Netflix, Inc. v. Blockbuster, Inc.

Filing 101

Attachment 9

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. 9 Case 3:06-cv-02361-WHA Document 101-10 Filed 12/06/2006 Page 1 of 13 EXHIBIT 7 (Part 3 of 3) Dockets.Justia.com u.s. PATENT NO. 6,584,450 "Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster .cfg/php/enduser/std alp. php? 4b. BLOCKBUSTER OnlineiI provides to the customer up to a specified number of selected items in the order specified by the customer. "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 availabilty." Selection and Allocation of Product, BLOCKBUSTER OnlineCI RENTAL TERMS AN CONDITIONS the items provided to the customer, BLOCKBUSTER OnlineCI wil provide to the customer other selected items in the order specified by the customer. 4c. In response to receiving any of the step of providing to the customer up to a specified number of the two or more items indicated by the one or more item selection criteria includes providing to the customer up to a specified number of the two or more items indicated by the one or more item selection criteria in the desired order indicated by the item selection criteria, and the step of providing to the customer one or more other items indicated by the one or more item selection criteria includes providing to the customer one or more other items indicated by the one or more item selection criteria in the desired order indicated by the one or more item selection criteria. Unlimited DVD Rentals 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. See Contention "How it Works", at htt://ww.blockbuster.comlomepages/ displayPage.action?channel 1 =Sign+ In+Sign+Up&channeI2=findoutmore &nav=false&cctrhomehowitworks 5. If an item is not available, BLOCKBUSTER OnlineCI provides another of CaCe se 3:06-cv-02361-WHA Document 101-10 Filed 07/28/2006 Page 4 of 1513 s a 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page 2 of 5. A method as recited in claim 4, furher comprising if a particular item from the one or more items indicated by the one or more item selection criteria is not desired order indicated by the customer. the selected items based upon the 372499.03 3 "I u.s. PATENT NO. 6,584,450 available, then providing another item from the one or more items based upon the desired order indicated by the one or more item selection criteria "Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster.cfg/php/enduser/std_ alp. php? 7. A method as recited in claim 1, furher 7. See Contention 1. comprising: establishing, based upon the one or more item selection criteria, an item rental queue for the customer, wherein the item rental 7a. BLOCKBUSTER OnlineiI establishes a DVD rental queue for the customer that contains entres that specify the DVDs that the customer desires to rent. queue contains one or more entres that specify the two or more items that the customer desires to rent; and CaCe se 3:06-cv-02361-WHA Document 101-10 Filed 07/28/2006 Page 5 of 1513 s a 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page 3 of in response to receiving back any of the items provided to the customer, selecting the one or more other items from the item rental queue. "Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinl lockbuster. cfg/php/ enduser/ std alp. php? 7b. In response to receiving back any of the DVDs provided to the customer, BLOCKBUSTER OnlineCI selects another DVD from the DVD rental queue to send 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 372499.03 4 u.s. PATENT NO. 6,584,450 See Contention "How it Works", at htt://ww.blockbuster.com/omepages/ displayPage.action?channel 1 =Sign+ In+Sign+Up&channel2=findoutmore 8. A method as recited in claim 1, further comprising in response to receiving a customer notification, providing to the customer a second set of one or more other items indicated by the one or more item &nav=false&cctrhomehowitworks 8. In response to receiving a customer notification (e.g. that a DVD is damaged, unplayable, or never received), BLOCKBUSTER OnlineiI, wil provide one or more other DVDs selected by the customer. selection criteria. "Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster.cfg/php/enduser/std _ alp.php? CaCe se 3:06-cv-02361-WHA Document 101-10 Filed 07/28/2006 Page 6 of 1513 s a 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page 4 of 372499.03 5 "I u.s. PATENT NO. 6,584,450 DVDs provided to a customer every month may not exceed 3 in number. Upon the expiration of the monthly subscription period, BLOCKBUSTER OnlineCI wil provide one or more other DVDs selected by the customer ifthe customer has an 9. BLOCKBUSTER OnlineCI offers a "limited" rental plan wherein the total number of 9. A method as recited in claim 1, further comprising in response to expiration of a specified amount of time, providing to the customer a second set of one or more other items indicated by the one or more item selection criteria. open rental slot. CaCe se 3:06-cv-02361-WHA Document 101-10 Filed 07/28/2006 Page 7 of 1513 s a 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page 5 of 372499.03 6 1.1, u.s. PATENT NO. 6,584,450 10. BLOCKBUSTER OnlineCI offers a "limited" rental plan wherein the total number of DVDs provided to a customer every month may not exceed 3 in number. Upon the first date of the subsequent monthly subscription period, BLOCKBUSTER OnlineCI wil provide one or more other DVDs selected by the customer if the customer has an open rental slot. 10. A method as recited in claim 1, further comprising in response to a specified date being reached, providing to the customer a second set of one or more other itemS indicated by the one or more item selection criteria. 11. In response to receipt of payment from a customer who has upgraded to a plan with higher rental maximums, BLOCKBUSTER OnlineiI provides the customer one or more DVDs selected by the customer. Modifying of BLOCKBUSTER Online Memberships, BLOCKBUSTER OnlineCI RENTAL TERMS AND CONDITIONS 11. A method as recited in claim 1, further comprising in response to a specified fee being received, providing to the customer a second set of one or more other items indicated by the one or more item selection criteria. CaCe se 3:06-cv-02361-WHA Document 101-10 Filed 07/28/2006 Page 8 of 1513 s a 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page 6 of 12. A method as recited in claim 1, wherein items are provided to the customer "Delivery and return of 12. BLOCKBUSTER OnlineCI provides items to the customer by maiL. your BLOCKBUSTER Online Rentals wil be via U.S. Postal Service ("USPS"). bv maiL. 372499.03 7 u.s. PATENT NO. 6,584,450 Delivery and Return of Rented DVDs, BLOCKBUSTER OnlineCI RENTAL TERMS AND CONDITIONS 13. BLOCKBUSTER OnlineCI provides items to the customer by a delivery agent "Delivery and return of your BLOCKBUSTER Online Rentals wil be via U.S. Postal Service ("USPS"). 13. A method as recited in claim 1, wherein items are provided to the customer by a delivery agent. 14. See Contention 1. 14a. See Contention 1. Delivery and Return of Rented DVDs, BLOCKBUSTER OnlineCI RENTAL TERMS AND CONDITIONS 14b. See Contention Ia. 14c. See Contention Ia. 14. A method as recited in claim 1, wherein: the two or more items are two or more movies, the one or more item selection criteria are one or more movie selection criteria, the step of receiving one or more item selection criteria that indicates two or more items that a customer desires to rent includes receiving one or more movie selection criteria that indicates two or more movies that a customer desires to rent, the step or providing to the customer up to 14d. See Contention lb. a specified number of the one or more CaCe se 3:06-cv-02361-WHA Document 101-10 Filed 07/28/2006 Page 9 of 1513 s a 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page 7 of items indicated by the one or more item selection criteria includes providing to the customer up to a specified number of the two or more movies indicated by the one or more movie selection criteria, and the step of in response to receiving any of the items provided to the customer, providing to the customer one or more other items indicated by the one or more item selection criteria, wherein a total current number of items provided to the customer does not exceed the specified number includes in response to receiving any of the movies provided to the customer, providing to the customer one or more other movies indicated by the one or more movie selection criteria, wherein a 14e. See Contention Ic. 372499.03 8 u.s. PATENT NO. 6,584,450 16. See Contention 1. total current number of movies provided to the customer does not exceed the specified number. 16. A method for renting items to customers, the method comprising the computer-implemented steps of: receiving one or more item selection criteria that indicates two or more items 16a. See Contention 1 a. that a customer desires to rent; providing to the customer up toa specified 16b. See Contention lb. number of the two or more items indicated by the one or more item selection criteria; and in response to receiving any of the items provided to the customer, providing to the customer one or more other items indicated 16c. BLOCKBUSTER OnlineiI offers a "limited" rental plans wherein the total number of DVDs provided to a customer every month mav not exceed 3 in number. by the one or more item selection criteria, Casas3:06-cv-02361-WHA Document 101-10 Filed 07/28/2006 Page 10 ofof 13 C e e 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page 8 15 wherein a total number of items provided to the customer within a specified period of time does not exceed a specified limit. 372499.03 9 u.s. PATENT NO. 6,584,450 19. See Contention 16. 19a. See Contention 4a. 19b. See Contention 4b. 19c. See Contention 4c. 20. See Contention 5. 22. See Contention 16. 19. A method as recited in claim 16, wherein the one or more item selection criteria indicates a desired order for the two or more items that a customer desires to rent, the step of providing to the customer up to a specified number of the two or more items indicated by the one or more item selection criteria includes providing to the customer up to a specified number of the two or more items indicated by the one or more item selection criteria in the desired order indicated by the one or more item selection criteria, and the step of providing to the customer one or more other items indicated by the one or more item selection criteria includes providing to the customer one or more other items indicated by the one or more item selection criteria in the desired order indicated by the one or more item selection criteria. 20. A method as recited in claim 19, further comprising if a partcular item from the two or more items indicated by the one or more item selection criteria is not available, then providing another item from the two or more items based upon the desired order indicated by the one or more item selection criteria. 22. A method as recited in claim 16, further comprising establishing, based upon the one or more item selection criteria, an item rental queue for the customer, wherein the item rental queue contains one or more entries that 22a. See Contention 7a. Casas3:06-cv-02361-WHA Document 101-10 Filed 07/28/2006 Page 11 ofof 13 C e e 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page 9 15 372499.03 10 u.s. PATENT NO. 6,584,450 22b. See Contention 7b. specified the two or more items that the customer desires to rent; and in response to receiving back any of the items provided to the customer, selecting the one or more other items from the item rental queue. 23. A method as recited in claim 16, further comprising in response to receiving a customer notification, providing to the customer a second set of one or more other items indicated by the one or more item 23. See Contention 8. selection criteria. 24. See Contention 9. . 25. See Contention 10. 26. See Contention 11. 24. A method as recited in claim 16, further comprising in response to expiration of a specified amount of time, providing to the customer a second set of one or more other items indicated by the one or more item selection criteria. 25. A method as recited in claim 16, further comprising in response to a specified date being reached, providing to the customer a second set of one or more other items indicated by the one or more item selection criteria. 26. A method as recited in claim 16, fuher comprising in response to a specified fee being received, providing to the customer a second set of one or more other items indicated by the one or more item selection criteria. 27. A method as recited in claim 16, wherein items are provided to the customer 27. See Contention 12. 28. See Contention 13. bv maiL. CaCe se 3:06-cv-02361-WHA Document 101-10 Filed 07/28/2006 Page 1210 1513 s a 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page of of 28. A method as recited in claim 16, wherein items are provided to the customer by a delivery agent. 372499.03 11 u.s. PATENT NO. 6,584,450 29. See Contention 16. 29a. See Contention 14a. 29b. See Contention 14b. 29. A method as recited in claim 16, wherein: the two or more items are two or more movies, the one or more item selection criteria are one or more movie selection criteria, the step of receiving one or more item selection criteria that indicates two or more items that a customer desires to rent includes receiving one or more movie selection criteria that indicates two or more 29c. See Contention 14c. movies that a customer desires to rent, 29d. See Contention 14d. CaCe se 3:06-cv-02361-WHA Document 101-10 Filed 07/28/2006 Page 1311 1513 s a 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page of of the step of providing to the customer up to a specified number of the one or more items indicated by the one or more item selection criteria includes providing to the customer up to a specified number of the two or more movies indicated by the one or more movie selection criteria, and the step of in response to receiving any of the items provided to the customer, providing to the customer one or more other items indicated by the one or more item selection criteria, wherein a total number of items provided to the customer within a specified period of time does not exceed a specified limit includes in response to receiving any of the movies provided to the customer, providing to the customer one or more other movies indicated by the one or more movie selection criteria, wherein a total number of items provided to the customer within a specified period of time does not exceed a specified limit. 31. A method for renting movies to 2ge. See Contention 14e. 31. See Contention 1. 372499.03 12 u.s. PATENT NO. 6,584,450 3Ia. See Contention Ia. 31 b. See Contention lb. 3Ic. See Contention Ic. 32. See Contention 31. 32a. See Contention 4a. 32b. See Contention 4b. customers, the method comprising the computer-implemented steps of: receiving one or more movie selection criteria from a customer that indicates two or more movies that the customer desires to rent; providing to the customer up to a specified number of the two or more movies indicated by the one or more movie selection criteria; and in response to a return of any of the movies provided to the customer, providing to the customer one or more other movies indicated by the one or more movie selection criteria, wherein a total current number of movies provid.ed to the customer does not exceed the specified number. 32. A method as recited in claim 31, wherein the one or more movie selection criteria specifies an order in which the customer desires to receive the movies, the step of providing to the customer up to a specified number of the two or more movies indicated by the one or more movie selection criteria includes providing to the customer up to a specified number of the two or more movies indicated by the move selection criteria in the order specified by the one or more movie selection criteria, and the step of providing to the customer one or more other movies specified by the one or more movie selection criteria includes providing to the customer one or more 32c. See Contention 4c. CaCe se 3:06-cv-02361-WHA Document 101-10 Filed 07/28/2006 Page 1412 1513 s a 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page of of 372499.03 13 u.s. PATENT NO. 6,584,450 other movies specified by the one or more movie selection criteria in the order specified by the one or more movie 34. See Contention 12. selection criteria. CaCe se 3:06-cv-02361-WHA Document 101-10 Filed 07/28/2006 Page 1513 1513 s a 3:06-cv-02361-WHA Document 31 Filed 12/06/2006 Page of of 34. A method as recited in claim 31, wherein movies are provided to the customer by mail 35. A method as recited in claim 31, wherein movies are provided to the customer by a delivery agent. 35. See Contention 13. 372499.03 14

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