`
`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`Case No.: 16-4826
`
`
`
`JURY TRIAL DEMANDED
`
`T-REX PROPERTY AB,
`Plaintiff,
`
`v.
`CONTEXTMEDIA INC., and
`CONTEXTMEDIA HEALTH, LLC,
`
`Defendants.
`
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`Plaintiff T-Rex Property AB for its Complaint against Defendants ContextMedia, Inc.,
`and ContextMedia Health, LLC, states as follows:
`NATURE OF THE ACTION
`1.
`This is an action for patent infringement arising under the patent laws of the
`United States, 35 U.S.C. § 1 et seq., including 35 U.S.C. §§ 271, 281, 283, 284 and 285.
`PARTIES
`2.
`Plaintiff T-Rex Property AB is a company organized and existing under the laws
`of Sweden with its principal place of business at Vårvägen 6, 18274 Stocksund, Sweden.
`3.
`On information and belief, Defendant ContextMedia, Inc., is an Illinois
`corporation with an office located at 330 N. Wabash Ave., Suite 2500, Chicago, Illinois.
`4.
`On information and belief, Defendant ContextMedia Health, LLC, is a Delaware
`limited liability corporation with a principal office located at 330 N. Wabash Ave., Suite 2500,
`Chicago, Illinois. On information and belief, Defendant’s registered agent is Corporation
`Service Company, 2711 Centerville Rd, Suite 400, Wilmington, Delaware 19808.
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`JURISDICTION AND VENUE
`5.
`This Court has subject matter jurisdiction over this patent infringement action
`under 28 U.S.C. §§ 1331 and 1338(a).
`6.
`This Court has personal jurisdiction over Defendant ContextMedia, Inc., because,
`on information and belief, Defendant has systematic and continuous contacts with Illinois and
`this judicial district because Defendant has an office located in this judicial district, it regularly
`transacts business in the State of Illinois and this judicial district and it has thereby purposefully
`availed itself of the benefits and protections of the laws of the State of Illinois. Furthermore, this
`Court has personal jurisdiction over Defendant because, as described further below, Defendant
`has committed acts of patent infringement giving rise to this action within the State of Illinois
`and has thus established minimum contacts such that the exercise of personal jurisdiction over
`Defendant does not offend traditional notions of fair play and substantial justice.
`7.
`This Court has personal jurisdiction over Defendant ContextMedia Health, LLC,
`because, on information and belief, Defendant has systematic and continuous contacts with
`Illinois and this judicial district because Defendant has an office located in this judicial district, it
`regularly transacts business in the State of Illinois and this judicial district and it has thereby
`purposefully availed itself of the benefits and protections of the laws of the State of Illinois.
`Furthermore, this Court has personal jurisdiction over Defendant because, as described further
`below, Defendant has committed acts of patent infringement giving rise to this action within the
`State of Illinois and has thus established minimum contacts such that the exercise of personal
`jurisdiction over Defendant does not offend traditional notions of fair play and substantial
`justice.
`8.
`
`Venue is proper in this Judicial District under 28 U.S.C. §§ 1391 and 1400(b).
`THE PATENTS-IN-SUIT
`9.
`The allegations set forth in the foregoing paragraphs 1 through 8 are hereby re-
`alleged and incorporated herein by reference.
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`The ‘470 Patent
`10.
`On January 16, 2007, U.S. Patent Number RE39,470 (the “’470 Patent”), entitled
`“Digital Information System,” was duly and legally issued by the United States Patent and
`Trademark Office. A true and correct copy of the ’470 Patent is attached as Exhibit A to this
`Complaint.
`11.
`The ’470 Patent is a reissue of U.S. Patent Number 6,005,534, which was filed on
`July 2, 1996 and which claims priority under 35 U.S.C. § 119(e) to U.S. Provisional Patent
`Application Number 60/017,403, which was filed on May 14, 1996. The ’534 Patent also claims
`priority under 35 U.S.C. § 119(a)-(d) to foreign patent application number 9601603-5, which
`was filed on April 26, 1996 in Sweden. As “[p]riority under section 119, 365(a), 365(b), 386(a),
`or 386(b) shall not be taken into account in determining the term of a patent,” (35 U.S.C. §
`154(a)(3)), the ’470 Patent expires 20 years from July 2, 1996.
`12.
`The innovations disclosed in the ’470 Patent “relate[] to a method and apparatus
`for controlling and coordinating” electronic displays “in a digital information system for
`displaying information on at least one display device . . . said information being displayed in
`places that are accessible to and frequented by a general public.” (’470 Patent at 1:15-21.) “An
`object of the present invention is to provide a flexible system in which external information
`mediators are able to dynamically control in real time the transmission of display instructions to
`a larger public in different places” “and to enable similar or specific information to be displayed
`in places that are mutually far apart.” (Id. at 2:39-42; 2:52-54.)
`13.
`A system operating according to an embodiment of the ’470 Patent can include a
`control center with a communication interface that connects devices to create and update a
`display list in real time using control instruction fields sent from external mediators and to
`transmit and display the desired images to one or more electronic displays that can be controlled
`independently of other electronic displays. (Id. at 3:4-19; 4:42-45.) In embodiments, the control
`center can include one or more servers, workstations, and databases stored on one or more
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`physical storage devices, and can include redundancy, of both computer hardware and the
`information stored, where the devices can be connected using a network, such as a LAN (Local
`Area Network) or by using a cable-carried ISDN solution (Integrated Services Digital Network)
`or other fixed lines that have a similar capacity. (Id. at 4:57-5:16; 5:59-67; 6:41-59; 12:55-13:7.)
`In one embodiment of the devices or projectors, the projector is a large picture screen in LCD or
`LED technology or the like that includes or is connected to a computer. (Id. at 6:26-32.)
`14.
`In one embodiment of the invention, personnel operating a work station can enter
`information to be displayed from an external mediator via projector control instructions in the
`exposure list created by the server. (Id. at 8:10-26.) Operators are able to interrupt a queue in the
`server in order to update the exposure list with information generated centrally from the control
`center or with information from an external information mediator. (Id.)
`15.
`Information mediators can use an exposure program to deliver complete images
`(e.g. an image, a series of images or a video clip) for display which would not require processing
`by the control center. (Id. at 11:19-28.) These can be dynamically added to the exposure list by
`the exposure handler. (Id.) External information mediators can thus deliver a complete image for
`display (an image, a series of images or a video clip) which can be processed automatically and
`inserted into the exposure list, or an administrator can select information from an external
`mediator and process the information so that it can be inserted into the exposure list via the
`exposure handler. (Id. at 8:27-41.)
`The ‘334 Patent
`16.
`On June 3, 2008, U.S. Patent Number 7,382,334, entitled “Digital Information
`System,” was duly and legally issued by the United States Patent and Trademark Office. A true
`and correct copy of the ’334 Patent is attached as Exhibit B to this Complaint.
`17.
`The innovations described by the ’334 Patent relate to methods and arrangements
`“for controlling and coordinating” digital display devices “in a digital information system for
`displaying information on at least one display device” “wherein the information is displayed in
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`places that are accessible to and frequented by a general public.” (’334 Patent at Abstract; 1:13-
`24; 5:20-32.) The present invention is able “to provide a flexible system in which external
`information mediators are able to dynamically control in real time the transmission of display
`instructions to a larger public in different places” “and to enable similar or specific information
`to be displayed in places that are mutually far apart.” (Id. at 2:56-60; 3:5-11.)
`18.
`A system operating according to an embodiment of the ’334 Patent can include a
`control center with a communication interface that connects devices to create and update a
`display list in real time using control instruction fields sent from external mediators and to
`transmit and display the desired images to one or more electronic displays that can be controlled
`independently of other electronic displays. (Id. at 3:38-60; 5:29-30.) In embodiments, the control
`center can include one or more servers, workstations, and databases stored on one or more
`physical storage devices, and can include redundancy, of both computer hardware and the
`information stored, where the devices can be connected using a network, such as a LAN (Local
`Area Network) or by using a cable-carried ISDN solution (Integrated Services Digital Network)
`or other fixed lines that have a similar capacity. (Id. at 6:17-45; 7:17-29; 11:60-67.) In some
`embodiments, a relational database can be used to store image and video data and each electronic
`display can be assigned a unique TCP/IP (Transmission Control Protocol / Internet Protocol)
`address such that each display can be individually addressed and sent content for display. (Id. at
`14:50-15:8.)
`19.
`In one embodiment of the invention, personnel operating a work station can enter
`information to be displayed from an external mediator via projector control instructions in the
`exposure list created by the server. (Id. at 9:45-61.) Operators are able to interrupt a queue in the
`server in order to update the exposure list with information generated centrally from the control
`center or with information from an external information mediator. (Id.)
`20.
`Information mediators can use an exposure program to deliver complete images
`(e.g. an image, a series of images or a video clip) for display which would not require processing
`by the control center. (Id. at 12:12-22.) These can be dynamically added to the exposure list by
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`the exposure handler. (Id.) External information mediators can thus deliver a complete image for
`display (an image, a series of images or a video clip) which can be processed automatically and
`inserted into the exposure list, or an administrator can select information from an external
`mediator and process the information so that it can be inserted into the exposure list via the
`exposure handler. (Id. at 9:62-10:9.)
`The ‘603 Patent
`21.
`On August 6, 2002, U.S. Patent Number 6,430,603, entitled “System for Direct
`Placement of Commercial Advertising, Public Service Announcements and Other Content on
`Electronic Billboard Displays” was duly and legally issued by the United States Patent and
`Trademark Office. A true and correct copy of the ’603 Patent is attached as Exhibit C to this
`Complaint.
`22.
`The innovations described by the ’603 Patent “relate[] to systems permitting
`advertisers to target geographical regions and demographic groups with ever changing, current
`advertising content without incurring the high fixed cost of traditional single-message
`billboards.” (’603 Patent at 1:7-10.)
`23.
`A typical system can include a network that connects a central information
`processing center with a number of electronic displays. (Id. at 2:7; 2:54-56.) “The means for
`transmitting content information” from the central information processing center “to the display
`locations may take a number of forms.” (Id. at 3:31-32.) “[T]he means include: [a] High speed
`cable [b] Satellite [c] Dedicated phone [d] High speed line (e.g., ISDN) [e] Cellular or PCS [f]
`Internet [g] Radio/radio pulse transmission [h] High speed optical fiber.” (Id. at 3:35-45.)
`“[A]ny form” of network “may be utilized” depending on the system requirements “at various
`locations within the network,” which can include combinations of the examples listed. (Id. at
`3:32-33.)
`24.
`Plaintiff T-Rex Property AB is the assignee and owner of the right, title and
`interest in and to the ’470 Patent, the ‘334 Patent, and the ‘603 Patent (collectively, the “Patents-
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`In-Suit”), including the right to assert all causes of action arising under the Patents-In-Suit and
`the right to any remedies for infringement.
`BACKGROUND ON THE PRIOR ART AND THE ‘470 PATENT
`25.
`In 1994, the traditional Out-of-Home advertising industry was in need of a
`change, an evolutionary improvement. See Declaration of Mats Hylin (“Hylin Decl.”) at ¶ 8
`(attached as Exhibit D, and hereby incorporated, in its entirety, by reference herein at paragraph
`17). Mats Hylin, the first named inventor of the ’470 Patent, recognized that the “demands from
`advertisers” were not being met; what advertisers wanted was “more flexibility and speed” and
`“the possibility of changing the message” instead of “having the same advertisement [displayed]
`during the whole period.” Id. This may be because advertisers wish to avoid a stagnant message,
`or because advertisers desire campaign evaluation feedback —“the results of a first campaign are
`fundamental in order to create the next campaign.” Id. at ¶ 15. In addition to addressing these
`revenue issues, distribution efficiencies were “one of the most important areas to create higher
`margins.” Id. at ¶ 6. One method to address this was through the use of digital advertising
`copy—which could be distributed via “the internet, or any other network”—rather than incur the
`costs associated with physical distribution and display of paper or other printed advertising copy.
`Id. at ¶¶ 8-9.
`26. With respect to the ’470 Patent and claim 25 in particular, claim 25 “solves
`specific needs and problems over other technologies that existed in 1996.” Declaration of
`Zaydoon Jawadi (“Jawadi Decl.”) ¶ 22 (attached as Exhibit E, and hereby incorporated, in its
`entirety, by reference herein at paragraph 18). Such problems and shortcomings included
`“controlling and coordinating digital signage displays in concrete, specific ways beyond merely
`scheduling content to be displayed on remote screens.” Id. “Prior to the inventions disclosed in
`claim 25 . . . there was no flexible way for external information mediators . . . to dynamically
`control and coordinate, display devices located in different places.” Id. at ¶ 23. “Content from
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`external information mediators could not be directly displayed; instead, displaying such content
`required administrative processing and manual intervention to update the display systems.” Id.
`27.
`The inventions embodied in claim 25 “improved the operation of digital signage
`that existed in 1996” by “impos[ing] meaningful limitations” that “allow[ed] external
`information mediator(s) to dynamically control and coordinate display devices located in
`different places, extending the usefulness of the digital signage technology.” Id. at ¶¶ 26-27.
`“[C]laim 25 of the ’470 Patent incorporates unique, innovative, non-conventional, non-generic
`elements” that work together to improve the operation of a digital signage system. Id. at ¶ 28.
`“The functions, application, and implementations of these elements inherently and necessarily
`are rooted in and require computer technology, communication technology, and digital display
`technology in order to overcome specific problems arising in the realm of digital signage in
`1996.” Id. at ¶ 29. Importantly, “the claim goes beyond the mere concept of simply using a
`computer to perform distributed signage.” Id. “This is because computers, communication
`interfaces, and digital display devices are not ancillary or incidental additions but germane and
`integral parts of the inventions disclosed by claim 25 of the ’470 Patent.” Id. The limitations of
`claim 25 “relate to the functioning of hardware and software” that are “inextricably tied to digital
`signage computer technology, communication technology, and digital display technology” such
`that the “unique, innovative, non-conventional, non-generic” hardware and software incorporated
`in claim 25 are used to achieve these technological innovations. Id. at ¶¶ 28, 30.
`The physical combination of elements that are referenced in claim 25 represent an
`28.
`innovation over the prior art. More particularly, claim 25 references an “information mediator.”
`At the time of the invention, in about the 1995 to 1996 time frame, the term “information
`mediator,” within the context of the field of art, could have referred to “an agent between
`producer and consumer of information” where the “agent could be a software component,
`software with accompanying hardware, a system, an organization (such as advertising agency) or
`an individual.” Id. at ¶ 33. Claim 25 also references “location(s)” which at the time of the
`invention could have referred, again within the context of the field of art, to “a particular
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`physical or geographical place or position where the message or advertisement is displayed on an
`electronic display device.” Id. at ¶ 34. Taking into account the meaning of these terms, as well as
`the claim as a whole, implementation of claim 25 would require “industrial computers, servers,
`PCs, networking routers or switches, networking cables, computer graphics capabilities, display
`devices . . . database management systems as well as specialized software drivers to interface
`between mediators and system computers, to decipher control lists, to create and update exposure
`lists, and to decipher and act upon exposure lists.” Id. at ¶ 35. Such a combination of elements
`represented a significant and non-conventional innovation over the prior art which resulted in an
`improvement in the operation of digital signage. Id. at ¶ 38.
`29.
`“Furthermore, claim 25 . . . is distinct and different from the other claims of the
`’470 Patent.” Id. at ¶ 37. “In particular, claim 25 . . . is distinct and different from claim 26 of the
`’470 Patent.” Id. For example, “[c]laim 26 discloses a computerized control center,
`communication interfaces, means for generating and dynamically updating an exposure list, a
`means for displaying images and a computerized device situated at each location—limitations
`that claim 25 does not disclose.” Id.
`30.
`Claim 25 embodies an entirely new combination of special purpose and
`interconnected physical equipment to present information publicly. The inventions embodied in
`claim 25 arose in a specialized context—back in or about the 1995 to 1996 time frame—and the
`inventors came up with a specific solution, manifested in a concrete combination of devices,
`interfaces, and software, networked together with physical displays viewable by the target
`audience, to resolve particular problems.
`31. With respect to claim 26 of the ’470 Patent, the inventions embodied in claim 26
`“improved the operation of digital signage that existed in 1996” Id. at ¶ 45. “[C]laim 26 of the
`’470 Patent incorporates unique, innovative, non-conventional, non-generic elements.” Id. at ¶
`47. These elements include a “computerized control center[,] . . . means (within the
`computerized control center) for generating and dynamically updating an exposure list . . . [and]
`computerized devices” which are situated at “a plurality of locations.” Id. at ¶¶ 40, 47. The
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`computerized devices are “electronically coupled to the computerized control center” and
`include a means “for displaying images in accordance with the exposure list.” Id. at ¶ 47. The
`limitations of claim 26 “relate to both the hardware and software technology for digital signage,
`as well as to the functioning of hardware and software technology for digital signage” and are
`“manifested in a concrete combination of devices, interfaces, and software, networked together
`with physical displays viewable by the target audience.” Id. at ¶¶ 41, 49.
`32.
`The physical combination of elements that are referenced in claim 26 represent an
`innovation over the prior art. More particularly, in addition to “information mediator” and
`“location(s),” claim 26 references “communication interfaces.” At the time of the invention, in
`about the 1995 to 1996 time frame, the term communication interfaces, within the context of the
`field of art, could have referred to “electronic hardware, software, and protocols allowing
`systems (such as computers) to communicate and exchange data.” Id. at ¶ 54. Claim 26 also
`references a “computerized control center” which at the time of the invention could have
`referred, again within the context of the field of art, to “a computer or set of computers that
`control and coordinate the interaction between networked computers or equipment.” Id. at ¶ 55.
`Such a combination of elements represented a significant and non-conventional innovation over
`the prior art which resulted in an improvement in the operation of digital signage. Id. at ¶ 59.
`33.
`Claim 26 embodies an entirely new combination of special purpose and
`interconnected physical equipment to present information publicly. The inventions embodied in
`claim 26 arose in a specialized context—back in or about the 1995 to 1996 time frame—and the
`inventors came up with a specific solution, manifested in a concrete combination of devices,
`interfaces, and software, networked together with physical displays viewable by the target
`audience, to resolve particular problems in digital technology.
`BACKGROUND ON THE ‘334 PATENT
`34.
`Claim 22 the ’334 Patent “solves specific needs and problems over other
`technologies that existed in 1996.” Jawadi Decl. at ¶ 63. Such problems and shortcomings
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`included “controlling and coordinating digital signage displays in concrete, specific ways beyond
`merely scheduling content to be displayed on remote screens.” Id. More specifically, “[p]rior to
`the inventions disclosed in claim 22 . . . there was no flexible way for external information
`mediators . . . to dynamically control and coordinate, in real time, display devices located in
`different places.” Id. at ¶ 64. “Content from external information mediators could not be directly
`displayed, and particularly not in real time or in near real time; instead, displaying such content
`required administrative processing and manual intervention to update the display systems.” Id.
`35.
`The inventions embodied in claim 22 “improved the operation of digital signage
`that existed in 1996” by “impos[ing] meaningful limitations” that “allow[ed] external
`information mediator(s) to dynamically control and coordinate, in real time, display devices
`located in different places, extending the usefulness of the digital signage technology.” Id. at ¶¶
`67-68. “[C]laim 22 of the ’334 Patent incorporates unique, innovative, non-conventional, non-
`generic elements” that work together to improve the operation of a digital signage system. Id. at
`¶ 69. “The functions, application, and implementations of these elements inherently and
`necessarily are rooted in and require computer technology, communication technology, and
`digital display technology in order to overcome specific problems arising in the realm of digital
`signage in 1996.” Id. at ¶ 70. Importantly, “the claim goes beyond the mere concept of simply
`using a computer
`to perform distributed signage.” Id. “This
`is because computers,
`communication interfaces, and digital display devices are not ancillary or incidental additions but
`germane and integral parts of the inventions disclosed by claim 22 of the ’334 Patent.” Id. The
`limitations of claim 22 “relate to the functioning of hardware and software” that are “inextricably
`tied to digital signage computer technology, communication technology, and digital display
`technology” such that the “unique, innovative, non-conventional, non-generic” hardware and
`software incorporated in claim 22 are used to achieve these technological innovations. Id. at ¶¶
`69, 71.
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`36.
`The physical combination of elements that are referenced in claim 22 represent an
`innovation over the prior art. Taking into account the meaning of these elements, as well as the
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`claim as a whole, implementation of claim 22 would require “industrial computers, servers, PCs,
`networking routers or switches, networking cables, computer graphics capabilities, display
`devices . . . database management systems as well as specialized software drivers to interface
`between mediators and system computers, to decipher control lists, to create and update exposure
`lists, and to decipher and act upon exposure lists.” Id. at 74. Such a combination of elements
`represented a significant and non-conventional innovation over the prior art which resulted in an
`improvement in the operation of digital signage. Id. at ¶ 77.
`37.
`“Furthermore, claim 22 of the ’334 Patent is distinct and different from the other
`claims of the ’334 Patent as well as being distinct and different from the claims of the ’470
`Patent.” Id. at ¶ 76. “In particular, claim 22 . . . is distinct and different from claim 32 of the ’334
`Patent. Id. For example, “[c]laim 32 discloses computerized control center means (hardware
`and/or software . . .), communication interfaces (of the control center), computerized means
`(hardware and/or software . . . ) . . . and exposure handler means (hardware and/or software . . . )
`—limitations that claim 22 does not disclose.” Id.
`38.
`Claim 22 embodies an entirely new combination of special purpose and
`interconnected physical equipment to present information publicly. The inventions embodied in
`claim 22 arose in a specialized context—back in or about the 1995 to 1996 time frame—and the
`inventors came up with a specific solution, manifested in a concrete combination of devices,
`interfaces, and software, networked together with physical displays viewable by the target
`audience, to resolve particular problems.
`39.
`The inventions embodied in claim 32 also “improved the operation of digital
`signage that existed in 1996” Id. at ¶ 84. “[C]laim 32 of the ’334 Patent incorporates unique,
`innovative, non-conventional, non-generic elements.” Id. at ¶ 86. These elements include “a
`computerized control center means,” “computerized means . . . for coordinating and controlling
`electronic displays” and “exposure handler means . . . for creating and updating an exposure
`list.” Id. The limitations of claim 32 “relate to both the hardware and software technology for
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`digital signage, as well as to the functioning of hardware and software technology for digital
`signage.” Id. at ¶ 88.
`40.
`The physical combination of elements that are referenced in claim 32 represent an
`innovation over the prior art. Taking into account the meaning of these elements, as well as the
`claim as a whole, the arrangement of claim 32 would require “industrial computers, servers, PCs,
`networking routers or switches, networking cables, computer graphics capabilities, display
`devices . . . database management systems as well as specialized software drivers to interface
`between mediators and system computers, to decipher control lists, to create and update exposure
`lists, and to decipher and act upon exposure lists.” Id. at 93. “Due to the application of outdoor
`advertising, additional specialized equipment, such as special duty and/or ruggedized computers
`(which could include ruggedized media players, for example) could be necessary.” Id. Such a
`combination of elements represented a significant and non-conventional innovation over the
`prior art which resulted in an improvement in the operation of digital signage. Id. at ¶ 96.
`41.
`“Furthermore, claim 32 of the ’334 Patent . . . is distinct and different from the
`claims of the ’470 Patent.” Id. at ¶ 95.
`BACKGROUND ON THE ‘603 PATENT
`42. Claim 42 the ’603 Patent “solves specific needs and problems that existed in
`1999.” Jawadi Decl. ¶ 101. Such problems and shortcomings included “targeting geographical
`regions and demographic groups with ever changing, current advertising content in concrete,
`specific ways beyond merely scheduling content to be displayed on remote screens.” Id. More
`specifically, “the inventions disclosed in claim 42” allowed “content providers . . . to directly
`access a network of electronic displays located in various geographic locations and to directly
`send their own content—which could be formatted for the use of a split screen display—to the
`network to be displayed at locations and times selected by the providers.” Id. at ¶ 102.
`43.
`“Claim 42 incorporates non-conventional, non-generic hardware and software that
`imposes meaningful limitations to improve on the existing 1999 era digital signage technology.”
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`Id. “The functions, application, and implementations of these elements inherently and necessarily
`are rooted in and require computer technology, communication technology, and digital display
`technology in order to achieve specific solutions in the realm of digital signage.” Id. at ¶ 104.
`Importantly, “the claim goes beyond the mere concept of simply using a computer to perform
`distributed signage.” Id. “This because computers, communication interfaces, and digital display
`devices are not ancillary or incidental additions but germane and integral parts of the inventions
`disclosed by claim 42 of the ’603 Patent. Id. The limitations of claim 42 “relate to both the
`hardware and software technology for digital signage, as well as to the functioning of hardware
`and software technology for digital signage” that are “inextricably tied to digital signage
`computer technology, communication technology, and digital display technology” such that the
`“unique, innovative, non-conventional, non-generic” hardware and software incorporated in
`claim 42 are used to achieve these technological innovations. Id. at ¶¶ 103, 105.
`44.
`“Furthermore, claim 42 of the ’603 Patent is distinct and different from the claims
`of the ’334 Patent and it is distinct and different from the claims of the ’470 Patent. Id. at ¶ 108.
`45.
`Claim 42 embodies a new combination of special purpose and interconnected
`physical equipment to present information publicly. The inventions embodied in claim 42 arose
`in a specialized context—in or about the 1998 to 1999 time frame—and the inventors came up
`with a specific solution, manifested in a concrete combination of devices, interfaces, and
`software, networked together with physical displays viewable by the target audience, to resolve
`particular problems.
`46.
`The inventions embodied in claim 42 “improve upon existing digital signage.” Id.
`at ¶ 110. Claim 42 includes a “combination of interconnected hardware and software elements
`that are incorporated within the limitations of claim 42—and that claim 42 as a whole—improves
`upon existing digital signage hardware.” Id.
`
`14
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`
`
`Case: 1:16-cv-04826 Document #: 1 Filed: 04/29/16 Page 15 of 20 PageID #:15
`
`COUNT I – INFRINGEMENT OF U.S. Patent No. RE39,470
`47.
`The allegations set forth in the foregoing paragraphs 1 through 46 are hereby re-
`alleged and incorporated herein by reference.
`48.
`Upon information and belief, in violation of 35 U.S.C. § 271(a), Defendants have
`directly infringed and continue to directly infringe, literally or under the doctrine of equivalents,
`one or more claims of the