Case: 1:16-cv-06915 Document #: 1 Filed: 07/01/16 Page 1 of 20 PageID #:1
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`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`Case No.: 1:16-cv-6915
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`JURY TRIAL DEMANDED
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`T-REX PROPERTY AB,
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`Plaintiff,
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`v.
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`ADMIRABLE, LLC,
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`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 Admirable, LLC, states
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`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 United
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`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.
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`3.
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`On information and belief, Defendant Admirable, LLC is a Florida corporation,
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`with its principal office at 5793 NW 151 Street, Suite B, Miami Lakes, FL 33014.
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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 under
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`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 regularly transacts business in the State of Illinois and this judicial district and it
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`
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` IPR2016-01869 Ex. 1011
`Broadsign International, LLC Petitioner
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`has thereby purposefully availed itself of the benefits and protections of the laws of the State of
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`Illinois. Furthermore, this Court has personal jurisdiction over Defendant because, on information
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`and belief, Defendant has committed acts of patent infringement giving rise to this action within
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`the State of Illinois and has thus established minimum contacts such that the exercise of personal
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`jurisdiction over Defendant does not offend traditional notions of fair play and substantial justice.
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`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.
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`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
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`Complaint.
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`9.
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`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 was
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`filed on April 26, 1996 in Sweden. As “[p]riority under section 119, 365(a), 365(b), 386(a), or
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`386(b) shall not be taken into account in determining the term of a patent,” (35 U.S.C. § 154(a)(3)),
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`the ’470 Patent expires 20 years from July 2, 1996.
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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 places
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`that are accessible to and frequented by a general public.” (’470 Patent at 1:15-21.) “An object of
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`the present invention is to provide a flexible system in which external information mediators are
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`able to dynamically control in real time the transmission of display instructions to a larger public
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`in different places” “and to enable similar or specific information to be displayed in places that are
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`mutually far apart.” (Id. at 2:39-42; 2:52-54.)
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`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 display
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`list in real time using control instruction fields sent from external mediators and to transmit and
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`display the desired images to one or more electronic displays that can be controlled independently
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`of other electronic displays. (Id. at 3:4-19; 4:42-45.) In embodiments, the control center can
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`include one or more servers, workstations, and databases stored on one or more physical storage
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`devices, and can include redundancy, of both computer hardware and the information stored,
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`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
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`have a similar capacity. (Id. at 4:57-5:16; 5:59-67; 6:41-59; 12:55-13:7.) In one embodiment of
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`the devices or projectors, the projector is a large picture screen in LCD or LED technology or the
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`like that includes or is connected to a computer. (Id. at 6:26-32.)
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`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.)
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`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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`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 mediator
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`and process the information so that it can be inserted into the exposure list via the exposure handler.
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`(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.
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`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 to
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`be displayed in places that are mutually far apart.” (Id. at 2:56-60; 3:5-11.)
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`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 display
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`list in real time using control instruction fields sent from external mediators and to transmit and
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`display the desired images to one or more electronic displays that can be controlled independently
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`of other electronic displays. (Id. at 3:38-60; 5:29-30.) In embodiments, the control center can
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`include one or more servers, workstations, and databases stored on one or more physical storage
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`devices, and can include redundancy, of both computer hardware and the information stored,
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`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
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`have a similar capacity. (Id. at 6:17-45; 7:17-29; 11:60-67.) In some embodiments, a relational
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`database can be used to store image and video data and each electronic display can be assigned a
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`unique TCP/IP (Transmission Control Protocol / Internet Protocol) address such that each display
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`can be individually addressed and sent content for display. (Id. at 14:50-15:8.)
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`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.)
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`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
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`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
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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 mediator
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`and process the information so that it can be inserted into the exposure list via the exposure handler.
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`(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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`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 billboards.”
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`(’603 Patent at 1:7-10.)
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`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.) “[A]ny
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`form” of network “may be utilized” depending on the system requirements “at various locations
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`within the network,” which can include combinations of the examples listed. (Id. at 3:32-33.)
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`22.
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`Plaintiff T-Rex Property AB is the assignee and owner of the right, title and interest
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`in and to the ‘470 Patent, the ‘334 Patent, and the ‘603 Patent (collectively, the “Patents-In-Suit”),
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`including the right to assert all causes of action arising under the Patents-In-Suit and the right to
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`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 change,
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`an evolutionary improvement. See Declaration of Mats Hylin (“Hylin Decl.”) at ¶ 8 (attached as
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`Exhibit D, and hereby incorporated, in its entirety, by reference herein at paragraph 23). Mats
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`Hylin, the first named inventor of the ’470 Patent, recognized that the “demands from advertisers”
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`were not being met; what advertisers wanted was “more flexibility and speed” and “the possibility
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`of changing the message” instead of “having the same advertisement [displayed] during the whole
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`period.” Id. This may be because advertisers wish to avoid a stagnant message, or because
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`advertisers desire campaign evaluation feedback —“the results of a first campaign are fundamental
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`in order to create the next campaign.” Id. at ¶ 15. In addition to addressing these revenue issues,
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`distribution efficiencies were “one of the most important areas to create higher margins.” Id. at ¶
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`6. One method to address this was through the use of digital advertising copy—which could be
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`distributed via “the internet, or any other network”—rather than incur the costs associated with
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`physical distribution and display of paper or other printed advertising copy. Id. at ¶¶ 8-9.
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`24. With respect to the ’470 Patent and claim 25 in particular, claim 25 “solves specific
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`needs and problems over other technologies that existed in 1996.” Declaration of Zaydoon Jawadi
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`(“Jawadi Decl.”) ¶ 22 (attached as Exhibit E, and hereby incorporated, in its entirety, by reference
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`herein at paragraph 24). Such problems and shortcomings included “controlling and coordinating
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`digital signage displays in concrete, specific ways beyond merely scheduling content to be
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`displayed on remote screens.” Id. “Prior to the inventions disclosed in claim 25 . . . there was no
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`flexible way for external information mediators . . . to dynamically control and coordinate, display
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`devices located in different places.” Id. at ¶ 23. “Content from external information mediators
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`could not be directly displayed; instead, displaying such content required administrative
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`processing and manual intervention to update the display systems.” Id.
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`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
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`mediator(s) to dynamically control and coordinate display devices located in different places,
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`extending the usefulness of the digital signage technology.” Id. at ¶¶ 26-27. “[C]laim 25 of the
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`’470 Patent incorporates unique, innovative, non-conventional, non-generic elements” that work
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`together to improve the operation of a digital signage system. Id. at ¶ 28. “The functions,
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`application, and implementations of these elements inherently and necessarily are rooted in and
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`require computer technology, communication technology, and digital display technology in order
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`to overcome specific problems arising in the realm of digital signage in 1996.” Id. at ¶ 29.
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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 is 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 25 of the ’470 Patent.” Id. The limitations of claim 25 “relate to the functioning
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`of hardware and software” that are “inextricably tied to digital signage computer technology,
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`communication technology, and digital display technology” such that the “unique, innovative,
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`non-conventional, non-generic” hardware and software incorporated in claim 25 are used to
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`achieve these technological innovations. Id. at ¶¶ 28, 30.
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`26.
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`The physical combination of elements that are referenced in claim 25 represent an
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`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 producer
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`and consumer of information” where the “agent could be a software component, software with
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`accompanying hardware, a system, an organization (such as advertising agency) or an individual.”
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`Id. at ¶ 33. Claim 25 also references “location(s)” 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 particular physical or geographical place
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`or position where the message or advertisement is displayed on an electronic display device.” Id.
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`at ¶ 34. Taking into account the meaning of these terms, as well as the claim as a whole,
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`implementation of claim 25 would require “industrial computers, servers, PCs, networking routers
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`or switches, networking cables, computer graphics capabilities, display devices . . . database
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`management systems as well as specialized software drivers to interface between mediators and
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`system computers, to decipher control lists, to create and update exposure lists, and to decipher
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`and act upon exposure lists.” Id. at ¶ 35. Such a combination of elements represented a significant
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`and non-conventional innovation over the prior art which resulted in an improvement in the
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`operation of digital signage. Id. at ¶ 38.
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`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, communication
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`interfaces, means for generating and dynamically updating an exposure list, a means for displaying
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`images and a computerized device situated at each location—limitations that claim 25 does not
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`disclose.” Id.
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`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
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`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.
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`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 ’470
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`Patent incorporates unique, innovative, non-conventional, non-generic elements.” Id. at ¶ 47.
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`These elements include a “computerized control center[,] . . . means (within the computerized
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`control center) for generating and dynamically updating an exposure list . . . [and] computerized
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`devices” which are situated at “a plurality of locations.” Id. at ¶¶ 40, 47. The computerized devices
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`are “electronically coupled to the computerized control center” and include a means “for
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`displaying images in accordance with the exposure list.” Id. at ¶ 47. The limitations of claim 26
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`“relate to both the hardware and software technology for digital signage, as well as to the
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`functioning of hardware and software technology for digital signage” and are “manifested in a
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`concrete combination of devices, interfaces, and software, networked together with physical
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`displays viewable by the target audience.” Id. at ¶¶ 41, 49.
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`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 systems
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`(such as computers) to communicate and exchange data.” Id. at ¶ 54. Claim 26 also references a
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`“computerized control center” which at the time of the invention could have referred, again within
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`the context of the field of art, to “a computer or set of computers that control and coordinate the
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`interaction between networked computers or equipment.” Id. at ¶ 55. Such a combination of
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`elements represented a significant and non-conventional innovation over the prior art which
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`resulted in an improvement in the operation of digital signage. Id. at ¶ 59.
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`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
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`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.
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`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
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`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
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`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
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`required administrative processing and manual intervention to update the display systems.” Id.
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`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 information
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`mediator(s) to dynamically control and coordinate, in real time, display devices located in different
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`places, extending the usefulness of the digital signage technology.” Id. at ¶¶ 67-68. “[C]laim 22 of
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`the ’334 Patent incorporates unique, innovative, non-conventional, non-generic elements” that
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`work together to improve the operation of a digital signage system. Id. at ¶ 69. “The functions,
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`application, and implementations of these elements inherently and necessarily are rooted in and
`
`require computer technology, communication technology, and digital display technology in order
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`to overcome specific problems arising in the realm of digital signage in 1996.” Id. at ¶ 70.
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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 is 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 22 of the ’334 Patent.” Id. The limitations of claim 22 “relate to the functioning
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`of hardware and software” that are “inextricably tied to digital signage computer technology,
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`communication technology, and digital display technology” such that the “unique, innovative,
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`non-conventional, non-generic” hardware and software incorporated in claim 22 are used to
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`achieve these technological innovations. Id. at ¶¶ 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 devices
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`. . . database management systems as well as specialized software drivers to interface between
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`mediators and system computers, to decipher control lists, to create and update exposure lists, and
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`to decipher and act upon exposure lists.” Id. at 74. Such a combination of elements represented a
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`significant and non-conventional innovation over the prior art which resulted in an improvement
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`in the operation of digital signage. Id. at ¶ 77.
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`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 Patent.”
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`Id. at ¶ 76. “In particular, claim 22 . . . is distinct and different from claim 32 of the ’334 Patent.
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`Id. For example, “[c]laim 32 discloses computerized control center means (hardware and/or
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`software . . .), communication interfaces (of the control center), computerized means (hardware
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`and/or software . . . ) . . . and exposure handler means (hardware and/or software . . . )—limitations
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`that claim 22 does not disclose.” Id.
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`36.
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`Claim 22 embodies an entirely new combination of special purpose and
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`interconnected physical equipment to present information publicly. The inventions embodied in
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`claim 22 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.
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`37.
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`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 list.”
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`Id. The limitations of claim 32 “relate to both the hardware and software technology for digital
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`signage, as well as to the functioning of hardware and software technology for digital signage.”
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`Id. at ¶ 88.
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`38.
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`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
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`claim as a whole, the arrangement of claim 32 would require “industrial computers, servers, PCs,
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`networking routers or switches, networking cables, computer graphics capabilities, display devices
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`. . . database management systems as well as specialized software drivers to interface between
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`mediators and system computers, to decipher control lists, to create and update exposure lists, and
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`to decipher and act upon exposure lists.” Id. at ¶ 93. “Due to the application of outdoor advertising,
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`additional specialized equipment, such as special duty and/or ruggedized computers (which could
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`include ruggedized media players, for example) could be necessary.” Id. Such a combination of
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`elements represented a significant and non-conventional innovation over the prior art which
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`resulted in an improvement in the operation of digital signage. Id. at ¶ 96.
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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 1999.”
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`Jawadi Decl. ¶ 101. Such problems and shortcomings included “targeting geographical regions
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`and demographic groups with ever changing, current advertising content in concrete, specific
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`ways beyond merely scheduling content to be displayed on remote screens.” Id. More specifically,
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`Case: 1:16-cv-06915 Document #: 1 Filed: 07/01/16 Page 13 of 20 PageID #:13
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`“the inventions disclosed in claim 42” allowed “content providers . . . to directly access a network
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`of electronic displays located in various geographic locations and to directly send their own
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`content—which could be formatted for the use of a split screen display—to the network to be
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`displayed at locations and times selected by the providers.” Id. at ¶ 102.
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`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 computer
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`technology, communication technology, and digital display technology” such that the “unique,
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`innovative, non-conventional, non-generic” hardware and software incorporated in claim 42 are
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`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.
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`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 in
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`a specialized context—in or about the 1998 to 1999 time frame—and the inventors came up with
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`a specific solution, manifested in a concrete combination of devices, interfaces, and software,
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`networked together with physical displays viewable by the target audience, to resolve particular
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`problems.
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`Case: 1:16-cv-06915 Document #: 1 Filed: 07/01/16 Page 14 of 20 PageID #:14
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`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 that
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`are incorporated within the limitations of claim 42—and that claim 42 as a whole—improves upon
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`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.
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`46.
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`Upon information and belief, in violation of 35 U.S.C. § 271, Defendant has
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`directly and continues to directly, literally or under the doctrine of equivalents, or has indirectly
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`infringed an