Netflix, Inc. v. Blockbuster, Inc.

Filing 101

Attachment 7

Declaration of Ashok Ramani in Support of 100 Brief Declaration of Ashok Ramani In Support Of Netflix's Opening Claim-Construction Brief filed byNetflix, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7.1# 8 Exhibit 7.2# 9 Exhibit 7.3# 10 Exhibit 8# 11 Exhibit 9# 12 Exhibit 10# 13 Exhibit 11# 14 Exhibit 12# 15 Exhibit 13)(Related document(s)100) (Ramani, Ashok) (Filed on 12/6/2006)

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Netflix, Inc. v. Blockbuster, Inc. Doc. 101 Att. 7 Case 3:06-cv-02361-WHA Document 101-8 Filed 12/06/2006 Page 1 of 10 EXHIBIT 7 (Part 1 of 3) Dockets.Justia.com CaCase 3:06-cv-02361-WHA Document 101-8 se 3:06-cv-02361-WHA Document 31 Filed 07/28/2006 Page 12 of 10 Filed 12/06/2006 Page of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KEKER & VAN NEST, LLP JEFFREY R. CHANIN - #103649 DARALYN J. DURIE - #169825 ASIM M. BHANSALI - #194925 KEVIN T. REED - #240799 710 Sansome Street San Francisco, CA 94111-1704 Telephone: (415) 391-5400 Facsimile: (415) 397-7188 Attorneys for Plaintiff NETFLIX, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA NETFLIX, INC., a Delaware corporation, Plaintiff, v. BLOCKBUSTER, INC., a Delaware corporation, DOES 1-50, Defendant. Case No. C 06 2361 WHA [AMENDED] [CORRECTED] NETFLIX'S DISCLOSURE OF ASSERTED CLAIMS AND PRELIMINARY INFRINGEMENT CONTENTIONS FOR U.S. PATENT NOS. 7,024,381 AND 6,584,450 Complaint filed: April 4, 2006 377955.01 [AMENDED] [CORRECTED] NETFLIX'S DISCLOSURE OF ASSERTED CLAIMS AND PRELIMINARY INFRINGEMENT CONTENTIONS FOR U.S. PATENT NOS. 7,024,381 AND 6,584,450 Case No. C 06 2361 WHA CaCase 3:06-cv-02361-WHA Document 101-8 se 3:06-cv-02361-WHA Document 31 Filed 07/28/2006 Page 23 of 10 Filed 12/06/2006 Page of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Patent L.R. 3-1 and 3-2, Plaintiff Netflix, Inc. ("Netflix") hereby discloses its asserted claims and preliminary infringement contentions and identifies the accompanying document production for U.S. Patent Nos. 7,024,381 (the "'381 Patent") and 6,584,450 (the "'450 Patent"). INTRODUCTION This disclosure is made solely for the purpose of this action. This disclosure is subject to all objections as to competence, relevance, materiality, propriety, and admissibility, and to any and all other objections on any grounds that would require the exclusion of statement contained herein if such disclosure were asked of, or statements contain herein were made by, a witness present and testifying in court, all of which objections and grounds are expressly reserved and may be interposed at the time of trial. Discovery in this matter is still at a very early stage and is ongoing. Indeed, Netflix has still obtained no discovery from Defendant Blockbuster Inc. ("BBI") regarding the BLOCKBUSTER Online� system, or its architecture, its implementation, or its operating software, hardware and other. Netflix's investigation regarding past and present grounds of infringement is ongoing. Netflix's disclosure is given without prejudice to Netflix's right to add to, supplement, amend, or modify its disclosure as additional facts are ascertained, analyses are made, research is completed, and claims are construed. Netflix's disclosure is not and cannot be complete at this time and is subject to revision. PRELIMINARY INFRINGEMENT CONTENTIONS FOR U.S. PATENT NOS. 7,024,381 AND 6,584,450 Netflix's Preliminary Infringement Contentions pursuant to Patent L.R. 3-1(a)-(c) for the `381 Patent and the `450 Patent are provided respectively as Exhibits A and B, wherein each claim that is allegedly infringed is identified [hereinafter "asserted claims"]. Pursuant to Patent L.R. 3-1(d), Netflix contends that each element of each asserted claim listed in Exhibits A and B is literally present in the Accused Methods or Systems based upon the information known to Netflix as of this date. Netflix reserves the right to assert infringement 1 [AMENDED] [CORRECTED] NETFLIX'S DISCLOSURE OF ASSERTED CLAIMS AND PRELIMINARY INFRINGEMENT CONTENTIONS FOR U.S. PATENT NOS. 7,024,381 AND 6,584,450 Case No. C 06 2361 WHA 377955.01 CaCase 3:06-cv-02361-WHA Document 101-8 se 3:06-cv-02361-WHA Document 31 Filed 07/28/2006 Page 34 of 10 Filed 12/06/2006 Page of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 under the doctrine of equivalents after further discovery of BLOCKBUSTER Online�'s methods and systems, and after claims are construed. Pursuant to Patent L.R. 3-1(e), Netflix contends that the asserted claims of the `381 and `450 Patents are entitled to a priority date of at least as early as July 20, 1999. Wishing to preserve its right to rely on the assertion that its own methods and systems practice the claimed invention pursuant to Patent L.R. 3-1(f), Netflix discloses that it practices each asserted claim in both the `391 and `450 Patents. NETFLIX'S DISCLOSURE OF DOCUMENTS Pursuant to Patent L.R. 3-2(a), Netflix has identified documents Bates Nos. NFLIX0018740 through NFLIX0018796. Pursuant to Patent L.R. 3-2(b), Netflix has identified documents Bates Nos. NFLIX0018797 through NFLIX0020927. Pursuant to Patent L.R. 3-2(c), Netflix has produced documents Bates Nos. NFLIX0000001 through NFLIX00002517. Discovery in this matter is still at an early stage and is ongoing. Consequently, Netflix continues to investigate the facts relating to this action. Netflix anticipates that, as this action proceeds, further documents may be discovered, or their significance better understood, and Netflix reserves the right to modify, amend, and/or supplement its responses with such pertinent documents. Dated: July 28, 2006 KEKER & VAN NEST, LLP By: /s/ Daralyn Durie_______ DARALYN DURIE Attorneys for Plaintiff NETFLIX, INC. 2 377955.01 [AMENDED] [CORRECTED] NETFLIX'S DISCLOSURE OF ASSERTED CLAIMS AND PRELIMINARY INFRINGEMENT CONTENTIONS FOR U.S. PATENT NOS. 7,024,381 AND 6,584,450 Case No. C 06 2361 WHA Casas3:06-cv-02361-WHA Document 101-8 Filed 07/28/2006 Page 1 ofof 10 C e e 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page 5 17 EXHIBIT A U.S. PATENT NO. 7,024,381 1. A computer-implemented method for renting movies to customers, the method compnsmg: 1. BLOCKBUSTER OnlinelI (the accused instrumentality) employs a computer-implemented method for renting movies to customers. See ww.blockbuster.com 1a. BLOCKBUSTER OnlinelI provides electronic digital information that causes one or more attributes of movies to be displayed to the customer. providing electronic digital information that causes one or more attbutes of movies to be displayed; "Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster .cfg/php/enduser/std alp.php? Casas3:06-cv-02361-WHA Document 101-8 Filed 07/28/2006 Page 2 ofof 10 C e e 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page 6 17 establishing, in electronic digital form, 1 b. From electronic d�!Ital information received over the Internet, BLOCKBUSTER OnlinelI establishes an 1 U.S. PATENT NO. 7,024,381 from electronic digital information received over the Internet, a movie rental queue associated with a customer comprising an ordered list indicating two or more movies for renting to the customer; "Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster.cfg/php/enduser/std alp. php? lc. BLOCKBUSTER OnlinelI causes to be delivered to the customer up to a specified number of causing to be delivered to the customer up to a specified number of movies based upon the order of the list. movies based upon the order of the list; in response to one or more delivery criteria being satisfied, selecting another movie based upon the order of the list and causing the selected movie to be delivered to the customer; and "BLOCKBUSTER Online~ wil automatically ship titles to a (customer) up to a (customer's) maximum number of outstanding BLOCKBUSTER OnlinelI Rentals, from and in the order that (customers) have listed in (their) rental queue, subject to availability." Selection and Allocation of Product, BLOCKBUSTER Online~ RENTAL TERMS AND CONDITIONS 1d. In response to delivery criteria being satisfied (e.g. receipt ofa movie, report of an issue with a DVD, or the occurrence of a specified date), BLOCKBUSTER Online~ selects another movie based on the order of the list and causes that selected movie to be delivered to the customer. For only $17.99 a month (plus taxes) you can rent all the moiiies you want. Haiie up to 3 DVDs out at a time. Keep the DVDs as long as you want. When you're done with a DVD, just send it back in the proiiided postage paid eniielope. We'll send you another selection from your rental queue. Keep your queue full and keep the moiiies coming. Unlimited DVD Rentals "How it Works", at htt://ww.blockbuster.com/omepages/ displayPage.action ?channel1 =Sign+ In+Sign+Up&channel2=findoutmor Casas3:06-cv-02361-WHA Document 101-8 Filed 07/28/2006 Page 3 ofof 10 C e e 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page 7 17 e&nav=false&cctrhomehowitworks 2 ", U.S. PATENT NO. 7,024,381 "Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster .cfg/php/enduser/std alp. php? in response to other electronic digital information received from the customer over the Internet, electronically updating the movie rental queue. 1 e. In response to electronic digital information received from the customer over the Internet, BLOCKBUSTER OnlinelI electronically updates the movie rental queue. "Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster .cfg/php/enduser/std alp. php? 2. A computer-implemented method as Casas3:06-cv-02361-WHA Document 101-8 Filed 07/28/2006 Page 4 ofof 10 C e e 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page 8 17 recited in Claim 1, wherein updating the movie rental queue comprises changing the order of the two or more movies for rentinl! to the customer. 2. In response to electronic digital information received from the customer over the Internet, BLOCKBUSTER OnlinelI updates the movie rental queue by changing the order of movies contained within the movie rental queue. 3 "I U.S. PATENT NO. 7,024,381 "Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster .cfg/php/enduser/std alp. php? 3. A computer-implemented method as recited in Claim 1, wherein updating the movie rental queue comprises indicating an additional movie in the ordered list. 3. In response to electronic digital information received from the customer over the Internet, BLOCKBUSTER OnlinelI updates the movie rental queue by adding an additional movie to the movie rental queue. "Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster.cfg/php/enduser/std alp. php? 4. A computer-implemented method as recited in Claim 1, wherein updating the movie rental queue comprises removing an indication of one or more of the movies from the ordered list. 4. In response to electronic digital information received from the customer over the Internet, BLOCKBUSTER OnlinelI updates the movie rental queue by removing one or more movies from the movie rental queue. Casas3:06-cv-02361-WHA Document 101-8 Filed 07/28/2006 Page 5 ofof 10 C e e 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page 9 17 "Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinilockbuster.cfg/DhD/enduser/std alD. DhD? 4 U.S. PATENT NO. 7,024,381 5. A computer-implemented method as CaCe se 3:06-cv-02361-WHA Document 101-8 s a 3:06-cv-02361-WHA Document 31 recited in Claim 1, wherein the two or more movies for renting to the customer are selected by the customer. "Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster.cfg/php/enduser/std alp.php? 6. A computer-implemented method as 6. Customers can determine the order of the two or more movies in their movie rental queue by using their recited in Claim 1, further comprising determining the order of the two or more movies based upon one or more priority boxes. Filed 07/28/2006 Page 610 1710 Filed 12/06/2006 Page of of preferences of the customer. 5

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