Netflix, Inc. v. Blockbuster, Inc.

Filing 116

Attachment 3
NOTICE by Blockbuster, Inc.(a Delaware corporation), Blockbuster, Inc.(a Delaware corporation), Blockbuster, Inc. Blockbuster's Amended Preliminary Invalidity Contentions On US Pat. No. 7024381 (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Exhibit F# 7 Exhibit Exhibit G# 8 Exhibit Exhibit H# 9 Exhibit Exhibit I# 10 Exhibit Exhibit J# 11 Exhibit Exhibit K)(Chen, Tony) (Filed on 12/20/2006)

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Case 3:06-cv-02361-WHA Document 116-4 Filed 12/20/2006 Page 1 of 3 BLOCKBUSTER'S AMENDED PRELIMINARY INVALIDITY CONTENTIONS DECEMBER 20, 2006 U.S. PATENT NO. 7,024,381 B1 EXHIBIT C IDENTIFICATION OF PRIOR ART Prior Art Public Use, Public Knowledge, Sales and Offers for Sale1 Public Use 1. Subscript ion-based video rental service with monthly fees that allowed a member to rent as many video cassettes as the member wanted (1 at a time) at no extra cost and keep them for as long as the member wanted without incurring late fees. Video rental service with membership programs that allowed a member to rent 1 or 2 video tapes at a time at no extra cost and keep them for as long as the member wanted, and, upon returning the tapes, the member could receive another 1 or 2 tapes in exchange. Person/Entity Multi-Video, Will Espin Charlotte, North Carolina Date of Use No later than July 1982 Short Name Multi-Video services2 2. Pop*Card, Linda Verin Oklaho ma City, OK No later than January 1985 Pop*Card services3 1 2 Hereafter collectively "Public Use" or "Use." "Multi-Video Article" and "Multi-Video services" are hereinafter referred to collectively as "Multi-Video." 3 "Pop*Card publications" and "Pop*Card services" are hereinafter referred to collectively as "Pop*Card." Dockets.Justia.com Case 3:06-cv-02361-WHA Document 116-4 Filed 12/20/2006 Page 2 of 3 BLOCKBUSTER'S AMENDED PRELIMINARY INVALIDITY CONTENTIONS (U.S. PATENT NO. 7,024,381 B1) Public Use 3. Subscript ion-based video rental service with monthly fees that allowed a member to rent as many video cassettes as the member wanted (1 at a time) at no additional charge. Subscript ion-based video rental service with monthly fees that allowed a member to rent 3 to 7 videos at a time at no extra charge and keep them as long as the member wanted without incurring late fees. Subscript ion-based audio and video tape rental service that allowed a member to rent 2 tapes at a time at no extra charge and keep them as long as the member wanted without incurring late fees. Subscript ion-based financial training courses on computer readable disks, CR-ROMs and video tapes Person/Entity Video Hit Parade Red Bank, NJ Date of Use No later than October 1985 Short Name Video Hit services4 4. Cine Club Video, Jacques-Henri Djian, Guy Deso mbre Manhattan, New York AudioQueue, Duane Ramm, Mark Ramm Covesville, Virginia Bankers Training & Consulting Co., Dean Pichee, Jean Dunaway Talking Book World, Richard Simtob Southfield, Michigan Mult ipost Retail Systems, H a r r y Magerman No later than October 1985 Cine Club services5 5. No later than 1989 AudioQueue services6 6. In the 1980s BTCC 7. Subscript ion-based audio book rental service with quarterly fees that allowed a member to rent 1 to 2 tapes at a time and keep them as long as the member wanted with no late fees. Computer software for video rental services that had reservation features No later than 1994 Talking Book World services7 8. No later than 1995 Video Vendor services8 4 5 "Video Hit Article" and "Video Hit services" are hereinafter referred to collectively as "Video Hit." "Cine Club publication" and "Cine Club services" are hereinafter referred to collectively as "Cine Club." 6 "AudioQueue publication" and "AudioQueue services" are hereinafter referred to collectively as "AudioQueue." 7 "Talking Book World Article" and "Talking Book World services" are hereinafter referred to collectively as "TBW." 8 "Video Vendor User Manual" and "Video Vendor services" are hereinafter referred to collectively as "Video Vendor." EXHIBIT C: IDENTIFICATION OF PRIOR ART (Prior Art Public Use) Page 2 of 3 Case 3:06-cv-02361-WHA Document 116-4 Filed 12/20/2006 Page 3 of 3 BLOCKBUSTER'S AMENDED PRELIMINARY INVALIDITY CONTENTIONS (U.S. PATENT NO. 7,024,381 B1) Public Use 9. Online vehicle rental service with features allowing users to select vehicles and make reservations online Person/Entity Avis Rent A Car Campus Video, Charles Annable Oberlin, Ohio Books on Tape, Duvall Hecht, Ron Pravell Business Training Library St. Louis, Missouri Date of Use No later than May 1996 No later than 1996 Short Name Avis services9 Campus Video services10 Books on Tape services11 Business Training Library services12 10. Video rental store that offered subscription plan (3 out at a time with flat monthly fee) 11. Book rental services that features an ordered list for customers to indicate the order of receiving their desired books 12. Business training program library service that allows members to subscribe to pay a period fee and obtain up to 5 programs at a time and keep them as long as they want and return them for exchange of new programs 13. TV broadcast program storage, distribution and retrieval funct ions 14. Online DVD rental services provided by Netflix No late than February 1997 No later than April 1998 TiVo Netflix Inc. No later than March TiVo services13 1999 No later than April 27, 1999 Netflix service14 9 "Avis publication" and "Avis services" are hereinafter referred to collectively as "Avis." "Campus Video Article" and "Campus Video services" are hereinafter referred to collectively as "Campus Video." 11 "Books On Tape publications" and "Books on Tape services" are hereinafter referred to collectively as "BOT." 12 "Business Training Library Web Pages" and "Business Training Library services" are hereinafter referred to collectively as "BTL." 13 "TiVo publications" and "TiVo services" are hereinafter referred to collectively as "TiVo." 14 "Netflix publications" and "Netflix services" are hereinafter referred to collectively as "Netflix." 10 EXHIBIT C: IDENTIFICATION OF PRIOR ART (Prior Art Public Use) Page 3 of 3

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