CASE 0:16-cv-00070-ADM-TNL Document 1 Filed 01/13/16 Page 1 of 21
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MINNESOTA
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`T-REX PROPERTY AB,
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`Plaintiff,
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`v.
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`REACH SPORTS MARKETING GROUP,
`INC.,
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`Defendant.
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`
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`Civil Action No.: 0:16-cv-00070
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`JURY TRIAL DEMANDED
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`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff T-Rex Property AB, by and through its undersigned counsel, files this
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`Complaint against Defendant Reach Sports Marketing Group, Inc. 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
`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 is a Minnesota corporation with its
`corporate headquarters located at 6440 Flying Cloud Drive, Suite 225, Eden Prairie, MN
`55344.
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`JURISDICTION AND VENUE
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`4.
`This Court has subject matter jurisdiction over this patent infringement
`action under 28 U.S.C. §§ 1331 and 1338(a).
`5.
`This Court has personal jurisdiction over Defendant because, on
`information and belief, Defendant has systematic and continuous contacts with
`Minnesota and this judicial district, because Defendant is organized in the State of
`Minnesota and has thereby purposefully availed itself of the benefits and protections of
`the laws of the State of Minnesota, because Defendant’s corporate headquarters are
`located in the State of Minnesota, and because Defendant regularly transacts business in
`the State of Minnesota and this judicial district. 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
`Minnesota and this judicial district 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.
`6.
`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.
`The allegations set forth in the foregoing paragraphs 1 through 6 are hereby
`re-alleged and incorporated herein by reference.
`8.
`On January 16, 2007, U.S. Patent Number RE39,470, 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.
`9.
`The innovations described by the ’470 Patent “relate[] to a method and
`apparatus for controlling and coordinating” electronic displays “in a digital information
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`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; 6:25-29.) “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.)
`10. 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 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.)
`11.
`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.)
`12.
`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, these can be dynamically added to the exposure
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`list by the exposure handler. (Id. at 11:19-28.) 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 administer 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.)
`13. 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.
`14.
`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 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.)
`15. 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
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`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.)
`16.
`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.)
`17.
`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, these can be dynamically added to the exposure
`list by the exposure handler. (Id. at 12:12-22.) 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 administer 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.)
`18. 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.
`19.
`The innovations described by the ’603 Patent “relate[] to systems
`permitting advertisers to target geographical regions and demographic groups with ever
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`changing, current advertising content without incurring the high fixed cost of traditional
`single-message billboards.” (’603 Patent at 1:7-10.)
`20. A system operating according to an embodiment of the ’603 Patent can
`include “a central information processing center,” a network of “high resolution
`electronic displays located in high traffic areas.” (Id. at 2:7; 1:15-16.) “The electronic
`displays preferably are large (e.g., 23×33½ ft.) flat LED displays that are driven by their
`own video or image servers. (Id. at 2:16-18.) “In preferred embodiments, each display is
`a . . . high resolution, full color display that provides brilliant light emission from a flat
`panel screen.” (Id. at 2:62-65.) “Commercial advertisers” can “directly send their own
`advertisements electronically to the network to be displayed at locations and times
`selected by the advertiser.” (Id. at 1:12-18.)
`21. 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.)
`22.
`In one embodiment, a display “takes the form of a 23 feet by 33½ feet
`seamless flat screen display including multiple flat panel display modules.” (Id. at 4:49-
`51.) “The panels utilize advanced semiconductor technology to provide high resolution,
`full color images utilizing light emitting diodes” that can provide “a high spatial
`resolution” that is “easily viewable in bright sunlight.” (Id. at 4:51-53, 62-65.) In such a
`display device, LEDs can be “aligned in an integrated array with each pixel having a red,
`green and blue LED” and that if each “red, green and blue emitter is accessed with 24 bit
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`resolution” the resulting display “provid[es] 16.7 million colors for every pixel”
`“produc[ing] the desired light output.” (Id. at 4:54-65.)
`23.
`T-Rex is the assignee and owner of the right, title and interest in and to the
`’470, the ’334 and the ’603 Patents (henceforth collectively the “patents-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.
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`COUNT I – INFRINGEMENT OF U.S. Patent No. RE39,470
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`24.
`The allegations set forth in the foregoing paragraphs 1 through 23 are
`hereby re-alleged and incorporated herein by reference.
`25. Upon information and belief, in violation of 35 U.S.C. § 271(a), Defendant
`has directly infringed and continues to directly infringe, literally or under the doctrine of
`equivalents, one or more claims of the ’470 Patent by making, using, offering for sale,
`selling, or importing devices or systems, in this judicial district and elsewhere in the
`United States (directly or through intermediaries), that perform the steps of receiving
`control instructions from at least one external information mediator, using the control
`instructions to generate an exposure list that specifies three or more of the following
`items: i) what information content is to be displayed; ii) at which of a plurality of
`locations the information content is to be displayed; iii) when the information content is
`to be displayed for each location at which content is to be displayed; and iv) how long
`the information content is to be displayed for each location at which content is to be
`displayed, displaying images at one or more of the locations in accordance with the
`exposure list, and permitting the exposure list to be dynamically updated as claimed in at
`least claim 25 of the ’470 Patent, without the authority of T-Rex.
`26. Upon information and belief, in violation of 35 U.S.C. § 271(a), Defendant
`has directly infringed and continues to directly infringe, literally or under the doctrine of
`equivalents, one or more claims of the ’470 Patent by making, using, offering for sale,
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`selling, or importing devices or systems, in this judicial district and elsewhere in the
`United States (directly or through intermediaries), that comprise a computerized control
`center that has a plurality of communication interfaces for receiving control instructions
`from at least one external information mediator, the computerized control center includes
`a means for generating and dynamically updating an exposure list from the control
`instructions, the exposure list specifying three or more of the following items: i) what
`information content is to be displayed; ii) at which of the plurality of locations the
`information content is to be displayed; iii) when the information content is to be
`displayed for each location at which content is to be displayed; and iv) how long the
`information content is to be displayed for each location at which content is to be
`displayed, a computerized device situated at each one of the plurality of locations and
`electronically coupled to the computerized control center, and a means for displaying
`images in accordance with the exposure list associated with each one of the computerized
`devices as claimed in at least claim 26 of the ’470 Patent, without the authority of T-Rex.
`27. More specifically, the infringing devices and systems include Defendant’s
`digital place-based media network.
`28. Upon information and belief, Defendant has directly infringed and
`continues to directly infringe one or more claims of the ’470 Patent, including at least
`claims 25 and 26, by operating its digital place-based media network in Minnesota and
`elsewhere in the United States.
`29.
`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 29). Mats Hylin, the first named inventor of the ’470 and the ’334 Patents,
`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
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`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. Mr. Hylin also recognized that in order
`“to increase the revenue from” the “most attractiv[ely situated] billboards,” an approach
`that extended beyond merely increasing the rates was required. Id. In addition to
`addressing these revenue issues, distribution efficiencies was “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.
`30. More particularly, 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 30). 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. More specifically, “[p]rior 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 external information mediators could not be directly displayed;
`instead, displaying such content required administrative processing and manual
`intervention to update the display systems.” Id.
`31.
`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
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`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.
`32.
`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.” 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 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
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`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.
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`33.
`“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.
`34. 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.
`35.
`The inventions embodied in claim 26 also “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 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
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`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.
`36.
`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.
`37. 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.
`38. Defendant has had knowledge of the ’470 Patent since at least the date that
`this Complaint was served.
`39. Because of Defendant’s infringing activities, T-Rex has suffered damages
`and will continue to suffer damages in the future. T-Rex is entitled to recover from
`Defendant the damages sustained by T-Rex as a result of Defendant’s wrongful acts in an
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`amount subject to proof at trial, which, by law, cannot be less than a reasonable royalty,
`together with interest and costs as fixed by this Court under 35 U.S.C. § 284.
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`COUNT II – INFRINGEMENT OF U.S. Patent No. 7,382,334
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`40.
`The allegations set forth in the foregoing paragraphs 1 through 39 are
`hereby re-alleged and incorporated herein by reference.
`41. Upon information and belief, in violation of 35 U.S.C. § 271(a), Defendant
`has directly infringed and continues to directly infringe, literally or under the doctrine of
`equivalents, one or more claims of the ’334 Patent by making, using, offering for sale,
`selling, or importing devices or systems, in this judicial district and elsewhere in the
`United States (directly or through intermediaries), that perform the steps of generating an
`exposure list comprising control instructions for coordinating and controlling electronic
`displays with regard to what shall be exposed, when it shall be exposed, where it shall be
`exposed and for how long it shall be exposed, using a control center for coordinating and
`controlling electronic displays, where the control center is able to create and update the
`exposure list in real time, with control instruction fields via dynamic booking of
`information, in time for exposure, from mediators, and where the exposure list enables
`each electronic display to be controlled, independently of other electronic displays, to
`receive the same or different information in accordance with the exposure list for the
`exposure of respective electronic display as claimed in at least claim 22 of the ’334
`Patent, without the authority of T-Rex.
`42. Upon information and belief, in violation of 35 U.S.C. § 271(a), Defendant
`has directly infringed and continues to directly infringe, literally or under the doctrine of
`equivalents, one or more claims of the ’334 Patent by making, using, offering for sale,
`selling, or importing devices or systems, in this judicial district and elsewhere in the
`United States (directly or through intermediaries), that comprise a computerized control
`center means, where the control center has communication interfaces against; a
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`computerized means for coordinating and controlling electronic displays; and an
`exposure handler means whereby the control center functions, in real time and through
`the medium of the exposure handler, to create and update an exposure list that has control
`instruction fields, via dynamic booking of display information from mediators and where
`the exposure list contains control instructions, that coordinate and control the electronic
`displays in question with respect to what shall be exposed, where it shall be exposed,
`when it shall be exposed, and for how long it shall be exposed, and enables each
`electronic display, independently of other electronic displays, to receive the same or
`different information according to the exposure list for exposure or display by the
`respective electronic display as claimed in at least claim 32 of the ’334 Patent, without
`the authority of T-Rex.
`43. More specifically, the infringing devices and systems include Defendant’s
`digital place-based media network.
`44. Upon information and belief, Defendant has directly infringed and
`continues to directly infringe one or more claims of the ’334 Patent, including at least
`claims 22 and 32, by operating its digital place-based media network in Minnesota and
`elsewhere in the United States.
`45. 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 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.
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`46.
`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.
`47.
`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 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
`expos