Netflix, Inc. v. Blockbuster, Inc.

Filing 25

Netflix, Inc. v. Blockbuster, Inc.

Doc. 25

Case 3:06-cv-02361-WHA

Document 25

Filed 07/13/2006

Page 1 of 3

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

KEKER & VAN NEST, LLP JEFFREY R. CHANIN - #103649 DARALYN J. DURIE - #169825 ASIM M. BHANSALI - #194925 DOROTHY R., MCLAUGHLIN - #229453 KEVIN T. REED - #240799 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff NETFLIX, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO NETFLIX, INC., a Delaware corporation, Plaintiff, v. BLOCKBUSTER, INC., a Delaware corporation, DOES 1-50, Defendant. Case No. C 06 2361 WHA NETFLIX'S DISCLOSURE OF ASSERTED CLAIMS AND PRELIMINARY INFRINGEMENT CONTENTIONS FOR U.S. PATENT NOS. 7,024,381 AND 6,584,450 Complaint filed: April 4, 2006

1
372500.02

NETFLIX'S DISCLOSURE OF ASSERTED CLAIMS AND PRELIMINARY INFRINGEMENT CONTENTIONS CASE NO. C 06 2361 WHA

Dockets.Justia.com

Case 3:06-cv-02361-WHA

Document 25

Filed 07/13/2006

Page 2 of 3

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

Pursuant to Patent L.R. 3-1 and 3-2, Plaintiff Netflix, Inc. ("Netflix") hereby discloses its asserted claims and preliminary infringement contentions and identifies the accompanying document production for U.S. Patent Nos. 7,024,381 (the "'381 Patent") and 6,584,450 (the "'450 Patent"). INTRODUCTION This disclosure is made solely for the purpose of this action. This disclosure is subject to all objections as to competence, relevance, materiality, propriety, and admissibility, and to any and all other objections on any grounds that would require the exclusion of statement contained herein if such disclosure were asked of, or statements contain herein were made by, a witness present and testifying in court, all of which objections and grounds are expressly reserved and may be interposed at the time of trial. Discovery in this matter is still at a very early stage and is ongoing. Indeed, Netflix has still obtained no discovery from Defendant Blockbuster Inc. ("BBI") regarding the BLOCKBUSTER OnlineŽ system, or its architecture, its implementation, or its operating software, hardware and other. Netflix's investigation regarding past and present grounds of infringement is ongoing. Netflix's disclosure is given without prejudice to Netflix's right to add to, supplement, amend, or modify its disclosure as additional facts are ascertained, analyses are made, research is completed, and claims are construed. Netflix's disclosure is not and cannot be complete at this time and is subject to revision. PRELIMINARY INFRINGEMENT CONTENTIONS FOR U.S. PATENT NOS. 7,024,381 AND 6,584,450 Netflix's Preliminary Infringement Contentions pursuant to Patent L.R. 3-1(a)-(c) for the `381 Patent and the `450 Patent are provided respectively as Exhibits A and B, wherein each claim that is allegedly infringed is identified [hereinafter "asserted claims"]. Pursuant to Patent L.R. 3-1(d), Netflix contends that each element of each asserted claim

2
372500.02

NETFLIX'S DISCLOSURE OF ASSERTED CLAIMS AND PRELIMINARY INFRINGEMENT CONTENTIONS CASE NO. C 06 2361 WHA

Case 3:06-cv-02361-WHA

Document 25

Filed 07/13/2006

Page 3 of 3

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

listed in Exhibits A and B is literally present in the Accused Methods or Systems based upon the information known to Netflix as of this date. Netflix reserves the right to assert infringement under the doctrine of equivalents after further discovery of BLOCKBUSTER OnlineŽ's methods and systems, and after claims are construed. Pursuant to Patent L.R. 3-1(e), Netflix contends that the asserted claims of the `381 and `450 Patents are entitled to a priority date of April 28, 2000. Wishing to preserve its right to rely on the assertion that its own methods and systems practice the claimed invention pursuant to Patent L.R. 3-1(f), Netflix discloses that it practices each asserted claim in both the `391 and `450 Patents. NETFLIX'S DISCLOSURE OF DOCUMENTS Pursuant to Patent L.R. 3-2(c), Netflix has produced documents Bates Nos. NFLIX0000001 through NFLIX00002517. Pursuant to mutual agreement of the parties, the production required pursuant to Patent Local Rule 3-2(a) and (b) will be produced on July 28, 2006, as part of Netflix's initial disclosures pursuant to Fed. R. Civ. P. 26. Discovery in this matter is still at an early stage and is ongoing. Consequently, Netflix continues to investigate the facts relating to this action. Netflix anticipates that, as this action proceeds, further documents may be discovered, or their significance better understood, and Netflix reserves the right to modify, amend, and/or supplement its responses with such pertinent documents. Dated: July 13, 2006 KEKER & VAN NEST, LLP

By: /s/ Jeffrey R. Chanin_________________ JEFFREY R. CHANIN Attorneys for Plaintiff NETFLIX, INC.

3
372500.02

NETFLIX'S DISCLOSURE OF ASSERTED CLAIMS AND PRELIMINARY INFRINGEMENT CONTENTIONS CASE NO. C 06 2361 WHA