`
`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`T-REX PROPERTY AB,
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`Case No.: 1:16-cv-5673
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`
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`JURY TRIAL DEMANDED
`
`Plaintiff,
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`v.
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`HEALTH MEDIA NETWORK, LLC,
`
`
`Defendant.
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`
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`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff T-Rex Property AB for its Complaint against Defendant Health Media Network,
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`LLC, states as follows:
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`NATURE OF THE ACTION
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`1.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, 35 U.S.C. § 1 et seq., including 35 U.S.C. §§ 271, 281, 283, 284 and 285.
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`PARTIES
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`2.
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`Plaintiff T-Rex Property AB is a company organized and existing under the laws
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`of Sweden with its principal place of business at Vårvägen 6, 18274 Stocksund, Sweden.
`3.
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`On information and belief, Defendant Health Media Network, LLC, is a
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`Connecticut corporation, with a principal place of business at 1 Station Place, Stamford,
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`Connecticut 06902.
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`JURISDICTION AND VENUE
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`4.
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`This Court has subject matter jurisdiction over this patent infringement action
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`under 28 U.S.C. §§ 1331 and 1338(a).
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`5.
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`This Court has personal jurisdiction over Defendant, because, on information and
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`belief, Defendant has systematic and continuous contacts with Illinois and this judicial district
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`because Defendant regularly transacts business in the State of Illinois and this judicial district
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`and it has thereby purposefully availed itself of the benefits and protections of the laws of the
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`State of Illinois. Furthermore, this Court has personal jurisdiction over Defendant because, as
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`described further below, Defendant has committed acts of patent infringement giving rise to this
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`action within the State of Illinois and has thus established minimum contacts such that the
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`exercise of personal jurisdiction over Defendant does not offend traditional notions of fair play
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`and substantial justice.
`6.
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`Venue is proper in this Judicial District under 28 U.S.C. §§ 1391 and 1400(b).
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`THE PATENTS-IN-SUIT
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`7.
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`The allegations set forth in the foregoing paragraphs 1 through 6 are hereby re-
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`alleged and incorporated herein by reference.
`
`The ‘470 Patent
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`8.
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`On January 16, 2007, U.S. Patent Number RE39,470 (the “’470 Patent”), entitled
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`“Digital Information System,” was duly and legally issued by the United States Patent and
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`Trademark Office. A true and correct copy of the ’470 Patent is attached as Exhibit A to this
`
`Complaint.
`9.
`
`The ’470 Patent is a reissue of U.S. Patent Number 6,005,534, which was filed on
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`July 2, 1996 and which claims priority under 35 U.S.C. § 119(e) to U.S. Provisional Patent
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`Application Number 60/017,403, which was filed on May 14, 1996. The ’534 Patent also claims
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`priority under 35 U.S.C. § 119(a)-(d) to foreign patent application number 9601603-5, which
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`was filed on April 26, 1996 in Sweden. As “[p]riority under section 119, 365(a), 365(b), 386(a),
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`or 386(b) shall not be taken into account in determining the term of a patent,” (35 U.S.C. §
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`154(a)(3)), the ’470 Patent expires 20 years from July 2, 1996.
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`2
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`10.
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`The innovations disclosed in the ’470 Patent “relate[] to a method and apparatus
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`for controlling and coordinating” electronic displays “in a digital information system for
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`displaying information on at least one display device . . . said information being displayed in
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`places that are accessible to and frequented by a general public.” (’470 Patent at 1:15-21.) “An
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`object of the present invention is to provide a flexible system in which external information
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`mediators are able to dynamically control in real time the transmission of display instructions to
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`a larger public in different places” “and to enable similar or specific information to be displayed
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`in places that are mutually far apart.” (Id. at 2:39-42; 2:52-54.)
`11.
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`A system operating according to an embodiment of the ’470 Patent can include a
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`control center with a communication interface that connects devices to create and update a
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`display list in real time using control instruction fields sent from external mediators and to
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`transmit and display the desired images to one or more electronic displays that can be controlled
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`independently of other electronic displays. (Id. at 3:4-19; 4:42-45.) In embodiments, the control
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`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
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`information stored, where the devices can be connected using a network, such as a LAN (Local
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`Area Network) or by using a cable-carried ISDN solution (Integrated Services Digital Network)
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`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.)
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`In one embodiment of the devices or projectors, the projector is a large picture screen in LCD or
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`LED technology or the like that includes or is connected to a computer. (Id. at 6:26-32.)
`12.
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`In one embodiment of the invention, personnel operating a work station can enter
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`information to be displayed from an external mediator via projector control instructions in the
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`exposure list created by the server. (Id. at 8:10-26.) Operators are able to interrupt a queue in the
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`server in order to update the exposure list with information generated centrally from the control
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`center or with information from an external information mediator. (Id.)
`13.
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`Information mediators can use an exposure program to deliver complete images
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`(e.g. an image, a series of images or a video clip) for display which would not require processing
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`3
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`by the control center. (Id. at 11:19-28.) 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
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`display (an image, a series of images or a video clip) which can be processed automatically and
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`inserted into the exposure list, or an administrator can select information from an external
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`mediator and process the information so that it can be inserted into the exposure list via the
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`exposure handler. (Id. at 8:27-41.)
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`The ‘334 Patent
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`14.
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`On June 3, 2008, U.S. Patent Number 7,382,334, entitled “Digital Information
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`System,” was duly and legally issued by the United States Patent and Trademark Office. A true
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`and correct copy of the ’334 Patent is attached as Exhibit B to this Complaint.
`15.
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`The innovations described by the ’334 Patent relate to methods and arrangements
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`“for controlling and coordinating” digital display devices “in a digital information system for
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`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-
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`24; 5:20-32.) The present invention is able “to provide a flexible system in which external
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`information mediators are able to dynamically control in real time the transmission of display
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`instructions to a larger public in different places” “and to enable similar or specific information
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`to be displayed in places that are mutually far apart.” (Id. at 2:56-60; 3:5-11.)
`16.
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`A system operating according to an embodiment of the ’334 Patent can include a
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`control center with a communication interface that connects devices to create and update a
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`display list in real time using control instruction fields sent from external mediators and to
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`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
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`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
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`information stored, where the devices can be connected using a network, such as a LAN (Local
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`4
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`Area Network) or by using a cable-carried ISDN solution (Integrated Services Digital Network)
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`or other fixed lines that have a similar capacity. (Id. at 6:17-45; 7:17-29; 11:60-67.) In some
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`embodiments, a relational database can be used to store image and video data and each electronic
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`display can be assigned a unique TCP/IP (Transmission Control Protocol / Internet Protocol)
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`address such that each display can be individually addressed and sent content for display. (Id. at
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`14:50-15:8.)
`17.
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`In one embodiment of the invention, personnel operating a work station can enter
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`information to be displayed from an external mediator via projector control instructions in the
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`exposure list created by the server. (Id. at 9:45-61.) Operators are able to interrupt a queue in the
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`server in order to update the exposure list with information generated centrally from the control
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`center or with information from an external information mediator. (Id.)
`18.
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`Information mediators can use an exposure program to deliver complete images
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`(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
`
`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
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`inserted into the exposure list, or an administrator can select information from an external
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`mediator and process the information so that it can be inserted into the exposure list via the
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`exposure handler. (Id. at 9:62-10:9.)
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`The ‘603 Patent
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`19.
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`On August 6, 2002, U.S. Patent Number 6,430,603, entitled “System for Direct
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`Placement of Commercial Advertising, Public Service Announcements and Other Content on
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`Electronic Billboard Displays” was duly and legally issued by the United States Patent and
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`Trademark Office. A true and correct copy of the ’603 Patent is attached as Exhibit C to this
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`Complaint.
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`5
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`20.
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`The innovations described by the ’603 Patent “relate[] to systems permitting
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`advertisers to target geographical regions and demographic groups with ever changing, current
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`advertising content without incurring the high fixed cost of traditional single-message
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`billboards.” (’603 Patent at 1:7-10.)
`21.
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`A typical system can include a network that connects a central information
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`processing center with a number of electronic displays. (Id. at 2:7; 2:54-56.) “The means for
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`transmitting content information” from the central information processing center “to the display
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`locations may take a number of forms.” (Id. at 3:31-32.) “[T]he means include: [a] High speed
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`cable [b] Satellite [c] Dedicated phone [d] High speed line (e.g., ISDN) [e] Cellular or PCS [f]
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`Internet [g] Radio/radio pulse transmission [h] High speed optical fiber.” (Id. at 3:35-45.)
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`“[A]ny form” of network “may be utilized” depending on the system requirements “at various
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`locations within the network,” which can include combinations of the examples listed. (Id. at
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`3:32-33.)
`22.
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`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
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`the right to any remedies for infringement.
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`BACKGROUND ON THE PRIOR ART AND THE ‘470 PATENT
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`23.
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`In 1994, the traditional Out-of-Home advertising industry was in need of a
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`change, an evolutionary improvement. See Declaration of Mats Hylin (“Hylin Decl.”) at ¶ 8
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`(attached as Exhibit D, and hereby incorporated, in its entirety, by reference herein at paragraph
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`23). Mats Hylin, the first named inventor of the ’470 Patent, recognized that the “demands from
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`advertisers” were not being met; what advertisers wanted was “more flexibility and speed” and
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`“the possibility of changing the message” instead of “having the same advertisement [displayed]
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`during the whole period.” Id. This may be because advertisers wish to avoid a stagnant message,
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`or because advertisers desire campaign evaluation feedback —“the results of a first campaign are
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`6
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`fundamental in order to create the next campaign.” Id. at ¶ 15. In addition to addressing these
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`revenue issues, distribution efficiencies were “one of the most important areas to create higher
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`margins.” Id. at ¶ 6. One method to address this was through the use of digital advertising
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`copy—which could be distributed via “the internet, or any other network”—rather than incur the
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`costs associated with physical distribution and display of paper or other printed advertising copy.
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`Id. at ¶¶ 8-9.
`24. With respect to the ’470 Patent and claim 25 in particular, claim 25 “solves
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`specific needs and problems over other technologies that existed in 1996.” Declaration of
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`Zaydoon Jawadi (“Jawadi Decl.”) ¶ 22 (attached as Exhibit E, and hereby incorporated, in its
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`entirety, by reference herein at paragraph 24). Such problems and shortcomings included
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`“controlling and coordinating digital signage displays in concrete, specific ways beyond merely
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`scheduling content to be displayed on remote screens.” Id. “Prior to the inventions disclosed in
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`claim 25 . . . there was no flexible way for external information mediators . . . to dynamically
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`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
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`required administrative processing and manual intervention to update the display systems.” Id.
`25.
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`The inventions embodied in claim 25 “improved the operation of digital signage
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`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
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`different places, extending the usefulness of the digital signage technology.” Id. at ¶¶ 26-27.
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`“[C]laim 25 of the ’470 Patent incorporates unique, innovative, non-conventional, non-generic
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`elements” that work together to improve the operation of a digital signage system. Id. at ¶ 28.
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`“The functions, application, and implementations of these elements inherently and necessarily
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`are rooted in and require computer technology, communication technology, and digital display
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`technology in order to overcome specific problems arising in the realm of digital signage in
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`1996.” Id. at ¶ 29. Importantly, “the claim goes beyond the mere concept of simply using a
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`computer to perform distributed signage.” Id. “This is because computers, communication
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`7
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`interfaces, and digital display devices are not ancillary or incidental additions but germane and
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`integral parts of the inventions disclosed by claim 25 of the ’470 Patent.” Id. The limitations of
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`claim 25 “relate to the functioning of hardware and software” that are “inextricably tied to digital
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`signage computer technology, communication technology, and digital display technology” such
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`that the “unique, innovative, non-conventional, non-generic” hardware and software incorporated
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`in claim 25 are used to achieve these technological innovations. Id. at ¶¶ 28, 30.
`26.
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`The physical combination of elements that are referenced in claim 25 represent an
`innovation over the prior art. More particularly, claim 25 references an “information mediator.”
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`At the time of the invention, in about the 1995 to 1996 time frame, the term “information
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`mediator,” within the context of the field of art, could have referred to “an agent between
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`producer and consumer of information” where the “agent could be a software component,
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`software with accompanying hardware, a system, an organization (such as advertising agency) or
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`an individual.” Id. at ¶ 33. Claim 25 also references “location(s)” which at the time of the
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`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
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`electronic display device.” Id. at ¶ 34. Taking into account the meaning of these terms, as well as
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`the claim as a whole, implementation of claim 25 would require “industrial computers, servers,
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`PCs, networking routers or switches, networking cables, computer graphics capabilities, display
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`devices . . . database management systems as well as specialized software drivers to interface
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`between mediators and system computers, to decipher control lists, to create and update exposure
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`lists, and to decipher and act upon exposure lists.” Id. at ¶ 35. Such a combination of elements
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`represented a significant and non-conventional innovation over the prior art which resulted in an
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`improvement in the operation of digital signage. Id. at ¶ 38.
`27.
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`“Furthermore, claim 25 . . . is distinct and different from the other claims of the
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`’470 Patent.” Id. at ¶ 37. “In particular, claim 25 . . . is distinct and different from claim 26 of the
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`’470 Patent.” Id. For example, “[c]laim 26 discloses a computerized control center,
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`communication interfaces, means for generating and dynamically updating an exposure list, a
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`8
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`means for displaying images and a computerized device situated at each location—limitations
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`that claim 25 does not disclose.” Id.
`28.
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`Claim 25 embodies an entirely new combination of special purpose and
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`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
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`inventors came up with a specific solution, manifested in a concrete combination of devices,
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`interfaces, and software, networked together with physical displays viewable by the target
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`audience, to resolve particular problems.
`29. With respect to claim 26 of the ’470 Patent, the inventions embodied in claim 26
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`“improved the operation of digital signage that existed in 1996” Id. at ¶ 45. “[C]laim 26 of the
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`’470 Patent incorporates unique, innovative, non-conventional, non-generic elements.” Id. at ¶
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`47. These elements include a “computerized control center[,] . . . means (within the
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`computerized control center) for generating and dynamically updating an exposure list . . . [and]
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`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
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`include a means “for displaying images in accordance with the exposure list.” Id. at ¶ 47. The
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`limitations of claim 26 “relate to both the hardware and software technology for digital signage,
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`as well as to the functioning of hardware and software technology for digital signage” and are
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`“manifested in a concrete combination of devices, interfaces, and software, networked together
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`with physical displays viewable by the target audience.” Id. at ¶¶ 41, 49.
`30.
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`The physical combination of elements that are referenced in claim 26 represent an
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`innovation over the prior art. More particularly, in addition to “information mediator” and
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`“location(s),” claim 26 references “communication interfaces.” At the time of the invention, in
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`about the 1995 to 1996 time frame, the term communication interfaces, within the context of the
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`field of art, could have referred to “electronic hardware, software, and protocols allowing
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`systems (such as computers) to communicate and exchange data.” Id. at ¶ 54. Claim 26 also
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`references a “computerized control center” which at the time of the invention could have
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`referred, again within the context of the field of art, to “a computer or set of computers that
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`control and coordinate the interaction between networked computers or equipment.” Id. at ¶ 55.
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`Such a combination of elements represented a significant and non-conventional innovation over
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`the prior art which resulted in an improvement in the operation of digital signage. Id. at ¶ 59.
`31.
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`Claim 26 embodies an entirely new combination of special purpose and
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`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
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`inventors came up with a specific solution, manifested in a concrete combination of devices,
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`interfaces, and software, networked together with physical displays viewable by the target
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`audience, to resolve particular problems in digital technology.
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`BACKGROUND ON THE ‘334 PATENT
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`32.
`
`Claim 22 the ’334 Patent “solves specific needs and problems over other
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`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
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`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
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`different places.” Id. at ¶ 64. “Content from external information mediators could not be directly
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`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.
`33.
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`The inventions embodied in claim 22 “improved the operation of digital signage
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`that existed in 1996” by “impos[ing] meaningful limitations” that “allow[ed] external
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`information mediator(s) to dynamically control and coordinate, in real time, display devices
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`located in different places, extending the usefulness of the digital signage technology.” Id. at ¶¶
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`67-68. “[C]laim 22 of the ’334 Patent incorporates unique, innovative, non-conventional, non-
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`generic elements” that work together to improve the operation of a digital signage system. Id. at
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`10
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`¶ 69. “The functions, application, and implementations of these elements inherently and
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`necessarily are rooted in and require computer technology, communication technology, and
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`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
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`using a computer
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`to perform distributed signage.” Id. “This
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`is because computers,
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`communication interfaces, and digital display devices are not ancillary or incidental additions but
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`germane and integral parts of the inventions disclosed by claim 22 of the ’334 Patent.” Id. The
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`limitations of claim 22 “relate to the functioning of hardware and software” that are “inextricably
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`tied to digital signage computer technology, communication technology, and digital display
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`technology” such that the “unique, innovative, non-conventional, non-generic” hardware and
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`software incorporated in claim 22 are used to achieve these technological innovations. Id. at ¶¶
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`69, 71.
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`34.
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`The physical combination of elements that are referenced in claim 22 represent an
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`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,
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`networking routers or switches, networking cables, computer graphics capabilities, display
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`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
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`lists, and to decipher and act upon exposure lists.” Id. at 74. Such a combination of elements
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`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.
`35.
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`“Furthermore, claim 22 of the ’334 Patent is distinct and different from the other
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`claims of the ’334 Patent as well as being distinct and different from the claims of the ’470
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`Patent.” Id. at ¶ 76. “In particular, claim 22 . . . is distinct and different from claim 32 of the ’334
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`Patent. Id. For example, “[c]laim 32 discloses computerized control center means (hardware
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`and/or software . . .), communication interfaces (of the control center), computerized means
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`11
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`(hardware and/or software . . . ) . . . and exposure handler means (hardware and/or software . . . )
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`—limitations that claim 22 does not disclose.” Id.
`36.
`
`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.
`37.
`
`The inventions embodied in claim 32 also “improved the operation of digital
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`signage that existed in 1996” Id. at ¶ 84. “[C]laim 32 of the ’334 Patent incorporates unique,
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`innovative, non-conventional, non-generic elements.” Id. at ¶ 86. These elements include “a
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`computerized control center means,” “computerized means . . . for coordinating and controlling
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`electronic displays” and “exposure handler means . . . for creating and updating an exposure
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`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.
`38.
`
`The physical combination of elements that are referenced in claim 32 represent an
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`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
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`between mediators and system computers, to decipher control lists, to create and update exposure
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`lists, and to decipher and act upon exposure lists.” Id. at ¶ 93. “Due to the application of outdoor
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`advertising, additional specialized equipment, such as special duty and/or ruggedized computers
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`(which could include ruggedized media players, for example) could be necessary.” Id. Such a
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`combination of elements represented a significant and non-conventional innovation over the
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`prior art which resulted in an improvement in the operation of digital signage. Id. at ¶ 96.
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`12
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`39.
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`“Furthermore, claim 32 of the ’334 Patent . . . is distinct and different from the
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`claims of the ’470 Patent.” Id. at ¶ 95.
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`BACKGROUND ON THE ‘603 PATENT
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`40. Claim 42 the ’603 Patent “solves specific needs and problems that existed in
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`1999.” Jawadi Decl. ¶ 101. Such problems and shortcomings included “targeting geographical
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`regions and demographic groups with ever changing, current advertising content in concrete,
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`specific ways beyond merely scheduling content to be displayed on remote screens.” Id. More
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`specifically, “the inventions disclosed in claim 42” allowed “content providers . . . to directly
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`access a network of electronic displays located in various geographic locations and to directly
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`send their own content—which could be formatted for the use of a split screen display—to the
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`network to be displayed at locations and times selected by the providers.” Id. at ¶ 102.
`41.
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`“Claim 42 incorporates non-conventional, non-generic hardware and software that
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`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
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`are rooted in and require computer technology, communication technology, and digital display
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`technology in order to achieve specific solutions in the realm of digital signage.” Id. at ¶ 104.
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`Importantly, “the claim goes beyond the mere concept of simply using a computer to perform
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`distributed signage.” Id. “This because computers, communication interfaces, and digital display
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`devices are not ancillary or incidental additions but germane and integral parts of the inventions
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`disclosed by claim 42 of the ’603 Patent. Id. The limitations of claim 42 “relate to both the
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`hardware and software technology for digital signage, as well as to the functioning of hardware
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`and software technology for digital signage” that are “inextricably tied to digital signage
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`computer technology, communication technology, and digital display technology” such that the
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`“unique, innovative, non-conventional, non-generic” hardware and software incorporated in
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`claim 42 are used to achieve these technological innovations. Id. at ¶¶ 103, 105.
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`42.
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`“Furthermore, claim 42 of the ’603 Patent is distinct and different from the claims
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`of the ’334 Patent and it is distinct and different from the claims of the ’470 Patent. Id. at ¶ 108.
`43.
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`Claim 42 embodies a new combination of special purpose and interconnected
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`physical equipment to present information publicly. The inventions embodied in claim 42 arose
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`in a specialized context—in or about the 1998 to 1999 time frame—and the inventors came up
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`with a specific solution, manifested in a concrete combination of devices, interfaces, and
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`software, networked together with physical displays viewable by the target audience, to resolve
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`particular problems.
`44.
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`The inventions embodied in claim 42 “improve upon existing digital signage.” Id.
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`at ¶ 110. Claim 42 includes a “combination of interconnected hardware and software elements
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`that are incorporated within the limitations of claim 42—and that claim 42 as a whole—improves
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`upon existing digital signage hardware.” Id.
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`COUNT I – INFRINGEMENT OF U.S. PATENT NO. RE39,470
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`45.
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`The allegations set forth in the foregoing paragraphs 1 through 44 are hereby re-
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`alleged and incorporated herein by reference.
`46.
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`Upon information and belief, in violation of 35 U.S.C. § 271(a), Defendant has
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`directly infringed and continues to directly infringe, literally or under the doctrine of equivalents,
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`one or more claims of the ’470 Patent by making, using, offering for sale, selling, or importing
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`devices or systems, in this judicial district and elsewhere in the United States (directly or through
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`intermediaries), that perform the steps of receiving control instructions from at least one external
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`information mediator, using the control instructions to generate an exposure list that specifies
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`three or more of the following items: i) what information content is to be displayed; ii) at which
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`of a plurality of locations the information content is to be displayed; iii) when the information
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`content is to be displayed for each location at which content is to be displayed; and iv) how long
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`the information content is to be displayed for each location at which content is to be displayed,
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`displaying images at one or more of the locations in accordance with the exposure list, and
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`permitting the exposure list to be dynamically updated as claimed in at least