Netflix, Inc. v. Blockbuster, Inc.

Filing 101

Netflix, Inc. v. Blockbuster, Inc.

Doc. 101 Att. 8

Case 3:06-cv-02361-WHA

Document 101-9

Filed 12/06/2006

Page 1 of 15

EXHIBIT 7
(Part 2 of 3)

Dockets.Justia.com

U.S. PATENT NO. 7,024,381

binllockbuster.cfg/php/enduser/std alp.php?
7. BLOCKBUSTER OnlinelI provides that "delivery and return of

7. A computer-implemented method as

recited in Claim 1, wherein the delivery of the selected movie comprises delivery

your BLOCKBUSTER Online Rentals wil be via U.S. Postal Service ("USPS")." Delivery and Return of Rented DVDs, BLOCKBUSTER Online~ RENTAL TERMS AND CONDITIONS
8. BLOCKBUSTER Online(É ships optical media (i.e. DVDs) "via U.S. Postal Service ("USPS")." Delivery and Return of Rented DVDs, BLOCKBUSTER OnlinelI RENTAL TERMS AN CONDITIONS

by maiL.

8. A computer-implemented method as

recited in Claim 1, wherein the delivery of the selected movie comprises delivery by mail on one or more optical media.
9. Receipt ofa retued movie by mail is a delivery criteria.

9. A computer-implemented method as

recited in Claim 1, wherein the delivery criteria comprises receipt of the movie by

Unlimited DVD Rentals

maiL.

For only $17.99 a month (pius 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.

"How it Works", at
http://ww.blockbuster.com/homepages/displayPage.action ?channell =Sign+ In+Si gn+Up&channe12=findoutmor
e&na v=fàlse&cctr=homehowitworks

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"Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster.cfir/php/ enduser/ std alp. php?

6

U.S. PATENT NO. 7,024,381

10. BLOCKBUSTER OnlinelI requires that that the number of

movies delivered to the customer and not yet

retued does not exceed the specified number of outstanding rentals allowed.

"If you have the maximum number of additional movies wil be shipped until you return one

10. A computer-implemented method as recited in Claim 1, wherein a number of movies delivered to the customer and not yet returned does not exceed the specified number.

BLOCKBUSTER Online Rentals allowed by your plan checked out, no or more of the BLOCKBUSTER Online Rentals." Selection and Allocation of Product, BLOCKBUSTER Online(ß RENTAL TERMS AN CONDITIONS

11. A method as recited in claim 1, wherein the other electronic digital information indicates one or more delivery criteria being satisfied.

11. In response to an indication that one or more delivery criteria has been satisfied (e.g. problem notifications that a DVD is damaged, unplayable, or never received), BLOCKBUSTER OnlinelI electronically updates the movie rental queue.

"Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster.cfg/php/enduser/std alp. php?

12. A method as recited in claim 1, wherein the other electronic digital information comprises one or more

12. In response to receiving one or more selection criteria (e.g. an additional selected DVD title), BLOCKBUSTER Online(ß electronically updates the movie rental queue.

Casas3:06-cv-02361-WHA Document 101-9 Filed 07/28/2006 Page 8 ofof 15 C e e 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page 3 17

selection criteria.

7

U.S. PATENT NO. 7,024,381

"Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster.cfg/php/enduser/std alp.php?

13. A method as recited in claim 1, wherein the movies comprise any of motion pictures, television series,

13. BLOCKBUSTER OnlinelI offer a wide array of movie genres to rent.

More Than 50,000 Titles, Including New Releases
BLOCKBUSTER,

documentaries, cartoons, music videos,

Our online DVD library has more than 50,000 titles, and it's growing eiiery week, You'll find

video recordings of concert performances, instrctional programs,

fitness workouts, and. of course, the hottest new releases you'iie come to expect from

classic cinema, modern faiiorites. teleiiision shows. children's programming, health and

and educational programs.

See "How it Works", at
htt://ww.blockbuster.com/omepages/ displayPage.action ?channel1 =Sign+In+Sign+Up&channe12=findoutror

e&nav=false&cctrhomehowitworks
14. See Contention 1.

14. A computer-implemented method for renting movies to customers, the
14a. See Contention 1 a.

method comprising:

providing electronic digital information

that causes one or more attbutes of
14b. See Contention lb.

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movies to be displayed; establishing, in electronic digital form, 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; causing to be delivered to the customer up to a specified number of movies based uoon the order of the list, wherein the

l4c. BLOCKBUSTER Online~ does not require the customer to return the movies within a specified time associated with delivery.

8

U.S. PATENT NO. 7,024,381

customer is not required to retu the

movies within a specified time associated with delivery;
No Return Dates BLOCKBUSTER Onlinel rental members can keep DVDs out as long as the'i want. There are

"You may keep BLOCKBUSTER Online Rentals as long as you choose during your Membership Term, for no charge other than the applicable periodic (membership fee)." Membership Plans, BLOCKBUSTER OnlinelI RENTAL TERMS AN CONDITIONS

neiier an'i due dates. Watch the DVD when it's coniienient for 'Iou and send it ba.ck onl'i

when 'Iou are read'i for a new selection.

See "How it Works", at
htt://ww.blockbuster.com/omepages/ displayPage.action ?channel1 =Sign+ In+Sign+Up&channe12=findoutmor

e&nav=false&cctrhomehowitworks
14d. See Contention 1 d.

14e. See Contention 1e.

15. See Contention 2.

16. See Contention 3.

17. See Contention 4.

CCsee 3:06-cv-02361-WHA Document 101-9 Filed 07/28/2006 Page 105 of 15 aas 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page of 17

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 in response to other electronic digital information received from the customer over the Internet, electronically updating the movie rental queue. 15. A computer-implemented method as recited in Claim 14, wherein updating the movie rental queue comprises changing the order of the two or more movies for renting to the customer. 16. A computer-implemented method as recited in Claim 14, wherein updating the movie rental queue comprises indicating an additional movie in the ordered list. 17. A computer-implemented method as recited in Claim 14, wherein updating the movie rental queue comprises removing an indication of one or more of the movies from the ordered list. 18. A computer-implemented method as recited in Claim 14, wherein the two or
18. See Contention 5.

9

U.S. PATENT NO. 7,024,381

more movies for renting to the customer are selected by the customer. 19. A computer-implemented method as I 19. See Contention 6. recited in Claim 14, further comprising determining the order of the two or more movies based upon one or more

,references of

the customer.

20. A computer-implemented method as I 20. See Contention 7. recited in Claim 14, wherein the delivery of the selected movie comprises delivery

by maiL.

21. A computer-implemented method as I 21. See Contention 8. recited in Claim 14, wherein the delivery of the selected movie comprises delivery by mail on one or more optical media.

22. A computer-implemented method as I 22. See Contention 9. recited in Claim 14, wherein the delivery criteria comprises receipt of the movie by

maiL.

23. A computer-implemented method as I 23. See Contention 10. recited in Claim 14, wherein a number of movies delivered to the customer and not

yet retued does not exceed the

specified number.

24. A computer-implemented method I 24. See Contention 1.

for renting movies to customers, the

method comprising:

CCsee 3:06-cv-02361-WHA Document 101-9 Filed 07/28/2006 Page 116 of 15 aas 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page of 17

providing electronic digital information I 24a. See Contention 1 a. that causes one or more attbutes of movies to be displayed; establishing, in electronic digital form, I 24b. See Contention lb. from electronic digital information received over the Internet, a movie rental queue associated with a customer

comDrisinl! an ordered list indicatinl! two

10

U.S. PATENT NO. 7,024,381

or more movies for renting to the customer;

24c. BLOCKBUSTER OnlinelI does not a fee for retaining one of more movies beyond a specified time up to a specified number of movies based associated with delivery beyond the applicable monthly subscription rate. upon the order of the list, wherein the customer is not charged a fee for "You may keep BLOCKBUSTER Online Rentals as long as you choose during your Membership Term, for no retaining one or more movies beyond a charge other than the applicable periodic (membership fee)." Membership Plans, BLOCKBUSTER OnlinelI specified time associated with delivery; RENTAL TERMS AN CONDITIONS
No Extended Viewing Fees or Late Fees
As a BLOCKBUSTER Online(§ rental member, you pay a flat monthly rate. There are no extended 'Jiewing fees or late fees on DVDs rented online.

causing to be delivered to the customer .

See "How it Works", at
htt://ww.blockbuster.comlomepages/ displayPage.action ?channel1 =Sign+ In+Sign+Up&channe12=findoutmor

e&nav=false&cctrhomehowitworks
24d. See Contention 1d.

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 in response to other electronic digital information received from the customer over the Internet, electronically updating the movie rental queue.
24e. See Contention 1e.
25. See Contention 2.

25. A computer-implemented method as

recited in Claim 24, wherein updating the movie rental queue comprises changing the order of the two or more movies for renting to the customer.
26. See Contention 3.

26. A computer-implemented method as

recited in Claim 24, wherein updating the movie rental queue comprises indicating an additional movie in the ordered list.
27. See Contention 4.

27. A computer-implemented method as

CCsee 3:06-cv-02361-WHA Document 101-9 Filed 07/28/2006 Page 127 of 15 aas 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page of 17

recited in Claim 24, wherein uodatinl! the

11

iil.

U.S. PATENT NO. 7,024,381

movie rental queue comprises removing an indication of one or more of the movies from the ordered list. 28. A computer-implemented method as I 28. See Contention 5. recited in Claim 24, wherein the two or more movies for renting to the customer are selected by the customer. 29. A computer-implemented method as I 29. See Contention 6. recited in Claim 24, furher comprising determining the order of the two or more movies based upon one or more ¡references of the customer. 30. A computer-implemented method as I 30. See Contention 7. recited in Claim 24, wherein the delivery of the selected movie comprises delivery

by maiL.

31. A computer-implemented method as I 31. See Contention 8. recited in Claim 24, wherein the delivery of the selected movie comprises delivery by mail on one or more optical media. 32. A computer-implemented method as I 32. See Contention 9. recited in Claim 24, wherein the delivery criteria comprises receipt of the movie by

mail

33. A computer-implemented method as I 33. See Contention 10. . recited in Claim 24, wherein a number of movies delivered to the customer and not yet returned does not exceed the specified number.

34. A computer-implemented method I 34. See Contention 1.

for renting movies to customers, the

CCsee 3:06-cv-02361-WHA Document 101-9 Filed 07/28/2006 Page 138 of 15 aas 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page of 17

method comorisin!!:

12

"I

U.S. PATENT NO. 7,024,381

establishing over the Internet a rental agreement with a customer that provides for charging the customer a periodic fee;

34a. BLOCKBUSTER OnlineQl requires customers to enter into an online rental agreement that provides for charging the customer a periodic fee. "You agree to pay the applicable periodic membership fees (plus taxes) in accordance with your Payment Method issuer agreement, if applicable." How to Subscribe, BLOCKBUSTER OnlineQl RENTAL TERMS AND CONDITIONS
34b. See Contention 1a.

34b. See Contention lb.

34c. See Contention 1c.

34d. See Contention 1 d.

providing electronic digital information that causes one or more attbutes of movies to be displayed; establishing, in electronic digital form, 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; causing to be delivered to the customer up to a specified number of movies based upon the order of the list; in response to one or more delivery criteria being satisfied, if the customer is current on the periodic fee, selecting another movie based upon the order of the list and causing the selected movie to be delivered to the customer; and in response to other electronic digital information received from the customer over the Internet, electronically updating the movie rental queue.
34e. See Contention 1e.
35. See Contention 2.

35. A computer-implemented method as

CCsee 3:06-cv-02361-WHA Document 101-9 Filed 07/28/2006 Page 149 of 15 aas 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page of 17

recited in Claim 34, wherein updating the movie rental queue ,comprises changing , the order of the two or more movies for renting to the customer.
36. See Contention 3.

36. A comDuter-imDlemented method as

13

U.S. PATENT NO. 7,024,381

recited in Claim 34, wherein updating the movie rental queue comprises indicating an additional movie in the ordered list. 37. A computer-implemented method as I 37. See Contention 4. recited in Claim 34, wherein updating the movie rental queue comprises removing an indication of one or more of the movies from the ordered list. 38. A computer-implemented method as I 38. See Contention 5. recited in Claim 34, wherein the two or more movies for renting to the customer are selected by the customer. 39. A computer-implemented method as I 39. See Contention 6. recited in Claim 34, further comprising determining the order of the two or more movies indicated by the movie rental queue based upon preferences of the customer. 40. A computer-implemented method as I 40. See Contention 7. recited in Claim 34, wherein the delivery of the selected movie comprises delivery

by maiL.

41. A computer-implemented method as I 41. See Contention 8. recited in Claim 34, wherein the delivery of the selected movie comprises delivery by mail on one or more optical media. 42. A computer-implemented method as I 42. See Contention 9. recited in Claim 34, wherein the receipt of the movie previously delivered to the

customer comprises receipt by maiL.

43. A computer-implemented method as I 43. See Contention 10. recited in Claim 34, wherein a number of movies delivered to the customer and not yet returned does not exceed the

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sDecified number.

14

U.S. PATENT NO. 7,024,381

44. A computer system for renting
44. BLOCKBUSTER Online(É employs a computer-system for renting movies to customers.

movies to customers, comprising:

44a. BLOCKBUSTER Onlinet,'s computer system comprises a computer that is coupled to digital telecommunications network by a digital telecommunications link.
44b. BLOCKBUSTER OnlinelI computer system comprises an electronic digital memory in the computer. 44c. BLOCKBUSTER OnlinelI's computer system comprises one or more sequences of computer program instrctions stored in the electronic digital memory which, when executed, cause the computer(s) to perform the steps necessary to facilitate the DVD rental servce as described above in claim 1.

a computer that is coupled to a digital telecommunications network by a digital telecommunications link; an electronic digital memory in the computer; one or more sequences of computer program instrctions stored in the electronic digital memory which, when executed, cause the computer to perform

the steps of:

44d. See Contention 1 a.

44e. See Contention lb.

providing electronic digital information that causes one or more attbutes of movies to be displayed; establishing, in electronic digital form, 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; causing to be delivered to the customer up to a specified number of movies based
44f. See Contention 1c.

upon the order of

the list;
44g. See Contention 1d.

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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 in response to other electronic digital information received from the customer over the Internet, electronically updating the movie rental queue. 45. A comDuter svstem as recited in
44h. See Contention 1e.
45. See Contention 2.

15

U.S. PATENT NO. 7,024,381

Claim 44, wherein the other electronic digital information specifies changing the order of the two or more movies for renting to the customer.

46.. A computer system as recited in I 46. See Contention 3.

Claim 44, wherein the other electronic digital information specifies an additional movie to add to the ordered

list.

47. A computer system as recited in I 47. See Contention 4.

Claim 44, wherein the other electronic digital information specifies removing an indication of one or more of the movies from the ordered list.

48. A computer system as recited in I 48. See Contention 7.

Claim 44, wherein the delivery of

the selected movie comprises delivery by

maiL.

49. A computer system as recited in I 49. See Contention 8.

Claim 44, wherein the delivery of the selected movie comprises delivery by mail on one or more optical media.

50. A computer system as recited in I 50. See Contention 9.

Claim 44, wherein the delivery criteria

comprise receipt by maiL.

51. A computer system as recited in I 51. See Contention 10.

Claim 44, wherein a number of movies delivered to the customer and not yet

retued does not exceed the specified

Casas3:06-cv-02361-WHA Document 101-9 Filed 07/28/2006 Page 17 ofof 15 C e e 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page 12 17

number.

16

CaCe se 3:06-cv-02361-WHA Document 101-9 s a 3:06-cv-02361-WHA Document 31

Filed 07/28/2006 Page 113 1515 Filed 12/06/2006 Page of of

EXHIBIT B

u.s. PATENT NO. 6,584,450

1. A method for renting items to customers, the method comprising the computer-implemented steps of:

1. BLOCKBUSTER OnlineCI (the accused instrumentality) employs a computer-implemented method for renting DVDs to customers.

See ww.blockbuster.com
Ia. BLOCKBUSTER OnlineiI receives one or more item selection criteria (e.g., DVD title selections) from customers that indicate two or more DVDs the customer desires to rent.

receiving one or more item selection criteria that indicates two or more items

CaCe se 3:06-cv-02361-WHA Document 101-9 s a 3:06-cv-02361-WHA Document 31

that a customer desires to rent;

"Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster.cfg/php/enduser/std alp. php?

providing to the customer up to a specified number of the two or more items indicated

1 b. BLOCKBUSTER OnlineCI provides to the customer up to a specified number of the DVDs selected by the customer.

by the one or more item selection criteria;

and

"BLOCKBUSTER OnlineCI wil automatically ship titles to a (customer) up to a (customer's) maximum number
of outstanding BLOCKBUSTER OnlineCI Rentals, from and in the order that (customers) have listed in . (their)
rental queue, subject to availability." Selection and Allocation of

TERMS AN CONDITIONS.

Product, BLOCKBUSTER OnlineCI RENTAL

in response to receiving any of the items provided to the customer, providing to the customer one or more other items indicated

Ic. In response to receiving any of the items provided to the customer, BLOCKBUSTER OnlineCI sends to the customer other DVD titles selected by the customer wherein the total current number DVD titles provided to the customer does not exceed the specified number of outstanding rentals allowed.

by the one or more item selection criteria,
For only $17.99 a month (plus taxes) you can rent all the movies you want. Have 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 provided postage paid envelope. We'll send you another selection from your rental queue. Keep your queue full and keep the movies coming.

Filed 07/28/2006 Page 214 1515 Filed 12/06/2006 Page of of

wherein a total current number of items provided to the customer does not exceed the specified number.

Unlimited DVD Rentals

372499.03

1

u.s. PATENT NO. 6,584,450
See Contention "How it Works", at
htt://ww.blockbuster.comlomepages/ displayPage.action?channeII =Sign+ In+Sign+Up&channeI2=findoutmore

CaCe se 3:06-cv-02361-WHA Document 101-9 s a 3:06-cv-02361-WHA Document 31

2. A method as recited in claim 1, wherein a total number of items provided to the customer within a specified period of time does not exceed a specified limit.

&nav=false&cctrhomehowitworks 2. BLOCKBUSTER OnlineiI offers "limited" rental plans wherein the total number of items provided to a customer every month may not exceed a specific limit. BLOCKBUSTER OnlineCI offers a limited plan whereby BLOCKBUSTER OnlineiI provides only 1 of the DVD titles selected by the customer at a time and only 3 DVD titles total per month.

:/ /ww.blockbuster.com/acctm.

Filed 07/28/2006 Page 315 1515 Filed 12/06/2006 Page of of

4. A method as recited in claim 1, wherein the one or more item selection criteria indicates a desired order for the two or more items that a customer desires to rent,

4. See Contention 1. 4a. BLOCKBUSTER OnlineCI receives from customers a desired order in which customers wish to receive the DVD titles they desire to rent.

372499.03

2