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LG Electronics, Inc. v. Constellation Designs, LLC

Docket IPR2023-00228, Patent Trial and Appeal Board (Dec. 8, 2022)
Brent Dougal, Michael Cygan, Miriam Quinn, presiding
Case TypeInter Partes Review
Patent
10693700
Patent Owner Constellation Designs, LLC
Petitioner LG Electronics, Inc.
Assignee CONSTELLATION DESIGNS, INC.
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LG Electronics, Inc. v. Constellation Designs, LLC

Docket IPR2023-00319, Patent Trial and Appeal Board (Dec. 9, 2022)
Brent Dougal, Michael Cygan, Miriam Quinn, Scott Raevsky, presiding
Case TypeInter Partes Review
Patent
10693700
Patent Owner Constellation Designs, LLC
Petitioner LG Electronics, Inc.
Assignee CONSTELLATION DESIGNS, INC.
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25 Final Written Decision original: Final Written Decision original

Document IPR2023-00319, No. 25 Final Written Decision original - Final Written Decision original (P.T.A.B. Jul. 10, 2024)
Petitioner asserts that a person of ordinary skill in the art would have had at least a Master’s degree in an academic area emphasizing electrical engineering or a similar discipline, and at least two years of experience in the field working with, teaching, or researching communication systems including the use of con- stellations in transmitting signals between devices.
As outlined below, we agree with Patent Owner that either disclosure in Barsoum “sufficiently [] convey[s] to a person of skill in the art that the patentee had possession of the claimed invention at the time of the application.” Lizardtech, 424 F.3d at 1345.
(1) Orthogonalize a PAM-8 into a QAM-64 Patent Owner argues that Barsoum provides support for the challenged claims through its teachings of optimizing a multidimensional QAM constellation.
Petitioner argues that in order to have written description support, Barsoum must include disclosure of “further optimizing multidimensional constellations after forming them from orthogonalized 1D constellations.” Pet. Sur-reply 6.
We find that the specific examples and teachings in Barsoum, as discussed above and identified by both parties, “sufficiently [] convey to a person of skill in the art that the patentee had possession of the claimed invention at the time of the application.” Lizardtech, 424 F.3d at 1345.
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24 Other Hearing transcript: Other Hearing transcript

Document IPR2023-00319, No. 24 Other Hearing transcript - Other Hearing transcript (P.T.A.B. Jul. 1, 2024)

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19 Order Other: Order Setting Oral Argument 37 CFR 4270

Document IPR2023-00319, No. 19 Order Other - Order Setting Oral Argument 37 CFR 4270 (P.T.A.B. Mar. 26, 2024)

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18 Order Other: Order Panel Change Order

Document IPR2023-00319, No. 18 Order Other - Order Panel Change Order (P.T.A.B. Mar. 12, 2024)

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12 Notice refund approved: Notice refund approved

Document IPR2023-00228, No. 12 Notice refund approved - Notice refund approved (P.T.A.B. Aug. 11, 2023)

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10 Institution Decision Deny: Institution Decision Denying Institution of Inter Partes...

Document IPR2023-00228, No. 10 Institution Decision Deny - Institution Decision Denying Institution of Inter Partes Review 35 USC § 314, 37 CFR sec 424 (P.T.A.B. Jul. 11, 2023)

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