Case 2:16-cv-00681-JRG Document 34 Filed 09/29/16 Page 1 of 30 PageID #: 373
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`T-REX PROPERTY AB,
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`Plaintiff,
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`v.
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`NATIONAL CINEMEDIA, LLC,
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`Defendant.
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`Civil Action No.: 2:16-cv-681
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`JURY TRIAL DEMANDED
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff T-Rex Property AB, by and through its undersigned counsel, files this First
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`Amended Complaint against Defendant National CineMedia, LLC 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.
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`3.
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`On information and belief, Defendant National CineMedia, LLC (“NCM”) is a
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`Delaware limited liability company with its Principal Executive Offices located at 9110 East
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`Nichols Avenue, Suite 200, Centennial, Colorado 80112, and has C T Corporation System, 1999
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`Bryan Street, Suite 900, Dallas, Texas 75201 as its registered agent.
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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 Texas and this judicial district
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`because Defendant regularly transacts business in the State of Texas and in this judicial district
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`because it has long term services agreements with multiple theaters that are located in this
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`judicial district as well as other theaters that are located elsewhere in the State of Texas, it has
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`thereby purposefully availed itself of the benefits and protections of the laws of the State of
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`Texas. Furthermore, this Court has personal jurisdiction over Defendant because, as described
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`further below, Defendant has committed acts of patent infringement giving rise to this action
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`within the State of Texas and this judicial district and has thus established minimum contacts
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`such that the exercise of personal jurisdiction over Defendant does not offend traditional notions
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`of fair play and substantial justice.
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`6.
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`7.
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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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`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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`8.
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`On January 16, 2007, U.S. Patent Number RE39,470, entitled “Digital
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`Information System,” was duly and legally issued by the United States Patent and Trademark
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`Office. A true and correct copy of the ’470 Patent is attached as Exhibit A to this First Amended
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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
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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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`10.
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`The innovations described by 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; 6:25-
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`29.) “An object of the present invention is 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 2:39-42; 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
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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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`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
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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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`14. Multiple benefits flow from the implementation of certain embodiments of the
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`innovations described by the ’470 Patent, such as controlling and coordinating digital signage
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`displays dynamically—beyond merely scheduling content to be displayed on remote screens.
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`Other benefits include permitting an advertiser to monitor the results of an ad campaign, and in
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`response to those results, to dynamically alter the presented ad message as part of a feedback
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`loop. This also enables an advertiser to gather important data for creating the next ad campaign,
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`or the next iteration of the ad campaign. The innovations described by the ’470 Patent thus
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`function differently from traditional or conventional methods of operation for digital signage.
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`15.
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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 First Amended Complaint.
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`16.
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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.)
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`17.
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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
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`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
`
`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.)
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`18.
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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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`19.
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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
`
`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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`20. Multiple benefits flow from the implementation of certain embodiments of the
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`innovations described by the ’334 Patent, such as controlling and coordinating digital signage
`
`displays dynamically—beyond merely scheduling content to be displayed on remote screens.
`
`Other benefits include permitting an advertiser to monitor the results of an ad campaign, and in
`
`response to those results, to dynamically alter the presented ad message as part of a feedback
`
`loop. This also enables an advertiser to gather important data for creating the next ad campaign,
`
`or the next iteration of the ad campaign. The innovations described by the ’334 Patent thus
`
`function differently from traditional or conventional methods of operation for digital signage.
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`21.
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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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`First Amended Complaint.
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`22.
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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.)
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`23.
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`A system operating according to an embodiment of the ’603 Patent can include “a
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`central information processing center,” a network of “high resolution electronic displays located
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`in high traffic areas.” (Id. at 2:7; 1:15-16.) “The electronic displays preferably are large (e.g.,
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`23×33½ ft.) flat LED displays that are driven by their own video or image servers. (Id. at 2:16-
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`18.) “In preferred embodiments, each display is a . . . high resolution, full color display that
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`provides brilliant light emission from a flat panel screen.” (Id. at 2:62-65.) “Commercial
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`advertisers” can “directly send their own advertisements electronically to the network to be
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`displayed at locations and times selected by the advertiser.” (Id. at 1:12-18.)
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`24.
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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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`25.
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`In one embodiment, a display “takes the form of a 23 feet by 33½ feet seamless
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`flat screen display including multiple flat panel display modules.” (Id. at 4:49-51.) “The panels
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`utilize advanced semiconductor technology to provide high resolution, full color images utilizing
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`light emitting diodes” that can provide “a high spatial resolution” that is “easily viewable in
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`bright sunlight.” (Id. at 4:51-53, 62-65.) In such a display device, LEDs can be “aligned in an
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`integrated array with each pixel having a red, green and blue LED” and that if each “red, green
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`and blue emitter is accessed with 24 bit resolution” the resulting display “provid[es] 16.7 million
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`colors for every pixel” “produc[ing] the desired light output.” (Id. at 4:54-65.)
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`26.
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`T-Rex is the assignee and owner of the right, title and interest in and to the ’470,
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`the ’334 and the ’603 Patents (henceforth collectively the “patents-in-suit”), including the right
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`to assert all causes of action arising under the patents-in-suit and the right to any remedies for
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`infringement.
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`THE NCM ACCUSED SYSTEM
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`27.
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`The allegations set forth in the foregoing paragraphs 1 through 26 are hereby re-
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`alleged and incorporated herein by reference.
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`28.
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`NCM is an entity co-founded in 2005 and operated by cinema operators and end-
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`users AMC, Regal, and Cinemark. NCM, in conjunction with the founding members, makes,
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`uses, and sells, among other things, its FirstLook, NCM Interactive, Mobile Networks, Movie
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`Night Out, FirstLook Sync, and Fathom systems to provide advertising and/or other digital
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`events in theater lobbies, on theater screens pre- and/or post-show, and across a mobile network
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`and through online apps. NCM’s Cinema Advertising Network is the largest digital in-theater
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`network in North America, allowing for the targeted distribution of advertising, including
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`through FirstLook, as well as via other forms of advertising in theater lobbies, online, and on
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`mobile devices, to over 40 leading theater affiliates including AMC, Cinemark, and Regal.
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`29.
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`The same three cinema entities which co-founded NCM, in 2007 also co-founded
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`Digital Cinema Implementation Partners, LLC (“DCIP”) to “continue to build off of the digital
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`cinema business plan that was developed by National CineMedia (NCM) on behalf of the three
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`DCIP founding partners.”
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`30.
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`In October 2010, NCM and its founding members executed an amended Exhibitor
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`Services Agreement that allowed NCM to connect its advertising and Fathom networks to the
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`founding members’ new higher quality digital projection systems, allowing the display of 3D ads
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`and Fathom Events, along with other digital advertising.
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`31.
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`The NCM advertising system includes security management, whereby each
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`auditorium/projector requires some form of unique key to unlock encrypted files, and each key
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`includes a specified play period. Each key specifies a start time and stop time, which represents a
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`negotiated authorization window
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`COUNT I – INFRINGEMENT OF U.S. PATENT NO. RE39,470
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`32.
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`The allegations set forth in the foregoing paragraphs 1 through 31 are hereby re-
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`alleged and incorporated herein by reference.
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`33.
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`In violation of 35 U.S.C. § 271(a), Defendant has directly infringed and continues
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`to directly infringe, literally or under the doctrine of equivalents, one or more claims of the ’470
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`Patent by making, using, offering for sale, selling, or importing devices or systems, in this
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`judicial district and elsewhere in the United States (directly or through intermediaries), that
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`perform the steps of receiving control instructions from at least one external information
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`mediator, using the control instructions to generate an exposure list that specifies three or more
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`of the following items: i) what information content is to be displayed; ii) at which of a plurality
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`of locations the information content is to be displayed; iii) when the information content is to be
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`displayed for each location at which content is to be displayed; and iv) how long the information
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`content is to be displayed for each location at which content is to be displayed, displaying images
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`at one or more of the locations in accordance with the exposure list, and permitting the exposure
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`list to be dynamically updated as claimed in at least claim 25 of the ’470 Patent, without the
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`authority of T-Rex.
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`34.
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`In violation of 35 U.S.C. § 271(a), Defendant has directly infringed and continues
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`to directly infringe, literally or under the doctrine of equivalents, one or more claims of the ’470
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`Patent by making, using, offering for sale, selling, or importing devices or systems, in this
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`judicial district and elsewhere in the United States (directly or through intermediaries), that
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`comprise a computerized control center that has a plurality of communication interfaces for
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`receiving control instructions from at least one external information mediator, the computerized
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`control center includes a means for generating and dynamically updating an exposure list from
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`the control instructions, the exposure list specifying three or more of the following items: i) what
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`information content is to be displayed; ii) at which of the plurality of locations the information
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`content is to be displayed; iii) when the information content is to be displayed for each location
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`at which content is to be displayed; and iv) how long the information content is to be displayed
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`for each location at which content is to be displayed, a computerized device situated at each one
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`of the plurality of locations and electronically coupled to the computerized control center, and a
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`means for displaying images in accordance with the exposure list associated with each one of the
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`computerized devices as claimed in at least claim 26 of the ’470 Patent, without the authority of
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`T-Rex.
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`35.
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`To the extent NCM may be found not to infringe claims of the ’470 Patent
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`directly, including in privity with its founding members, NCM infringes indirectly, through
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`contributory and/or induced infringement, by providing its founding members and other affiliates
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`with a system that has no substantial non-infringing use, and/or by providing the system with
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`knowledge of T-Rex’s patent claims.
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`36. More specifically, the infringing devices and systems include NCM’s Cinema
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`Advertising Network, as described, for example, in paragraphs 27 to 31, which allows for the
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`dynamic placement of digital advertising and events in theater lobbies, on screens pre- and/or
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`post-show, online, and/or on mobile devices.
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`37.
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`Defendant has directly infringed and continues to directly infringe one or more
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`claims of the ’470 Patent, including at least claims 25 and 26, by operating its digital in-theatre
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`media network in theaters located in this judicial district, elsewhere in Texas and throughout the
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`United States.
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`38.
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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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`38). Mats Hylin, the first named inventor of the ’470 and the ’334 Patents, recognized that the
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`“demands from advertisers” were not being met; what advertisers wanted was “more flexibility
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`and speed” and “the possibility of changing the message” instead of “having the same
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`advertisement [displayed] during the whole period.” Id. This may be because advertisers wish to
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`avoid a stagnant message, or because advertisers desire campaign evaluation feedback —“the
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`results of a first campaign are fundamental in order to create the next campaign.” Id. at ¶ 15. Mr.
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`Hylin also recognized that in order “to increase the revenue from” the “most attractiv[ely
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`situated] billboards,” an approach that extended beyond merely increasing the rates was required.
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`Id. In addition to addressing these revenue issues, distribution efficiencies was “one of the most
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`important areas to create higher margins.” Id. at ¶ 6. One method to address this was through the
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`use of digital advertising copy—which could be distributed via “the internet, or any other
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`network”—rather than incur the costs associated with physical distribution and display of paper
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`or other printed advertising copy. Id. at ¶¶ 8-9.
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`39. More particularly, claim 25 “solves specific needs and problems over other
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`technologies that existed in 1996.” Declaration of Zaydoon Jawadi (“Jawadi Decl.”) ¶ 22
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`(attached as Exhibit E, and hereby incorporated, in its entirety, by reference herein at paragraph
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`39). Such problems and shortcomings included “controlling and coordinating digital signage
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`displays in concrete, specific ways beyond merely scheduling content to be displayed on remote
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`screens.” Id. More specifically, “[p]rior 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,
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`display devices located in different places.” Id. at ¶ 23. “Content from external information
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`mediators could not be directly displayed; instead, displaying such content required
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`administrative processing and manual intervention to update the display systems.” Id.
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`40.
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`Claim 25 thus expresses certain innovations that are directed to specific
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`implementations of solutions to problems that existed in software that controls digital signage
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`displays. For example, prior to the ’470 Patent, advertisers wanted more flexibility in the display
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`and control of digital signs as well as an increase in the speed of such controls. Advertisers also
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`wanted the ability to dynamically change the message, rather than display the same
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`advertisement during a fixed period. These demands from advertisers were not being met prior to
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`the ’470 Patent.
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`41.
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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
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`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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`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.
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`42.
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`The innovations embodied in claim 25 thus improved the then-existing
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`technological process for controlling electronic displays. These improvements include: (i) an
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`electronic display where an external information mediator can be enabled to dynamically control,
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`in real time, the transmission of display instructions; (ii) displays that can be updated in response
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`to changes in, for example, external conditions and/or information and where such updates can
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`be controlled by an external information mediator; and (iii) an overall display control process
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`that incorporated fundamental flexibility of operation.
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`43.
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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
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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.
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`44.
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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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`means for displaying images and a computerized device situated at each location—limitations
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`that claim 25 does not disclose.” Id.
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`45.
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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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`Case 2:16-cv-00681-JRG Document 34 Filed 09/29/16 Page 15 of 30 PageID #: 387
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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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`46.
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`The inventions embodied in claim 26 also “improved the operation of digital
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`signage that existed in 1996” Id. at ¶ 45. “[C]laim 26 of the ’470 Patent incorporates unique,
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`innovative, non-conventional, non-generic elements.” Id. at ¶ 47. These elements include a
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`“computerized control center[,] . . . means (within the computerized control center) for
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`generating and dynamically updating an exposure list . . . [and] computerized devices” which are
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`situated at “a plurality of locations.” Id. at ¶¶ 40, 47. The computerized devices are
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`“electronically coupled to the computerized control center” and include a means “for displaying
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`images in accordance with the exposure list.” Id. at ¶ 47. The limitations of claim 26 “relate to
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`both the hardware and software technology for digital signage, as well as to the functioning of
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`hardware and software technology for digital signage” and are “manifested in a concrete
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`combination of devices, interfaces, and software, networked together with physical displays
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`viewable by the target audience.” Id. at ¶¶ 41, 49.
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`47.
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`Claim 26 thus expresses certain innovations that are directed to specific systems
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`implementation of solutions to problems that existed in the software that controls digital signage
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`displays. For example, prior to the ’470 Patent, advertisers wanted more flexibility in the display
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`and control of digital signs as well as an increase in the speed of such controls. Advertisers also
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`wanted the ability to dynamically change the message, rather than display the same
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`advertisement during a fixed period. These demands from advertisers were not being met prior to
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`the ’470 Patent.
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`Case 2:16-cv-00681-JRG Document 34 Filed 09/29/16 Page 16 of 30 PageID #: 388
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`48.
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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.
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`49.
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`The innovations embodied in claim 26 thus improved the then-existing systems
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`for controlling electronic