Netflix, Inc. v. Blockbuster, Inc.

Filing 155

Attachment 3

Declaration Of Eugene M. Paige In Support Of Netflix's Motion To Compel The Production Of Documents From Blockbuster, Inc. filed byNetflix, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B1# 3 Exhibit B2# 4 Exhibit B3# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F# 9 Exhibit G# 10 Exhibit H# 11 Exhibit I# 12 Exhibit J# 13 Exhibit K# 14 Exhibit L# 15 Exhibit M)(Paige, Eugene) (Filed on 3/2/2007)

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Netflix, Inc. v. Blockbuster, Inc. Doc. 155 Att. 3 Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 1 of 31 EXHIBIT B (Part 2 of 3) Dockets.Justia.com Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 2 of 31 documents sufficient to reasonably describe the development of Blockbuster Online and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 32: DOCUMENTS sufficient to describe fully the corporate organization of BLOCKBUSTER and each of its divisions, subdivisions, units, subsidiaries or affiliates, including but not limited to organizational charts, personnel directories, telephone directories, and electronic mail user and address lists. RESPONSE TO REQUEST FOR PRODUCTION NO. 32: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the term "BLOCKBUSTERONLINE." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe the corporate organization of Blockbuster Inc. since 2004 and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 33: DOCUMENTS sufficient to identify each and every BLOCKBUSTER officer, manager, director, agent, and employee who had responsibility for, or who ALSCHULER GROSSMAN STEIN 8. KAHAN LLP 30 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 3 of 31 was assigned to implement, the design, research, development, testing, and operation of BLOCKBUSTERONLINE. RESPONSE TO REQUEST FOR PRODUCTION NO. 33: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER and "BLOCKBUSTERONLINE." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably identify employees of Blockbuster Online and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 34: All DOCUMENTS RELATING TO agreements between BLOCKBUSTER and any consultant, including but not limited to ACCENTURE, IBM, and David Perkovich, to provide consultation services or products to BLOCKBUSTER relating to the development or operation of BLOCKBUSTERONLINE. RESPONSE TO REQUEST FOR PRODUCTION NO. 34: Each of Blockbuster's General Objections is incorporated here by I 1 ALSCHULER GROSSMAN STEIN & KAHAN LLP reference. Blockbuster specifically objects to this request to the extent it seeks 31 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 4 of 31 documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER," "BLOCKBUSTERONLINE," "ACCENTURE," "IBM," and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe any agreements by Blockbuster Inc. for consulting services provided by Accenture, IBM, and David Perkovich for Blockbuster Online and will produce such documents so located that have not already been produced in this case. REOUEST FOR PRODUCTION NO. 35: All DOCUMENTS exchanged between BLOCKBUSTER and any consultant, including but not limited to ACCENTURE, IBM, and David Perkovich, in connection with any agreement to provide consulting services or products to BLOCKBUSTER relating to the development or operation of BLOCKBUSTERONLINE. RESPONSE TO REQUEST FOR PRODUCTION NO. 35: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster hrther ALSCHULER GROSSMAN STEIN & KAHAN LLP 32 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 5 of 31 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 ALSCHULER GROSSMAN STEIN 8 KAHAN LLP specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER," "BLOCKBUSTERONLINE," "ACCENTURE," and "IBM." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe consulting services provided by Accenture, IBM, and David Perkovich for Blockbuster Online and will produce such documents so located that have not already been produced in this case. REOUEST FOR PRODUCTION NO. 36: DOCUMENTS sufficient to identify the employees, contractors, or agents of any consultant, including but not limited to ACCENTURE, IBM and DVDRentalCentral, who provided any information or performed any service for BLOCKBUSTER in connection with the design, research, development, testing, marketing, and operation of BLOCKBUSTERONLINE. RESPONSE TO REQUEST FOR PRODUCTION NO. 36: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. 33 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 6 of 31 The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER," "BLOCKBUSTERONLINE," "ACCENTURE," and "IBM." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product reasonably identify employees of Accenture, IBM, and David Perkovich who are known to Blockbuster Inc. to have had significant involvement in providing consulting services for Blockbuster Online and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 37: All DOCUMENTS RELATING TO the consideration by BLOCKBUSTER, or by any consultant retained in connection with developing or operating BLOCKBUSTERONLINE, of NETFLIX's ON-LINE rental system, products, services, website, or methods. RESPONSE TO REQUEST FOR PRODUCTION NO. 37: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. I The bases for these objections include, without limitation, this request's use of the terms bbBLOCKBUSTER," "BLOCKBUSTERONLINE," "NETFLIX," and "ONLINE." Subject to and without waiving the foregoing objections, Blockbuster ALSCHULER GROSSMAN STEIN L KAHAN LLP 34 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 7 of 31 will conduct a reasonable and diligent search for non-privileged, non-work-product documents discussing consideration of Netflix in connection with developing or operating Blockbuster Online and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 38: All DOCUMENTS RELATING TO the consideration by BLOCKBUSTER, or by any consultant retained in connection with developing or operating BLOCKBUSTERONLINE, of any NETFLIX patents or patent applications. RESPONSE TO REQUEST FOR PRODUCTION NO. 38: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER," "BLOCKBUSTERONLINE," and "NETFLIX." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents discussing consideration of Netflix patents or patent applications in connection with developing or operating Blockbuster Online and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 39: DOCUMENTS sufficient to show when BLOCKBUSTER, or any ALSCHULER GROSSMAN STEIN 8. KAHAN LLP 35 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 8 of 31 consultant retained by BLOCKBUSTER in connection with BLOCKBUSTERONLINE, first became aware of each of the PATENTS-IN-SUIT. RESPONSE TO REQUEST FOR PRODUCTION NO. 39: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER and "BLOCKBUSTERONLINE." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably show when Blockbuster Inc. became aware of the patents-in-suit and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 40: All DOCUMENTS RELATING TO the patentability of any claim of the PATENTS-IN-SUIT including without limitation, any study, analysis, review, conclusions, or opinions, whether written or oral. RESPONSE TO REQUEST FOR PRODUCTION NO. 40: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent ALSCHULER GROSSMAN STEIN 8. KAHAN LLP 36 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 9 of 31 that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure, the Patent Local Rules, and the Court's Scheduling Order at this time. The bases for these objections include, without limitation, this request's use of the term "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents providing evidence whether claims of the patents-in-suit were or are patentable and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 41: All DOCUMENTS RELATING TO the validity or invalidity of any claim of the PATENTS-IN-SUIT, including without limitation, any study, analysis, review, conclusions, research, investigation, or opinions, whether written or oral. RESPONSE TO REQUEST FOR PRODUCTION NO.'41: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure, the Patent Local Rules, and the Court's Scheduling Order at this time. The bases ALSCHULER GROSSMAN STEIN 8 KAHAN LLP 37 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 10 of 31 for these objections include, without limitation, this request's use of the term "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents providing evidence whether claims of the patents-in-suit were or are valid and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 42: All DOCUMENTS RELATING TO the novelty or lack thereof of any claim of the PATENTS-IN-SUIT, including without limitation, any study, analysis, review, conclusions, research, investigation, or options, whether written or oral. RESPONSE TO REQUEST FOR PRODUCTION NO. 42: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure, the Patent Local Rules, and the Court's Scheduling Order at this time. The bases for these objections include, without limitation, this request's use of the term "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents providing evidence whether claims of the patents-in-suit were novel and will produce such documents so located that have not already been produced in this ALSCHULER GROSSMAN STEIN & KAHAN LLP 38 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 11 of 31 case. REQUEST FOR PRODUCTION NO. 43: All DOCUMENTS RELATING TO the obviousness or nonobviousness of any claim of the PATENTS-IN-SUIT, including without limitation, any study, analysis, review, conclusions, research, investigation, or opinions, whether written or oral. RESPONSE TO REQUEST FOR PRODUCTION NO. 43: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure, the Patent Local Rules, and the Court's Scheduling Order at this time. The bases for these objections include, without limitation, this request's use of the term "RELATING TO.'' Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents providing evidence whether claims of the patents-in-suit were obvious and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 44: All DOCUMENTS RELATING TO the enforceability or nonenforceability of any claim of the PATENTS-IN-SUIT, including without limitation, any study, analysis, review, conclusions, research, investigation, or ALSCHULER GROSSMAN STEIN 8 KAHAN LLP 39 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 12 of 31 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 ALSCHULER GROSSMAN STEIN 8. KAHAN LLP opinions, whether written or oral. RESPONSE TO REQUEST FOR PRODUCTION NO. 44: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure, the Patent Local Rules, and the Court's Scheduling Order at this time. The bases for these objections include, without limitation, this request's use of the term "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents providing evidence whether claims of the patents-in-suit were or are enforceable and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 45: All DOCUMENTS RELATING TO actual or potential infringement or non-infringement of any claim of the PATENTS-IN-SUIT by BLOCKBUSTERONLINE, including without limitation, any study, analysis, review, conclusions, research, investigation or opinions, whether written or oral. RESPONSE TO REQUEST FOR PRODUCTION NO. 45: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney work40 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 13 of 31 product doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure, the Patent Local Rules, and the Court's Scheduling Order at this time. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTERONLINE" and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents discussing infringement or non-infringement of the patents-in-suit and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 46: All DOCUMENTS RELATING TO any opinion of legal counsel with respect to infringement, non-infringement, validity, invalidity, enforceability, interpretation or scope of any claim of the PATENTS-IN-SUIT, including without limitation any oral or written options or advice. RESPONSE TO REOUEST FOR PRODUCTION NO. 46: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is ALSCHULER GROSSMAN STEIN & KAHAN LLP 41 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 14 of 31 beyond the scope of discovery permitted by the Federal Rules of Civil Procedure, the Patent Local Rules, and the Court's Scheduling Order at this time. The bases for these objections include, without limitation, this request's use of the term "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will produce any requested documents only at the time provided in the Court's scheduling order. REQUEST FOR PRODUCTION NO. 47: All DOCUMENTS RELATING TO any COMMUNICATION between BLOCKBUSTER, or anyone acting on its behalf, and any other third party about the patentability, validity, enforceability, scope, or infi-ingement by BLOCKBUSTERONLINE of any claim of the PATENTS-IN-SUIT. RESPONSE TO REQUEST FOR PRODUCTION NO. 47: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster hrther specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER," "BLOCKBUSTERONLINE," "RELATING TO," and "other third party." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product communications between Blockbuster and unrelated third parties discussing ALSCHULER GROSSMAN STEIN 8. KAHAN LLP 42 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 15 of 31 patentability, validity, enforceability, scope, or infringement by Blockbuster Online of the patents-in-suit and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 48: All DOCUMENTS RELATING TO any COMMUNICATION, study, analysis, review, conclusions, or opinions, whether written or oral, regarding any of the NCR PATENTS. RESPONSE TO REQUEST FOR PRODUCTION NO. 48: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the term "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents discussing the NCR patents and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 49: All DOCUMENTS RELATING TO any COMMUNICATION, study, analysis, review, conclusions, or opinions, whether written or oral, as to United States Patent. No. 5,459,306, issued on October 17, 1995, entitled "Method and 28 ALSCHULER GROSSMAN STEIN 8. KAHAN LLP System for Delivering On Demand, Individually Targeted Promotions." 43 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 16 of 31 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 ALSCHULER GROSSMAN STEIN & KAHAN LLP RESPONSE TO REQUEST FOR PRODUCTION NO. 49: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the term "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents discussing the '306 patent and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 50: All DOCUMENTS RELATING TO any comparison of the functions, features, or characteristics of BLOCKBUSTERONLINE with any of the functions, features, or characteristics of NETFLIX's system. RESPONSE TO REQUEST FOR PRODUCTION NO. 50: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor 44 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 17 of 31 calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTERONLINE" and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents comparing Blockbuster Online with Netflix and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 51: All DOCUMENTS RELATING to any comparison of the functions, features, or characteristics of BLOCKBUSTERONLINE with any claim of the PATENTS-IN-SUIT. RESPONSE TO REQUEST FOR PRODUCTION NO. 51: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTERONLINE," "NETFLIX," and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents comparing Blockbuster Online with the patents-in-suit and will produce such documents so located that have not already been produced in this case. ALSCHULER GROSSMAN STEIN 8. KAHAN LLP 45 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 18 of 31 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 ALSCHULER GROSSMAN STEIN 8. KAHAN LLP REQUEST FOR PRODUCTION NO. 52: All DOCUMENTS RELATING to any comparison of the functions, features, or claims of the NCR PATENTS with any claim of the PATENTS-INSUIT. RESPONSE TO REQUEST FOR PRODUCTION NO. 52: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the term "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents comparing the NCR patents with any claims of the patents-in-suit and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 53: All DOCUMENTS RELATING to any comparison of the functions, features, or claims of United States Patent. No. 5,459,306, issued on October 17, 1995, entitled "Method and System for Delivering On Demand, Individually Targeted Promotions," with any claim of the PATENTS-IN-SUIT. RESPONSE TO REQUEST FOR PRODUCTION NO. 53: Each of Blockbuster's General Objections is incorporated here by 46 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 19 of 31 reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the term "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents comparing the '306 patent with any claims of the patents-in-suit and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 54: All DOCUMENTS RELATING TO any patent, literature or prior art search conducted with respect to either of the PATENTS-IN-SUIT. RESPONSE TO REQUEST FOR PRODUCTION NO. 54: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure, ALSCHULER GROSSMAN STEIN & KAHAN LLP 47 ' BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 20 of 31 the Patent Local Rules, and the Court's Scheduling Order at this time. The bases for these objections include, without limitation, this request's use of the term "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents discussing searches referred to in this request and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 55: All DOCUMENTS RELATING TO any COMMUNICATIONS between BLOCKBUSTER and NETFLIX. RESPONSE TO REQUEST FOR PRODUCTION NO. 55: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER," "NETFLIX," and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents constituting or recording communications between Blockbuster Inc. and Netflix, Inc., and will produce such documents so located that have not already been produced in this case. ALSCHULER GROSSMAN STEIN & KAHAN LLP 48 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 21 of 31 REQUEST FOR PRODUCTION NO. 56: DOCUMENTS sufficient to describe fully BLOCKBUSTER'S electronic mail, electronic mail backup, and electronic mail deletion policies. RESPONSE TO REQUEST FOR PRODUCTION NO. 56: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the term "BLOCKBUSTER." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe any potentially relevant email policies of Blockbuster Inc. in effect between January 1,2003 and the present and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 57: DOCUMENTS sufficient to describe fully each of BLOCKBUSTER'S document retention policies in effect between January 1, 2003 to the present. RESPONSE TO REQUEST FOR PRODUCTION NO. 57: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workALSCHULER GROSSMAN STEIN & KAHAN LLP 49 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 22 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 product doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the term "BLOCKBUSTER." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe any potentially relevant document retention policies of Blockbuster Inc. during the stated period and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 58: All DOCUMENTS RELATING TO BLOCKBUSTER'S expenditures to develop and implement BLOCKBUSTERONLINE. RESPONSE TO REQUEST FOR PRODUCTION NO. 58: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER," "BLOCKBUSTERONLINE,"and "RELATING TO." 50 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA 17 18 19 20 21 22 23 24 25 26 27 28 ALSCHULER GROSSMAN STEIN B KAHAN LLP Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 23 of 31 1 Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe expenditures to develop and implement Blockbuster Online and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 59: All DOCUMENTS RELATING TO BLOCKBUSTER'S expenditures to maintain and operate BLOCKBUSTERONLINE from launch to the present. RESPONSE TO REQUEST FOR PRODUCTION NO. 59: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER," and "BLOCKBUSTERONLINE," and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe expenditures to maintain and operate Blockbuster Online and will produce such documents so located that have not already been produced in this case. Ill Ill 51 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA 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 ALSCHULER GROSSMAN STEIN & KAHAN LLP Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 24 of 31 REQUEST FOR PRODUCTION NO. 60: All DOCUMENTS RELATING TO BLOCKBUSTER'S consideration(s) of acquiring NETFLIX, including without limitation any COMMUNICATION, plan, report, analysis and research. RESPONSE TO REQUEST FOR PRODUCTION NO. 60: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER," and "NETFLIX," and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents discussing Blockbuster I n c h acquiring Netflix and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 61: All DOCUMENTS RELATING TO any actions taken by BLOCKBUSTER RELATING TO the potential acquisition of NETFLIX, including without limitation any plans or financial arrangements. Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks 1 RESPONSE TO REQUEST FOR PRODUCTION NO. 61: 28 ALSCHULER GROSSMAN STEIN 8 KAHAN LLP documents that are protected by the attorney-client privilege, the attorney work52 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 25 of 31 product doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER," "NETFLIX," and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents discussing actions taken by Blockbuster Inc. to acquire Netflix and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 62: All DOCUMENTS RELATING TO BLOCKBUSTER'S consideration of selling BLOCKBUSTERONLINE to any company, including without limitation any COMMUNICATION, plan, report, analysis, or research. RESPONSE TO REOUEST FOR PRODUCTION NO. 62: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is 1 ALSCHULER GROSSMAN STEIN & KAHAN LLP I beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the 53 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 26 of 31 terms "BLOCKBUSTER," "BLOCKBUSTERONLINE," and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents discussing Blockbuster Inc.'s selling Blockbuster Online and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 63: All DOCUMENTS RELATING TO the possibility of BLOCKBUSTER'S obtaining a license to any of the PATENTS-IN-SUIT from NETFLIX, including without limitation any COMMUNICATION, plan, report, analysis, or research. RESPONSE TO REQUEST FOR PRODUCTION NO. 63: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster hrther specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER," "NETFLIX," and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents discussing Blockbuster I n c h obtaining a license to the patents-in-suit from Netflix and will produce such documents so located that have not already been produced in this case. ALSCHULER GROSSMAN STEIN & KAHAN LLP 54 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 27 of 31 REQUEST FOR PRODUCTION NO. 64: All DOCUMENTS referred to or described an Pages 72 through 77 of BLOCKBUSTER'S July 28,2006 Supplemented Initial Disclosures as documents that may BLOCKBUSTER may use to support its claims and defenses. RESPONSE TO REQUEST FOR PRODUCTION NO. 64: Each of Blockbuster's General Objections is incorporated here by reference. Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents as requested by this request and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 65: All DOCUMENTS RELATING to the categories of damages and the computation thereof described on pages 77 through 79 of BLOCKBUSTER'S July 28,2006 Supplemented Initial Disclosures. RESPONSE TO REQUEST FOR PRODUCTION NO. 65: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the term "RELATING TO." 27 28 ALSCHULER GROSSMAN STEIN & KAHAN LLP Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product 55 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 28 of 31 documents showing the damages referred to in this request and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 66: All DOCUMENTS on Page 79 of BLOCKBUSTER'S July 28,2006 Supplemented Initial Disclosures as documents supporting Blockbuster Inc.'s damages. RESPONSE TO REQUEST FOR PRODUCTION NO. 66: Each of Blockbuster's General Objections is incorporated here by reference. Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents as requested by this request and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 67: All DOCUMENTS RELATING TO BLOCKBUSTER'S allegation in its ANSWER, 7 88, that "[tlhe relevant product market.. .is the market for ONLINE DVD rentals and related subscription services,'' including without limitation all documents that tend to support or contradict that allegation. RESPONSE TO REQUEST FOR PRODUCTION NO. 67: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks 1 documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent 1 that it seeks documents that are confidential or proprietary. Blockbuster further / specifically objects to this request on the grounds that it is vague, ambiguous, I overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the ALSCHULER GROSSMAN STEIN 8. KAHAN LLP 56 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 29 of 31 terms "ON-LINE" and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe and support the relevant market referred to in this request and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 68: All DOCUMENTS RELATING TO the market(s) in which ONLINE DVD rental companies such as BLOCKBUSTERONLINE and NETFLIX compete or may compete, including without limitation any reports, analyses, studies, or statements made by BLOCKBUSTER, or on its behalf, concerning such market(s) or market definitions. RESPONSE TO REQUEST FOR PRODUCTION NO. 68: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER," "NETFLIX," "ON-LINE," and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe and support the market referred to in this request and will produce such documents so located that have not already been ALSCHULER GROSSMAN STEIN 8 KAHAN LLP 57 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 30 of 31 produced in this case. REQUEST FOR PRODUCTION NO. 69: All DOCUMENTS RELATING TO the identity or characteristics of actual or prospective competitors with ONLINE DVD rental companies, such as BLOCKBUSTERONLINE and NETFLIX, including without limitation any reports, analyses, studies, or statements made by BLOCKBUSTER, or on its behalf, concerning actual or prospective competition from IN-STORE rentals, new or used DVD sales, Broadband Internet, or video on demand. RESPONSE TO REQUEST FOR PRODUCTION NO. 69: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster hrther specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER," "BLOCKBUSTERONLINE," "NETFLIX," "ONLINE," and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably identify competitors referred to in this request and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 70: All DOCUMENTS RELATING TO BLOCKBUSTER'S allegation in ALSCHULER GROSSMAN STEIN 8. KAHAN LLP 58 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-4 Filed 03/02/2007 Page 31 of 31 its ANSWER, T[ 88, that "the relevant geographical market is the United States and its territories as a whole," including without limitation all documents that tend to support or contradict that allegation. RESPONSE TO REQUEST FOR PRODUCTION NO. 70: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks 11 documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent 1) specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is that it seeks documents that are confidential or proprietary. Blockbuster hrther beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the term "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe and support the market referred to in this request and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 71: All DOCUMENTS RELATING TO BLOCKBUSTER'S ~ its ANSWER, 7 89, that "throughout the relevant time period up to andallegation in including the present, Netflix has had market power in the relevant product and geographical 1) I1 ALSCHULER GROSSMAN STEIN 8 KAHAN LLP markets," including without limitation all documents that tend to support or contradict that allegation. ' RESPONSE TO REQUEST FOR PRODUCTION NO. 71: Each of Blockbuster's General Objections is incorporated here by 59 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA

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