 3, May 1998 (“Caire”)
`Alexander Schretz, and Chris Weck, Hierarchical modulation – the
`transmission of two independent DVB-T multiplexes on a single
`frequency, European Broadcasting Union Technical Review, April
`2003, pages 1-13.
`RESERVED
`Board's June 26, 2023 Email Authorizing Patent Owner Submission
`Of Limited Fintiv Paper
`District Court’s 05-03-2023 Third Amended Docket Control Order -
`Jury Selection set for 7-5-2023 09-00AM
`Petitioner-Defendant LGs June 28 2023 Email Identifying Final
`Election Of Invalidity Theories And Prior Art In District Court
`
`Exhibit
`2001
`2002
`2003
`
`2004
`
`2005
`
`2006
`2007
`
`2008
`
`2009
`2010
`2011
`2012
`2013
`2014
`2015
`
`2016
`
`2017
`2018
`
`2019
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`2020
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`1
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`
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`Case No. IPR2023-00228
`Patent No. 10,693,700
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`LG’s 03-14-2023 Final Election of Asserted Prior Art for District
`Court
`District Court’s 04-04-2022 Docket Control Order
`District Court’s 02-28-2023 Markman Order
`
`
`
`2021
`
`2022
`2023
`
`
`
`
`2
`
`
`
`Factor 1: Whether the court granted a stay or evidence exists that
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`Case No. IPR2023-00228
`Patent No. 10,693,700
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`•
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`one may be granted if a proceeding is instituted. See, e.g., EX2019, District
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`Court’s Third Amended Docket Control Order, at page 1 entry for July 5, 2023
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`Amended Deadline for jury selection.
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`•
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`Factor 2: Proximity of the court’s trial date to the Board’s projected
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`statutory deadline for a final written decision. See, e.g., EX2019 at page 1 entry
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`for July 5, 2023 Amended Deadline for jury selection.
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`•
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`Factor 3: Investment in the parallel proceedings. See, e.g., EX2019
`
`at pages 1-3, July 5, 2023 Amended Deadline for jury selection; EX2022, District
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`Court’s Docket Control Order of 4/4/2022, at page 3 entry for March 21, 2023
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`deadline to complete fact discovery and entry for April 25, 2023 deadline to
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`complete expert discovery; EX2023, District Court’s 2/28/2023 Markman Order.
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`•
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`Factor 4: Overlap between issues raised in the petition and in the
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`parallel proceeding. See, e.g., EX2020, Petitioner/Defendant LG’s 6/28/2023
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`email identifying final election of invalidity theories and prior art in district court,
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`at ʼ700 Patent; EX2021, LG’s Final Election of Prior Art, at 3; Paper 2 at 2.
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`•
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`Factor 5: Whether the petitioner and the defendant in the parallel
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`proceeding are the same party. See, e.g., EX2019 at 1; Paper 2 at 94.
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`•
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`Factor 6: Other circumstances that impact the Board’s exercise of
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`discretion, including the merits. See, e.g., Paper 7.
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`3
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`Dated: June 29, 2023
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`Case No. IPR2023-00228
`Patent No. 10,693,700
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`Respectfully submitted,
`
`/William A. Meunier/
`William A. Meunier (Reg. No. 41,193)
`Michael T. Renaud (Reg. No. 44,299)
`Kevin C. Amendt (Reg. No. 69,361)
`MINTZ, LEVIN, COHN, FERRIS,
`GLOVSKY AND POPEO, P.C.
`One Financial Center
`Boston, MA 02111
`Telephone: 617-542-6000
`Facsimile: 617-542-2241
`E-mails: WAMeunier@mintz.com;
`MTRenaud@mintz.com;
`KCAmendt@mintz.com
`
`
`
`
`
`
`4
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`Case No. IPR2023-00228
`Patent No. 10,693,700
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`CERTIFICATE OF SERVICE
`
`I certify that copies of Patent Owner’s Supplementary Pre-Institution Fintiv
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`Paper and accompanying Constellation Exhibits 2018 through 2023 are being
`
`served by electronic mail on the following counsel of record:
`
`Lead Counsel
`W. Karl Renner
`(Reg. No. 41,265)
`FISH & RICHARDSON P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Telephone: (202) 783-5070
`Facsimile: (877) 769-7945
`Email: IPR19688-0196IP1@fr.com
`
`
`Dated: June 29, 2023
`
`
`
`
`
`Backup Counsel
`Jeremy J. Monaldo (Reg. No. 58,680)
`Jennifer J. Huang (Reg. No. 64,297)
`Usman Khan (Reg. No. 70,439)
`FISH & RICHARDSON P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Telephone: (202) 783-5070
`Facsimile: (877) 769-7945
`Email: PTABInbound@fr.com
`
`/William A. Meunier/
`William A. Meunier (Reg. No. 41,193)
`
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`502053657v.1
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`5
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