Netflix, Inc. v. Blockbuster, Inc.

Filing 229

Declaration of William J. O'Brien in Support of 228 MOTION for Summary Judgment of Invalidity and Non-Infringement filed byBlockbuster, Inc.. (Attachments: # 1 Exhibit A & B# 2 Exhibit C# 3 Exhibit D, E, F, G & H# 4 Exhibit I & P# 5 Exhibit Q# 6 Exhibit R, S & T# 7 Exhibit U, V & W)(Related document(s)228) (Taclas, Adrienne) (Filed on 6/14/2007)

Download PDF

Netflix, Inc. v. Blockbuster, Inc. Doc. 229 Case 3:06-cv-02361-WHA Document 229 Filed 06/14/2007 Page 1 of 5 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 BINGHAM McCUTCHEN LLP Donn P. Pickett (SBN 72257) Mary T. Huser (SBN 136051) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: (415) 393-2000 Facsimile: (415) 393-2286 Marshall B. Grossman (SBN 35958) William J. O'Brien (SBN 99526) The Water Garden 1620 26th Street Fourth Floor, North Tower Santa Monica, CA 90404-4060 Telephone: (310) 907-1000 Facsimile: (310) 907-2000 Attorneys for Defendant and Counterclaimant, BLOCKBUSTER INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA NETFLIX, INC., a Delaware corporation, Plaintiff, v. BLOCKBUSTER, INC., a Delaware corporation, Defendant. AND RELATED COUNTERCLAIMS Hearing Date: Time: Courtroom: Complaint Filed: Trial Date: August 2, 2007 8:00 A.M. 9, 19th Floor April 4, 2006 September 17, 2007 Case No. C 06 2361 WHA (JCS) DECLARATION OF WILLIAM J. O'BRIEN IN SUPPORT OF BLOCKBUSTER'S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY AND NONINFRINGEMENT PUBLICLY REDACTED VERSION O'BRIEN DECLARATION IN SUPPORT OF BLOCKBUSTER'S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY AND NON-INFRINGEMENT CASE NO. C 06 2361 WHA (JCS) ACTIVE/72052883.1 Dockets.Justia.com Case 3:06-cv-02361-WHA Document 229 Filed 06/14/2007 Page 2 of 5 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 I, William J. O'Brien, declare: 1. I am an attorney duly admitted to practice before this Court and the courts of the State of California, and am a partner in Bingham McCutchen, LLP, Counsel for Defendant and Counterclaimant Blockbuster. This declaration is submitted in support of Blockbuster's Motion for Summary Judgment of Invalidity and Non-Infringement. If called as a witness I would and could testify to the following: 2. Attached as Exhibit A is a true and correct copy of U.S. Patent No. 6,584,450, issued by the U.S. Patent and Trademark Office on June 24, 2003. 3. Attached as Exhibit B is a true and correct copy of excerpts from U.S. Patent No. 7,024,381, issued by the U.S. Patent and Trademark Office on April 4, 2006. 4. Attached as Exhibit C is a true and correct copy of excerpts from the May 4, 2007, Expert Report of Jason Salzetti of Deloitte Consulting LLP. 5. Attached as Exhibit D is a true and correct copy of excerpts from Volumes I and II of the deposition transcript of Reed Hastings, taken on April 2-3, 2007. I was present at Mr. Hastings's deposition, and the excerpts accurately represent the proceedings. 6. Attached as Exhibit E is a true and correct copy of excerpts from Volumes I and II of the deposition transcript of Neil Hunt, taken on March 23, 2007 and April 27, 2007. I was present at Mr. Hunt's deposition, and the excerpts accurately represent the proceedings. [PORTIONS OF THIS EXHIBIT HAVE BEEN FILED UNDER SEAL] 7. Attached as Exhibit F is a true and correct copy of documents produced by Netflix in this litigation with Serial Numbers NFLIX0210910-13 showing the netflix.com web page as of Sunday, January 17, 1999. 8. Attached as Exhibit G is a true and correct copy of a Home Film Festival web page as of November 6, 1996, that was produced by Blockbuster in this litigation with Serial Numbers BB01318581-86. 9. Attached as Exhibit H is a true and correct copy of a web page produced by Blockbuster in this litigation with Serial Numbers BB01318683-89, entitled "The Enneagram O'BRIEN DECLARATION IN SUPPORT OF BLOCKBUSTER'S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY AND NON-INFRINGEMENT CASE NO. C 06 2361 WHA (JCS) ACTIVE/72052883.1 1 Case 3:06-cv-02361-WHA Document 229 Filed 06/14/2007 Page 3 of 5 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 Movie & Video Store." 10. Attached as Exhibit I is a true and correct copy of documents produced by Netflix in this litigation with Serial Numbers NFLIX0001905-07, entitled "Circulating Libraries and Video Rental Stores," by Richard Roehl & Hal R. Varian, University of California, Berkeley, and University of Michigan, Dearbon, December 1996. 11. Attached as Exhibit J is a true and correct copy of excerpts from the deposition transcript of Linda Verin, taken on April 5, 2007. As set forth in the Declaration of Tony Chen filed concurrently, Mr. Chen was present at Ms. Verin's deposition, and the excerpts accurately represent the proceedings. 12. Attached as Exhibit K is a true and correct copy of excerpts from the deposition transcript of Tom Adams, taken on June 1, 2007. I was present at Mr. Adams' deposition, and the excerpts accurately represent the proceedings. [THIS EXHIBIT HAS BEEN FILED UNDER SEAL] 13. Attached as Exhibit L is a true and correct copy of a newspaper advertisement from The West Side Spirit regarding Cine Club video, dated December 23, 1985, and produced by Blockbuster in this litigation with Serial Number BB00013030. See Federal Rule of Evidence 902(6). 14. Attached as Exhibit M is a true and correct copy of a set of newspaper articles from Changing Times dated October 1985, produced by Blockbuster in this litigation with Serial Number BB00004581. See Federal Rule of Evidence 902(6). 15. Attached as Exhibit N is a true and correct copy of a "Regional Reports - Central Region" from Video Store magazine, dated January 1985 and produced by Blockbuster in this litigation with Serial Number BB00012976. See Federal Rule of Evidence 902(6). 16. Attached as Exhibit O is a true and correct copy of an advertisement for PopCard from The Oklahoman newspaper, dated April 2, 1982, and produced by Blockbuster in this litigation with Serial Number BB00013052. See Federal Rule of Evidence 902(6). 17. Attached as Exhibit P is a true and correct copy of excerpts from the deposition O'BRIEN DECLARATION IN SUPPORT OF BLOCKBUSTER'S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY AND NON-INFRINGEMENT CASE NO. C 06 2361 WHA (JCS) ACTIVE/72052883.1 2 Case 3:06-cv-02361-WHA Document 229 Filed 06/14/2007 Page 4 of 5 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 transcript of Mark Ramm, taken on March 23, 2007. As set forth in the Declaration of Tony Chen filed concurrently, Mr. Chen was present at Mr. Ramm's deposition and the excerpts accurately represent the proceedings. 18. Attached as Exhibit Q is a true and correct copy of excerpts from a document produced by Blockbuster in this litigation beginning with Serial Number BB00008174 entitled Automated Circulation Systems in Libraries Serving the Blind and Physically Handicapped: A Reference Guide for Planning, prepared by Cuadra Associates, Inc. under contract to the National Library Service for the Blind and Physically Handicapped, Library of Congress, dated May 15, 1981. 19. Attached as Exhibit R is a true and correct copy of excerpts from a European Patent Application, naming Yoshida as inventor, published as Publication Number 0 286 130 A2, on August 4, 1988, produced by Blockbuster in this litigation beginning with Serial Number BB00579584. 20. Attached as Exhibit S is a true and correct copy of excerpts from the deposition transcript of Shane Evangelist taken on April 17, 2007. I was present at Mr. Evangelist's deposition and the excerpts accurately represent the proceedings. [THIS EXHIBIT HAS BEEN FILED UNDER SEAL] 21. Attached as Exhibit T is a true and correct copy of excerpts from the deposition transcript of Haim Mendelson taken on June 5, 2007. I was present at Mr. Mendelson's deposition and the excerpts accurately represent the proceedings. 22. Attached as Exhibit U is a true and correct copy of documents regarding Tape Rental Library, Inc. that were marked as Exhibit 41 at the deposition of Mr. Ramm on March 23, 2007. 23. Attached as Exhibit V is a true and correct copy of excerpts from the Random House Dictionary of the English Language, 2nd Edition, Unabridged. 24. Attached as Exhibit W is a true and correct copy of documents regarding Tape Rental Library, Inc. that were marked as Exhibit 25 at the deposition of Mr. Ramm on March 23, O'BRIEN DECLARATION IN SUPPORT OF BLOCKBUSTER'S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY AND NON-INFRINGEMENT CASE NO. C 06 2361 WHA (JCS) ACTIVE/72052883.1 3 Case 3:06-cv-02361-WHA Document 229 Filed 06/14/2007 Page 5 of 5 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 2007. I declare under penalty of perjury that the foregoing is true and correct. Executed this 14th day of June, 2007 in Santa Monica, California. /s/ William J. O'Brien O'BRIEN DECLARATION IN SUPPORT OF BLOCKBUSTER'S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY AND NON-INFRINGEMENT CASE NO. C 06 2361 WHA (JCS) ACTIVE/72052883.1 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?