Netflix, Inc. v. Blockbuster, Inc.
Filing
179
Attachment 5
NOTICE by Blockbuster, Inc.
Final Invalidity Contentions for U.S. Patent No. 7,024,381 (Attachments: #
1 Exhibit A#
2 Exhibit B#
3 Exhibit C#
4 Exhibit D#
5 Exhibit E#
6 Exhibit F#
7 Exhibit G#
8 Exhibit H#
9 Exhibit I#
10 Exhibit J#
11 Exhibit K)(Chen, Tony) (Filed on 4/11/2007)
N
etflix, Inc. v. Blockbuster, Inc.
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION
APRIL 11, 2007 U.S. PATENT NO. 7,024,381 B1
EXHIBIT E CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Short Name 1.
Multi Video Pop*Card Video Hit Cine Club Campu Video
Classification1
and/or 35 U.S.C. § 103 and/or and/or and/or
In Combination with
NCR
Motivation for Combination or Modification2
Combine conventional brick and mortar video store rental practice with computer implemented method for ordering and downloading resources/contents based on searching their digital profiles/attributes over a telecommunication network to improve movie rental business. Applying computer technology to make retail or rental operations more efficient and capable. Using the Internet to perform functions of computer networks, including networks referred to in the NCR patents.
Dockets.Justia.com
1 2
A reference classified under 35 U.S.C. § 103 is one which Blockbuster contends to render one or more claims of United States Patent No. 7,024,381 B1 obvious. See also the motivations listed in Exhibit F.
Doc. 179 Att. 5
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
Transformation and expansion of "brick-andmortar" businesses into "dot-com" businesses. Conducting existing pre-Internet businesses on the Internet. Adaptation of brick-and-mortar retail and rental businesses to the Internet. Adaptation of brick-and-mortar video rental businesses to the Internet. Similarities, relationships, and overlaps between brick-andmortar video rental businesses (e.g., Blockbuster's brick-and-mortar business) and Internet video rental (e.g., Netflix's prior-art online rental business) and combined discussions of them in prior art. (E.g., BB00008563-64, 00008566, 00008558-60, 00008970-71, 00008590-91, 00008592-93.) Taking advantage of increased suitability of DVD format for mail delivery or other shipment in response to Internet orders and lower cost of mailing or delivering DVDs in comparison to videotapes. (E.g., BB0000853132.) Use of features of Internet retail sites and ecommerce businesses for DVD rental. Similarities, relationships, and overlaps between Internet retail sites and ecommerce businesses (e.g., Amazon.com) and DVD rental and combined discussions of them in prior art. (E.g., BB00008550-51, 00008558-60.)
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 2 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
Adding or substituting subscription programs to or for pay-per-item rental services. Similarities, relationships, and overlaps between subscription and pay-per-item rental services and combined discussions of them in prior art. Advantages of subscription programs for online rentals. Problems and competitive disadvantages caused for online rental on a payper-item basis by time required for delivery and return of items and related uncertainties. (E.g., BB00008541-42, 00008550-51, 00008555, 00008559, 00008563-64.) Problems and competitive disadvantages caused for online rental on a pay-per-item basis by cost of delivery and return of items by mail or of other delivery and return of items. (E.g., BB00008541-42, 00008563-64, 00008969-71.) Obvious need for computerized or online rental system to determine what to ship to customer. Obvious need for subscription service to determine, on return of an item, what to ship next. Impracticality of requiring customers to time identification of additional desired items to coincide with rental service's receipt of returned items. Inconvenience and frustration from limiting customers' ability to list on the same site visit when they are identified. Customer dissatisfaction with a subscription service if there are delays providing further
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 3 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
items. Applying methods and technologies used for rental of other items to rental of videos. Applying methods and technologies used for rental of audio tapes or other audio materials to rental of videos. Similarities, relationships, and overlaps between audio and video rental businesses and combined discussions of them in prior art. (E.g., BB00008587-88, 0000897071.) Applying methods and technologies used for libraries to rental services. Similarities, relationships, and overlaps between libraries and audio and video rental and sales and combined discussions of them in prior art. (E.g., BB00008961-62, 00008966-69.) Applying methods and technologies used for subscription video services provided electronically to online subscription with delivery of discs or other physical media by mail or otherwise. Similarities, relationships, and overlaps between electronic transmission of video content and delivery of video content on discs or other physical media.
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 4 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
Use of standard computer hardware and digital media for computerized business operations and Internet business. Using PCs over the Internet to perform functions of retail kiosks.
2.
Multi Video Pop*Card Video Hit Cine Club Campus Video
and/or 35 U.S.C. § 103 and/or and/or and/or
Avis
Combine conventional brick and mortar video store rental practice with computer implemented online car rental technologies to improve movie rental business. Applying computer technology to make retail or rental operations more efficient and capable. Using the Internet to perform functions of computer networks, including networks referred to in the NCR patents. Transformation and expansion of "brick-andmortar" businesses into "dot-com" businesses. Conducting existing pre-Internet businesses on the Internet. Adaptation of brick-and-mortar retail and rental businesses to the Internet. Adaptation of brick-and-mortar video rental businesses to the Internet. Similarities, relationships, and overlaps between brick-andmortar video rental businesses (e.g., Blockbuster's brick-and-mortar business) and Internet video rental (e.g., Netflix's prior-art
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 5 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
online rental business) and combined discussions of them in prior art. (E.g., BB00008563-64, 00008566, 00008558-60, 00008970-71, 00008590-91, 00008592-93.) Taking advantage of increased suitability of DVD format for mail delivery or other shipment in response to Internet orders and lower cost of mailing or delivering DVDs in comparison to videotapes. (E.g., BB0000853132.) Use of features of Internet retail sites and ecommerce businesses for DVD rental. Similarities, relationships, and overlaps between Internet retail sites and ecommerce businesses (e.g., Amazon.com) and DVD rental and combined discussions of them in prior art. (E.g., BB00008550-51, 00008558-60.) Adding or substituting subscription programs to or for pay-per-item rental services. Similarities, relationships, and overlaps between subscription and pay-per-item rental services and combined discussions of them in prior art. Advantages of subscription programs for online rentals. Problems and competitive disadvantages caused for online rental on a payper-item basis by time required for delivery and return of items and related uncertainties. (E.g., BB00008541-42, 00008550-51, 00008555, 00008559, 00008563-64.) Problems and competitive disadvantages caused for online
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 6 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
rental on a pay-per-item basis by cost of delivery and return of items by mail or of other delivery and return of items. (E.g., BB00008541-42, 00008563-64, 00008969-71.) Obvious need for computerized or online rental system to determine what to ship to customer. Obvious need for subscription service to determine, on return of an item, what to ship next. Impracticality of requiring customers to time identification of additional desired items to coincide with rental service's receipt of returned items. Inconvenience and frustration from limiting customers' ability to list on the same site visit when they are identified. Customer dissatisfaction with a subscription service if there are delays providing further items. Applying methods and technologies used for rental of other items to rental of videos. Applying methods and technologies used for rental of audio tapes or other audio materials to rental of videos. Similarities, relationships, and overlaps between audio and video rental businesses and combined discussions of them in prior art. (E.g., BB00008587-88, 0000897071.)
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 7 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
Applying methods and technologies used for libraries to rental services. Similarities, relationships, and overlaps between libraries and audio and video rental and sales and combined discussions of them in prior art. (E.g., BB00008961-62, 00008966-69.) Applying methods and technologies used for subscription video services provided electronically to online subscription with delivery of discs or other physical media by mail or otherwise. Similarities, relationships, and overlaps between electronic transmission of video content and delivery of video content on discs or other physical media. Use of standard computer hardware and digital media for computerized business operations and Internet business. Using PCs over the Internet to perform functions of retail kiosks.
3.
Multi Video Pop*Card Video Hit Cine Club Campus Video
and/or 35 U.S.C. § 103 and/or and/or and/or
AudioQueue BTCC BTL BVS TBW
and/or and/or and/or and/or and/or
Combine conventional brick and mortar video store rental practice with subscription based no late fee practices utilized in audio book and tape rental business to improve movie rental business.
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 8 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
BOT
Motivation for Combination or Modification2
Applying computer technology to make retail or rental operations more efficient and capable. Using the Internet to perform functions of computer networks, including networks referred to in the NCR patents. Transformation and expansion of "brick-andmortar" businesses into "dot-com" businesses. Conducting existing pre-Internet businesses on the Internet. Adaptation of brick-and-mortar retail and rental businesses to the Internet. Adaptation of brick-and-mortar video rental businesses to the Internet. Similarities, relationships, and overlaps between brick-andmortar video rental businesses (e.g., Blockbuster's brick-and-mortar business) and Internet video rental (e.g., Netflix's prior-art online rental business) and combined discussions of them in prior art. (E.g., BB00008563-64, 00008566, 00008558-60, 00008970-71, 00008590-91, 00008592-93.) Taking advantage of increased suitability of DVD format for mail delivery or other shipment in response to Internet orders and lower cost of mailing or delivering DVDs in comparison to videotapes. (E.g., BB0000853132.) Use of features of Internet retail sites and ecommerce businesses for DVD rental. Similarities, relationships, and overlaps between Internet retail sites and ecommerce
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 9 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
businesses (e.g., Amazon.com) and DVD rental and combined discussions of them in prior art. (E.g., BB00008550-51, 00008558-60.) Adding or substituting subscription programs to or for pay-per-item rental services. Similarities, relationships, and overlaps between subscription and pay-per-item rental services and combined discussions of them in prior art. Advantages of subscription programs for online rentals. Problems and competitive disadvantages caused for online rental on a payper-item basis by time required for delivery and return of items and related uncertainties. (E.g., BB00008541-42, 00008550-51, 00008555, 00008559, 00008563-64.) Problems and competitive disadvantages caused for online rental on a pay-per-item basis by cost of delivery and return of items by mail or of other delivery and return of items. (E.g., BB00008541-42, 00008563-64, 00008969-71.) Obvious need for computerized or online rental system to determine what to ship to customer. Obvious need for subscription service to determine, on return of an item, what to ship next. Impracticality of requiring customers to time identification of additional desired items to coincide with rental service's receipt of
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 10 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
returned items. Inconvenience and frustration from limiting customers' ability to list on the same site visit when they are identified. Customer dissatisfaction with a subscription service if there are delays providing further items. Applying methods and technologies used for rental of other items to rental of videos. Applying methods and technologies used for rental of audio tapes or other audio materials to rental of videos. Similarities, relationships, and overlaps between audio and video rental businesses and combined discussions of them in prior art. (E.g., BB00008587-88, 0000897071.) Applying methods and technologies used for libraries to rental services. Similarities, relationships, and overlaps between libraries and audio and video rental and sales and combined discussions of them in prior art. (E.g., BB00008961-62, 00008966-69.) Applying methods and technologies used for subscription video services provided electronically to online subscription with delivery of discs or other physical media by mail or otherwise. Similarities, relationships,
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 11 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
and overlaps between electronic transmission of video content and delivery of video content on discs or other physical media. Use of standard computer hardware and digital media for computerized business operations and Internet business. Using PCs over the Internet to perform functions of retail kiosks.
4.
Multi Video Pop*Card Video Hit Cine Club Campus Video
and/or 35 U.S.C. § 103 and/or and/or and/or
Morale Saigh Hendricks Ginter
and/or Combine conventional brick and mortar video and/or store rental practice with digital electronic and/or telecommunication technologies for conducting e-commerce on the Internet to improve movie rental business. Applying computer technology to make retail or rental operations more efficient and capable. Using the Internet to perform functions of computer networks, including networks referred to in the NCR patents. Transformation and expansion of "brick-andmortar" businesses into "dot-com" businesses. Conducting existing pre-Internet businesses on the Internet. Adaptation of brick-and-mortar retail and rental businesses to the Internet. Adaptation of brick-and-mortar video rental
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 12 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
businesses to the Internet. Similarities, relationships, and overlaps between brick-andmortar video rental businesses (e.g., Blockbuster's brick-and-mortar business) and Internet video rental (e.g., Netflix's prior-art online rental business) and combined discussions of them in prior art. (E.g., BB00008563-64, 00008566, 00008558-60, 00008970-71, 00008590-91, 00008592-93.) Taking advantage of increased suitability of DVD format for mail delivery or other shipment in response to Internet orders and lower cost of mailing or delivering DVDs in comparison to videotapes. (E.g., BB0000853132.) Use of features of Internet retail sites and ecommerce businesses for DVD rental. Similarities, relationships, and overlaps between Internet retail sites and ecommerce businesses (e.g., Amazon.com) and DVD rental and combined discussions of them in prior art. (E.g., BB00008550-51, 00008558-60.) Adding or substituting subscription programs to or for pay-per-item rental services. Similarities, relationships, and overlaps between subscription and pay-per-item rental services and combined discussions of them in prior art. Advantages of subscription programs for online rentals. Problems and competitive disadvantages caused for online rental on a pay-
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 13 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
per-item basis by time required for delivery and return of items and related uncertainties. (E.g., BB00008541-42, 00008550-51, 00008555, 00008559, 00008563-64.) Problems and competitive disadvantages caused for online rental on a pay-per-item basis by cost of delivery and return of items by mail or of other delivery and return of items. (E.g., BB00008541-42, 00008563-64, 00008969-71.) Obvious need for computerized or online rental system to determine what to ship to customer. Obvious need for subscription service to determine, on return of an item, what to ship next. Impracticality of requiring customers to time identification of additional desired items to coincide with rental service's receipt of returned items. Inconvenience and frustration from limiting customers' ability to list on the same site visit when they are identified. Customer dissatisfaction with a subscription service if there are delays providing further items. Applying methods and technologies used for rental of other items to rental of videos. Applying methods and technologies used for rental of audio tapes or other audio materials to rental of videos. Similarities, relationships, and
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 14 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
overlaps between audio and video rental businesses and combined discussions of them in prior art. (E.g., BB00008587-88, 0000897071.) Applying methods and technologies used for libraries to rental services. Similarities, relationships, and overlaps between libraries and audio and video rental and sales and combined discussions of them in prior art. (E.g., BB00008961-62, 00008966-69.) Applying methods and technologies used for subscription video services provided electronically to online subscription with delivery of discs or other physical media by mail or otherwise. Similarities, relationships, and overlaps between electronic transmission of video content and delivery of video content on discs or other physical media. Use of standard computer hardware and digital media for computerized business operations and Internet business. Using PCs over the Internet to perform functions of retail kiosks.
5.
Multi Video
and/or 35 U.S.C. § 103
Netflix
Combine conventional brick and mortar video
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 15 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Pop*Card Video Hit Cine Club Campus Video and/or and/or and/or
Classification1
In Combination with
Motivation for Combination or Modification2
store rental practice with Netflix's prior online DVD rental services to improve movie rental business. Applying computer technology to make retail or rental operations more efficient and capable. Using the Internet to perform functions of computer networks, including networks referred to in the NCR patents. Transformation and expansion of "brick-andmortar" businesses into "dot-com" businesses. Conducting existing pre-Internet businesses on the Internet. Adaptation of brick-and-mortar retail and rental businesses to the Internet. Adaptation of brick-and-mortar video rental businesses to the Internet. Similarities, relationships, and overlaps between brick-andmortar video rental businesses (e.g., Blockbuster's brick-and-mortar business) and Internet video rental (e.g., Netflix's prior-art online rental business) and combined discussions of them in prior art. (E.g., BB00008563-64, 00008566, 00008558-60, 00008970-71, 00008590-91, 00008592-93.) Taking advantage of increased suitability of DVD format for mail delivery or other shipment in response to Internet orders and lower cost of mailing or delivering DVDs in
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 16 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
comparison to videotapes. (E.g., BB0000853132.) Use of features of Internet retail sites and ecommerce businesses for DVD rental. Similarities, relationships, and overlaps between Internet retail sites and ecommerce businesses (e.g., Amazon.com) and DVD rental and combined discussions of them in prior art. (E.g., BB00008550-51, 00008558-60.) Adding or substituting subscription programs to or for pay-per-item rental services. Similarities, relationships, and overlaps between subscription and pay-per-item rental services and combined discussions of them in prior art. Advantages of subscription programs for online rentals. Problems and competitive disadvantages caused for online rental on a payper-item basis by time required for delivery and return of items and related uncertainties. (E.g., BB00008541-42, 00008550-51, 00008555, 00008559, 00008563-64.) Problems and competitive disadvantages caused for online rental on a pay-per-item basis by cost of delivery and return of items by mail or of other delivery and return of items. (E.g., BB00008541-42, 00008563-64, 00008969-71.) Obvious need for computerized or online rental system to determine what to ship to customer.
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 17 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
Obvious need for subscription service to determine, on return of an item, what to ship next. Impracticality of requiring customers to time identification of additional desired items to coincide with rental service's receipt of returned items. Inconvenience and frustration from limiting customers' ability to list on the same site visit when they are identified. Customer dissatisfaction with a subscription service if there are delays providing further items. Applying methods and technologies used for rental of other items to rental of videos. Applying methods and technologies used for rental of audio tapes or other audio materials to rental of videos. Similarities, relationships, and overlaps between audio and video rental businesses and combined discussions of them in prior art. (E.g., BB00008587-88, 0000897071.) Applying methods and technologies used for libraries to rental services. Similarities, relationships, and overlaps between libraries and audio and video rental and sales and combined discussions of them in prior art. (E.g., BB00008961-62, 00008966-69.)
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 18 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
Applying methods and technologies used for subscription video services provided electronically to online subscription with delivery of discs or other physical media by mail or otherwise. Similarities, relationships, and overlaps between electronic transmission of video content and delivery of video content on discs or other physical media. Use of standard computer hardware and digital media for computerized business operations and Internet business. Using PCs over the Internet to perform functions of retail kiosks.
6.
Yoshida Kuriyama Koya Crooks Isobe
and/or 35 U.S.C. § 103 and/or and/or and/or
NCR
Combine video rental technology of using computer implemented video rental kiosk machines with computer implemented method for ordering and downloading resources/contents based on searching their digital profiles/attributes over a telecommunication network to improve movie rental business. Applying computer technology to make retail or rental operations more efficient and capable. Using the Internet to perform functions of computer networks, including networks referred
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 19 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
to in the NCR patents. Transformation and expansion of "brick-andmortar" businesses into "dot-com" businesses. Conducting existing pre-Internet businesses on the Internet. Adaptation of brick-and-mortar retail and rental businesses to the Internet. Adaptation of brick-and-mortar video rental businesses to the Internet. Similarities, relationships, and overlaps between brick-andmortar video rental businesses (e.g., Blockbuster's brick-and-mortar business) and Internet video rental (e.g., Netflix's prior-art online rental business) and combined discussions of them in prior art. (E.g., BB00008563-64, 00008566, 00008558-60, 00008970-71, 00008590-91, 00008592-93.) Taking advantage of increased suitability of DVD format for mail delivery or other shipment in response to Internet orders and lower cost of mailing or delivering DVDs in comparison to videotapes. (E.g., BB0000853132.) Use of features of Internet retail sites and ecommerce businesses for DVD rental. Similarities, relationships, and overlaps between Internet retail sites and ecommerce businesses (e.g., Amazon.com) and DVD rental and combined discussions of them in prior art. (E.g., BB00008550-51, 00008558-60.)
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 20 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
Adding or substituting subscription programs to or for pay-per-item rental services. Similarities, relationships, and overlaps between subscription and pay-per-item rental services and combined discussions of them in prior art. Advantages of subscription programs for online rentals. Problems and competitive disadvantages caused for online rental on a payper-item basis by time required for delivery and return of items and related uncertainties. (E.g., BB00008541-42, 00008550-51, 00008555, 00008559, 00008563-64.) Problems and competitive disadvantages caused for online rental on a pay-per-item basis by cost of delivery and return of items by mail or of other delivery and return of items. (E.g., BB00008541-42, 00008563-64, 00008969-71.) Obvious need for computerized or online rental system to determine what to ship to customer. Obvious need for subscription service to determine, on return of an item, what to ship next. Impracticality of requiring customers to time identification of additional desired items to coincide with rental service's receipt of returned items. Inconvenience and frustration from limiting customers' ability to list on the same site visit when they are identified.
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 21 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
Customer dissatisfaction with a subscription service if there are delays providing further items. Applying methods and technologies used for rental of other items to rental of videos. Applying methods and technologies used for rental of audio tapes or other audio materials to rental of videos. Similarities, relationships, and overlaps between audio and video rental businesses and combined discussions of them in prior art. (E.g., BB00008587-88, 0000897071.) Applying methods and technologies used for libraries to rental services. Similarities, relationships, and overlaps between libraries and audio and video rental and sales and combined discussions of them in prior art. (E.g., BB00008961-62, 00008966-69.) Applying methods and technologies used for subscription video services provided electronically to online subscription with delivery of discs or other physical media by mail or otherwise. Similarities, relationships, and overlaps between electronic transmission of video content and delivery of video content on discs or other physical media.
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 22 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
Use of standard computer hardware and digital media for computerized business operations and Internet business. Using PCs over the Internet to perform functions of retail kiosks.
7.
Yoshida Kuriyama Koya Crooks Isobe
and/or 35 U.S.C. § 103 and/or and/or and/or
Avis
Combine video rental technology of using computer implemented video rental kiosk machines with computer implemented online car rental technologies to improve movie rental business. Applying computer technology to make retail or rental operations more efficient and capable. Using the Internet to perform functions of computer networks, including networks referred to in the NCR patents. Transformation and expansion of "brick-andmortar" businesses into "dot-com" businesses. Conducting existing pre-Internet businesses on the Internet. Adaptation of brick-and-mortar retail and rental businesses to the Internet. Adaptation of brick-and-mortar video rental businesses to the Internet. Similarities, relationships, and overlaps between brick-andmortar video rental businesses (e.g.,
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 23 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
Blockbuster's brick-and-mortar business) and Internet video rental (e.g., Netflix's prior-art online rental business) and combined discussions of them in prior art. (E.g., BB00008563-64, 00008566, 00008558-60, 00008970-71, 00008590-91, 00008592-93.) Taking advantage of increased suitability of DVD format for mail delivery or other shipment in response to Internet orders and lower cost of mailing or delivering DVDs in comparison to videotapes. (E.g., BB0000853132.) Use of features of Internet retail sites and ecommerce businesses for DVD rental. Similarities, relationships, and overlaps between Internet retail sites and ecommerce businesses (e.g., Amazon.com) and DVD rental and combined discussions of them in prior art. (E.g., BB00008550-51, 00008558-60.) Adding or substituting subscription programs to or for pay-per-item rental services. Similarities, relationships, and overlaps between subscription and pay-per-item rental services and combined discussions of them in prior art. Advantages of subscription programs for online rentals. Problems and competitive disadvantages caused for online rental on a payper-item basis by time required for delivery and return of items and related uncertainties. (E.g., BB00008541-42, 00008550-51, 00008555,
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 24 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
00008559, 00008563-64.) Problems and competitive disadvantages caused for online rental on a pay-per-item basis by cost of delivery and return of items by mail or of other delivery and return of items. (E.g., BB00008541-42, 00008563-64, 00008969-71.) Obvious need for computerized or online rental system to determine what to ship to customer. Obvious need for subscription service to determine, on return of an item, what to ship next. Impracticality of requiring customers to time identification of additional desired items to coincide with rental service's receipt of returned items. Inconvenience and frustration from limiting customers' ability to list on the same site visit when they are identified. Customer dissatisfaction with a subscription service if there are delays providing further items. Applying methods and technologies used for rental of other items to rental of videos. Applying methods and technologies used for rental of audio tapes or other audio materials to rental of videos. Similarities, relationships, and overlaps between audio and video rental businesses and combined discussions of them in prior art. (E.g., BB00008587-88, 00008970-
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 25 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
71.)
Motivation for Combination or Modification2
Applying methods and technologies used for libraries to rental services. Similarities, relationships, and overlaps between libraries and audio and video rental and sales and combined discussions of them in prior art. (E.g., BB00008961-62, 00008966-69.) Applying methods and technologies used for subscription video services provided electronically to online subscription with delivery of discs or other physical media by mail or otherwise. Similarities, relationships, and overlaps between electronic transmission of video content and delivery of video content on discs or other physical media. Use of standard computer hardware and digital media for computerized business operations and Internet business. Using PCs over the Internet to perform functions of retail kiosks.
8.
Yoshida Kuriyama Koya
and/or 35 U.S.C. § 103 and/or and/or
AudioQueue BTCC BTL
and/or Combine video rental technology of using and/or computer implemented video rental kiosk and/or machines with subscription based no late fee practices utilized in audio book and tape rental
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 26 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Crooks Isobe and/or
Classification1
In Combination with
BVS TWB BOT
Motivation for Combination or Modification2
and/or business to improve movie rental business. and/or Applying computer technology to make retail or rental operations more efficient and capable. Using the Internet to perform functions of computer networks, including networks referred to in the NCR patents. Transformation and expansion of "brick-andmortar" businesses into "dot-com" businesses. Conducting existing pre-Internet businesses on the Internet. Adaptation of brick-and-mortar retail and rental businesses to the Internet. Adaptation of brick-and-mortar video rental businesses to the Internet. Similarities, relationships, and overlaps between brick-andmortar video rental businesses (e.g., Blockbuster's brick-and-mortar business) and Internet video rental (e.g., Netflix's prior-art online rental business) and combined discussions of them in prior art. (E.g., BB00008563-64, 00008566, 00008558-60, 00008970-71, 00008590-91, 00008592-93.) Taking advantage of increased suitability of DVD format for mail delivery or other shipment in response to Internet orders and lower cost of mailing or delivering DVDs in comparison to videotapes. (E.g., BB0000853132.) Use of features of Internet retail sites and
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 27 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
ecommerce businesses for DVD rental. Similarities, relationships, and overlaps between Internet retail sites and ecommerce businesses (e.g., Amazon.com) and DVD rental and combined discussions of them in prior art. (E.g., BB00008550-51, 00008558-60.) Adding or substituting subscription programs to or for pay-per-item rental services. Similarities, relationships, and overlaps between subscription and pay-per-item rental services and combined discussions of them in prior art. Advantages of subscription programs for online rentals. Problems and competitive disadvantages caused for online rental on a payper-item basis by time required for delivery and return of items and related uncertainties. (E.g., BB00008541-42, 00008550-51, 00008555, 00008559, 00008563-64.) Problems and competitive disadvantages caused for online rental on a pay-per-item basis by cost of delivery and return of items by mail or of other delivery and return of items. (E.g., BB00008541-42, 00008563-64, 00008969-71.) Obvious need for computerized or online rental system to determine what to ship to customer. Obvious need for subscription service to determine, on return of an item, what to ship
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 28 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
next. Impracticality of requiring customers to time identification of additional desired items to coincide with rental service's receipt of returned items. Inconvenience and frustration from limiting customers' ability to list on the same site visit when they are identified. Customer dissatisfaction with a subscription service if there are delays providing further items. Applying methods and technologies used for rental of other items to rental of videos. Applying methods and technologies used for rental of audio tapes or other audio materials to rental of videos. Similarities, relationships, and overlaps between audio and video rental businesses and combined discussions of them in prior art. (E.g., BB00008587-88, 0000897071.) Applying methods and technologies used for libraries to rental services. Similarities, relationships, and overlaps between libraries and audio and video rental and sales and combined discussions of them in prior art. (E.g., BB00008961-62, 00008966-69.) Applying methods and technologies used for subscription video services provided
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 29 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
electronically to online subscription with delivery of discs or other physical media by mail or otherwise. Similarities, relationships, and overlaps between electronic transmission of video content and delivery of video content on discs or other physical media. Use of standard computer hardware and digital media for computerized business operations and Internet business. Using PCs over the Internet to perform functions of retail kiosks.
9.
Yoshida Kuriyama Koya Crooks Isobe
and/or 35 U.S.C. § 103 and/or and/or and/or
Morale Saigh Hendricks Ginter
and/or Combine video rental technology of using and/or computer implemented video rental kiosk and/or machines with digital electronic telecommunication technologies for conducting e-commerce on the Internet to improve movie rental business. Applying computer technology to make retail or rental operations more efficient and capable. Using the Internet to perform functions of computer networks, including networks referred to in the NCR patents. Transformation and expansion of "brick-andmortar" businesses into "dot-com" businesses.
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 30 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
Conducting existing pre-Internet businesses on the Internet. Adaptation of brick-and-mortar retail and rental businesses to the Internet. Adaptation of brick-and-mortar video rental businesses to the Internet. Similarities, relationships, and overlaps between brick-andmortar video rental businesses (e.g., Blockbuster's brick-and-mortar business) and Internet video rental (e.g., Netflix's prior-art online rental business) and combined discussions of them in prior art. (E.g., BB00008563-64, 00008566, 00008558-60, 00008970-71, 00008590-91, 00008592-93.) Taking advantage of increased suitability of DVD format for mail delivery or other shipment in response to Internet orders and lower cost of mailing or delivering DVDs in comparison to videotapes. (E.g., BB0000853132.) Use of features of Internet retail sites and ecommerce businesses for DVD rental. Similarities, relationships, and overlaps between Internet retail sites and ecommerce businesses (e.g., Amazon.com) and DVD rental and combined discussions of them in prior art. (E.g., BB00008550-51, 00008558-60.) Adding or substituting subscription programs to or for pay-per-item rental services. Similarities, relationships, and overlaps between subscription and pay-per-item rental services
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 31 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
and combined discussions of them in prior art. Advantages of subscription programs for online rentals. Problems and competitive disadvantages caused for online rental on a payper-item basis by time required for delivery and return of items and related uncertainties. (E.g., BB00008541-42, 00008550-51, 00008555, 00008559, 00008563-64.) Problems and competitive disadvantages caused for online rental on a pay-per-item basis by cost of delivery and return of items by mail or of other delivery and return of items. (E.g., BB00008541-42, 00008563-64, 00008969-71.) Obvious need for computerized or online rental system to determine what to ship to customer. Obvious need for subscription service to determine, on return of an item, what to ship next. Impracticality of requiring customers to time identification of additional desired items to coincide with rental service's receipt of returned items. Inconvenience and frustration from limiting customers' ability to list on the same site visit when they are identified. Customer dissatisfaction with a subscription service if there are delays providing further items. Applying methods and technologies used for
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 32 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
rental of other items to rental of videos. Applying methods and technologies used for rental of audio tapes or other audio materials to rental of videos. Similarities, relationships, and overlaps between audio and video rental businesses and combined discussions of them in prior art. (E.g., BB00008587-88, 0000897071.) Applying methods and technologies used for libraries to rental services. Similarities, relationships, and overlaps between libraries and audio and video rental and sales and combined discussions of them in prior art. (E.g., BB00008961-62, 00008966-69.) Applying methods and technologies used for subscription video services provided electronically to online subscription with delivery of discs or other physical media by mail or otherwise. Similarities, relationships, and overlaps between electronic transmission of video content and delivery of video content on discs or other physical media. Use of standard computer hardware and digital media for computerized business operations and Internet business.
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 33 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
Using PCs over the Internet to perform functions of retail kiosks.
10.
Yoshida Kuriyama Koya Crooks Isobe
and/or 35 U.S.C. § 103 and/or and/or and/or
Netflix
Combine video rental technology of using computer implemented video rental kiosk machines with Netflix's prior online DVD rental services to improve movie rental business. Applying computer technology to make retail or rental operations more efficient and capable. Using the Internet to perform functions of computer networks, including networks referred to in the NCR patents. Transformation and expansion of "brick-andmortar" businesses into "dot-com" businesses. Conducting existing pre-Internet businesses on the Internet. Adaptation of brick-and-mortar retail and rental businesses to the Internet. Adaptation of brick-and-mortar video rental businesses to the Internet. Similarities, relationships, and overlaps between brick-andmortar video rental businesses (e.g., Blockbuster's brick-and-mortar business) and Internet video rental (e.g., Netflix's prior-art online rental business) and combined discussions of them in prior art. (E.g., BB00008563-64, 00008566, 00008558-60,
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 34 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
00008970-71, 00008590-91, 00008592-93.) Taking advantage of increased suitability of DVD format for mail delivery or other shipment in response to Internet orders and lower cost of mailing or delivering DVDs in comparison to videotapes. (E.g., BB0000853132.) Use of features of Internet retail sites and ecommerce businesses for DVD rental. Similarities, relationships, and overlaps between Internet retail sites and ecommerce businesses (e.g., Amazon.com) and DVD rental and combined discussions of them in prior art. (E.g., BB00008550-51, 00008558-60.) Adding or substituting subscription programs to or for pay-per-item rental services. Similarities, relationships, and overlaps between subscription and pay-per-item rental services and combined discussions of them in prior art. Advantages of subscription programs for online rentals. Problems and competitive disadvantages caused for online rental on a payper-item basis by time required for delivery and return of items and related uncertainties. (E.g., BB00008541-42, 00008550-51, 00008555, 00008559, 00008563-64.) Problems and competitive disadvantages caused for online rental on a pay-per-item basis by cost of delivery and return of items by mail or of other delivery and return of items. (E.g.,
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 35 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
BB00008541-42, 00008563-64, 00008969-71.) Obvious need for computerized or online rental system to determine what to ship to customer. Obvious need for subscription service to determine, on return of an item, what to ship next. Impracticality of requiring customers to time identification of additional desired items to coincide with rental service's receipt of returned items. Inconvenience and frustration from limiting customers' ability to list on the same site visit when they are identified. Customer dissatisfaction with a subscription service if there are delays providing further items. Applying methods and technologies used for rental of other items to rental of videos. Applying methods and technologies used for rental of audio tapes or other audio materials to rental of videos. Similarities, relationships, and overlaps between audio and video rental businesses and combined discussions of them in prior art. (E.g., BB00008587-88, 0000897071.) Applying methods and technologies used for libraries to rental services. Similarities, relationships, and overlaps between libraries
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 36 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
and audio and video rental and sales and combined discussions of them in prior art. (E.g., BB00008961-62, 00008966-69.) Applying methods and technologies used for subscription video services provided electronically to online subscription with delivery of discs or other physical media by mail or otherwise. Similarities, relationships, and overlaps between electronic transmission of video content and delivery of video content on discs or other physical media. Use of standard computer hardware and digital media for computerized business operations and Internet business. Using PCs over the Internet to perform functions of retail kiosks.
11.
Reference Guide Functional Requirements Maxcess Sirsi Auto Librarian
and/or 35 U.S.C. § 103 and/or and/or and/or
NCR
Combine library practices having computer implemented subscription based no late fee book-lending programs with computer implemented method for ordering and downloading resources/contents based on searching their digital profiles/attributes over a telecommunication network to improve movie rental business.
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 37 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
Applying computer technology to make retail or rental operations more efficient and capable. Using the Internet to perform functions of computer networks, including networks referred to in the NCR patents. Transformation and expansion of "brick-andmortar" businesses into "dot-com" businesses. Conducting existing pre-Internet businesses on the Internet. Adaptation of brick-and-mortar retail and rental businesses to the Internet. Adaptation of brick-and-mortar video rental businesses to the Internet. Similarities, relationships, and overlaps between brick-andmortar video rental businesses (e.g., Blockbuster's brick-and-mortar business) and Internet video rental (e.g., Netflix's prior-art online rental business) and combined discussions of them in prior art. (E.g., BB00008563-64, 00008566, 00008558-60, 00008970-71, 00008590-91, 00008592-93.) Taking advantage of increased suitability of DVD format for mail delivery or other shipment in response to Internet orders and lower cost of mailing or delivering DVDs in comparison to videotapes. (E.g., BB0000853132.) Use of features of Internet retail sites and ecommerce businesses for DVD rental. Similarities, relationships, and overlaps between Internet retail sites and ecommerce
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 38 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
businesses (e.g., Amazon.com) and DVD rental and combined discussions of them in prior art. (E.g., BB00008550-51, 00008558-60.) Adding or substituting subscription programs to or for pay-per-item rental services. Similarities, relationships, and overlaps between subscription and pay-per-item rental services and combined discussions of them in prior art. Advantages of subscription programs for online rentals. Problems and competitive disadvantages caused for online rental on a payper-item basis by time required for delivery and return of items and related uncertainties. (E.g., BB00008541-42, 00008550-51, 00008555, 00008559, 00008563-64.) Problems and competitive disadvantages caused for online rental on a pay-per-item basis by cost of delivery and return of items by mail or of other delivery and return of items. (E.g., BB00008541-42, 00008563-64, 00008969-71.) Obvious need for computerized or online rental system to determine what to ship to customer. Obvious need for subscription service to determine, on return of an item, what to ship next. Impracticality of requiring customers to time identification of additional desired items to coincide with rental service's receipt of
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 39 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
returned items. Inconvenience and frustration from limiting customers' ability to list on the same site visit when they are identified. Customer dissatisfaction with a subscription service if there are delays providing further items. Applying methods and technologies used for rental of other items to rental of videos. Applying methods and technologies used for rental of audio tapes or other audio materials to rental of videos. Similarities, relationships, and overlaps between audio and video rental businesses and combined discussions of them in prior art. (E.g., BB00008587-88, 0000897071.) Applying methods and technologies used for libraries to rental services. Similarities, relationships, and overlaps between libraries and audio and video rental and sales and combined discussions of them in prior art. (E.g., BB00008961-62, 00008966-69.) Applying methods and technologies used for subscription video services provided electronically to online subscription with delivery of discs or other physical media by mail or otherwise. Similarities, relationships,
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 40 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
and overlaps between electronic transmission of video content and delivery of video content on discs or other physical media. Use of standard computer hardware and digital media for computerized business operations and Internet business. Using PCs over the Internet to perform functions of retail kiosks.
12.
Reference Guide Functional Requirements Maxcess Sirsi Auto Librarian
and/or 35 U.S.C. § 103 and/or and/or and/or
Avis
Combine library practices having computer implemented subscription based no late fee book-lending programs with computer implemented online car rental technologies to improve movie rental business. Applying computer technology to make retail or rental operations more efficient and capable. Using the Internet to perform functions of computer networks, including networks referred to in the NCR patents. Transformation and expansion of "brick-andmortar" businesses into "dot-com" businesses. Conducting existing pre-Internet businesses on the Internet. Adaptation of brick-and-mortar retail and rental businesses to the Internet. Adaptation of brick-and-mortar video rental
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 41 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
businesses to the Internet. Similarities, relationships, and overlaps between brick-andmortar video rental businesses (e.g., Blockbuster's brick-and-mortar business) and Internet video rental (e.g., Netflix's prior-art online rental business) and combined discussions of them in prior art. (E.g., BB00008563-64, 00008566, 00008558-60, 00008970-71, 00008590-91, 00008592-93.) Taking advantage of increased suitability of DVD format for mail delivery or other shipment in response to Internet orders and lower cost of mailing or delivering DVDs in comparison to videotapes. (E.g., BB0000853132.) Use of features of Internet retail sites and ecommerce businesses for DVD rental. Similarities, relationships, and overlaps between Internet retail sites and ecommerce businesses (e.g., Amazon.com) and DVD rental and combined discussions of them in prior art. (E.g., BB00008550-51, 00008558-60.) Adding or substituting subscription programs to or for pay-per-item rental services. Similarities, relationships, and overlaps between subscription and pay-per-item rental services and combined discussions of them in prior art. Advantages of subscription programs for online rentals. Problems and competitive disadvantages caused for online rental on a pay-
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 42 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
per-item basis by time required for delivery and return of items and related uncertainties. (E.g., BB00008541-42, 00008550-51, 00008555, 00008559, 00008563-64.) Problems and competitive disadvantages caused for online rental on a pay-per-item basis by cost of delivery and return of items by mail or of other delivery and return of items. (E.g., BB00008541-42, 00008563-64, 00008969-71.) Obvious need for computerized or online rental system to determine what to ship to customer. Obvious need for subscription service to determine, on return of an item, what to ship next. Impracticality of requiring customers to time identification of additional desired items to coincide with rental service's receipt of returned items. Inconvenience and frustration from limiting customers' ability to list on the same site visit when they are identified. Customer dissatisfaction with a subscription service if there are delays providing further items. Applying methods and technologies used for rental of other items to rental of videos. Applying methods and technologies used for rental of audio tapes or other audio materials to rental of videos. Similarities, relationships, and
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 43 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
overlaps between audio and video rental businesses and combined discussions of them in prior art. (E.g., BB00008587-88, 0000897071.) Applying methods and technologies used for libraries to rental services. Similarities, relationships, and overlaps between libraries and audio and video rental and sales and combined discussions of them in prior art. (E.g., BB00008961-62, 00008966-69.) Applying methods and technologies used for subscription video services provided electronically to online subscription with delivery of discs or other physical media by mail or otherwise. Similarities, relationships, and overlaps between electronic transmission of video content and delivery of video content on discs or other physical media. Use of standard computer hardware and digital media for computerized business operations and Internet business. Using PCs over the Internet to perform functions of retail kiosks.
13.
Reference Guide
and/or 35 U.S.C. § 103
AudioQueue
and/or Combine library practices having computer
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 44 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Functional Requirements and/or Maxcess and/or Sirsi and/or Auto Librarian
Classification1
In Combination with
BTCC BTL BVS TBW BOT and/or and/or and/or and/or
Motivation for Combination or Modification2
implemented subscription based no late fee book-lending programs with subscription based no late fee practices utilized in audio book and tape rental business to improve movie rental business. Applying computer technology to make retail or rental operations more efficient and capable. Using the Internet to perform functions of computer networks, including networks referred to in the NCR patents. Transformation and expansion of "brick-andmortar" businesses into "dot-com" businesses. Conducting existing pre-Internet businesses on the Internet. Adaptation of brick-and-mortar retail and rental businesses to the Internet. Adaptation of brick-and-mortar video rental businesses to the Internet. Similarities, relationships, and overlaps between brick-andmortar video rental businesses (e.g., Blockbuster's brick-and-mortar business) and Internet video rental (e.g., Netflix's prior-art online rental business) and combined discussions of them in prior art. (E.g., BB00008563-64, 00008566, 00008558-60, 00008970-71, 00008590-91, 00008592-93.) Taking advantage of increased suitability of DVD format for mail delivery or other
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 45 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
shipment in response to Internet orders and lower cost of mailing or delivering DVDs in comparison to videotapes. (E.g., BB0000853132.) Use of features of Internet retail sites and ecommerce businesses for DVD rental. Similarities, relationships, and overlaps between Internet retail sites and ecommerce businesses (e.g., Amazon.com) and DVD rental and combined discussions of them in prior art. (E.g., BB00008550-51, 00008558-60.) Adding or substituting subscription programs to or for pay-per-item rental services. Similarities, relationships, and overlaps between subscription and pay-per-item rental services and combined discussions of them in prior art. Advantages of subscription programs for online rentals. Problems and competitive disadvantages caused for online rental on a payper-item basis by time required for delivery and return of items and related uncertainties. (E.g., BB00008541-42, 00008550-51, 00008555, 00008559, 00008563-64.) Problems and competitive disadvantages caused for online rental on a pay-per-item basis by cost of delivery and return of items by mail or of other delivery and return of items. (E.g., BB00008541-42, 00008563-64, 00008969-71.)
EXHIBIT E: CLASSIFICATIONS, COMBINATIONS AND MOTIVATIONS (Part 2) Page 46 of 200
925461_2.DOC
BLOCKBUSTER'S FINAL INVALIDITY CONTENTION (U.S. PATENT NO. 7,024,381 B1)
Short Name
Classification1
In Combination with
Motivation for Combination or Modification2
Obvious need for computerized or online rental system to determine what to ship to customer. Obvious need for subscription service to determine, on return of an item, what to ship next. Impracticality of requiring customers to time identification of additional desired items to coincide with rental service's receipt of returned items. Inconvenience and frustration from limiting customers' ability to list on the same site visit when they are identified. Customer dissatisfaction with a subscription service if there are delays providing further items. Applying methods and technologies used for rental of other items to rental of videos. Applying methods and technol
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