Netflix, Inc. v. Blockbuster, Inc.

Filing 25

N

etflix, Inc. v. Blockbuster, Inc.

U.S. PATENT NO. 7,024,381
CLAIM LANGUAGE 1. A computer-implemented method for renting movies to customers, the method comprising: providing electronic digital information that causes one or more attributes of movies to be displayed; ACCUSED METHODS/SYSTEMS 1. BLOCKBUSTER OnlineŽ (the accused instrumentality) employs a computer-implemented method for renting movies to customers. See www.blockbuster.com 1a. BLOCKBUSTER OnlineŽ provides electronic digital information that causes one or more attributes of movies to be displayed to the customer.

establishing, in electronic digital form,

"Frequently Asked Questions," at http://blockbuster.custhelp.com/cgibin/blockbuster.cfg/php/enduser/std_alp.php? 1b. From electronic digital information received over the Internet, BLOCKBUSTER OnlineŽ establishes an
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CLAIM LANGUAGE from electronic digital information received over the Internet, a movie rental queue associated with a customer comprising an ordered list indicating two or more movies for renting to the customer; ACCUSED METHODS/SYSTEMS electronic movie rental queue, associated with a customer, that displays an ordered list indicating two or more movies to be rented to the customer.

causing to be delivered to the customer up to a specified number of movies based upon the order of the list;

"Frequently Asked Questions," at http://blockbuster.custhelp.com/cgibin/blockbuster.cfg/php/enduser/std_alp.php? 1c. BLOCKBUSTER OnlineŽ causes to be delivered to the customer up to a specified number of movies based upon the order of the list. "BLOCKBUSTER OnlineŽ will automatically ship titles to a [customer] up to a [customer's] maximum number of outstanding BLOCKBUSTER OnlineŽ Rentals, from and in the order that [customers] have listed in [their] rental queue, subject to availability." Selection and Allocation of Product, BLOCKBUSTER OnlineŽ RENTAL TERMS AND CONDITIONS 1d. In response to delivery criteria being satisfied (e.g. receipt of a movie, report of an issue with a DVD, or the occurrence of a specified date), BLOCKBUSTER OnlineŽ selects another movie based on the order of the list and causes that selected movie to be delivered to the customer.

in response to one or more delivery criteria being satisfied, selecting another movie based upon the order of the list and causing the selected movie to be delivered to the customer; and

"How it Works", at http://www.blockbuster.com/homepages/displayPage.action?channel1=Sign+In+Sign+Up&channel2=findoutmor e&nav=false&cctr=homehowitworks

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in response to other electronic digital information received from the customer over the Internet, electronically updating the movie rental queue.

"Frequently Asked Questions," at http://blockbuster.custhelp.com/cgibin/blockbuster.cfg/php/enduser/std_alp.php? 1e. In response to electronic digital information received from the customer over the Internet, BLOCKBUSTER OnlineŽ electronically updates the movie rental queue.

2. A computer-implemented method as recited in Claim 1, wherein updating the movie rental queue comprises changing the order of the two or more movies for renting to the customer.

"Frequently Asked Questions," at http://blockbuster.custhelp.com/cgibin/blockbuster.cfg/php/enduser/std_alp.php? 2. In response to electronic digital information received from the customer over the Internet, BLOCKBUSTER OnlineŽ updates the movie rental queue by changing the order of movies contained within the movie rental queue.

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3. A computer-implemented method as recited in Claim 1, wherein updating the movie rental queue comprises indicating an additional movie in the ordered list.

"Frequently Asked Questions," at http://blockbuster.custhelp.com/cgibin/blockbuster.cfg/php/enduser/std_alp.php? 3. In response to electronic digital information received from the customer over the Internet, BLOCKBUSTER OnlineŽ updates the movie rental queue by adding an additional movie to the movie rental queue.

4. A computer-implemented method as recited in Claim 1, wherein updating the movie rental queue comprises removing an indication of one or more of the movies from the ordered list.

"Frequently Asked Questions," at http://blockbuster.custhelp.com/cgibin/blockbuster.cfg/php/enduser/std_alp.php? 4. In response to electronic digital information received from the customer over the Internet, BLOCKBUSTER OnlineŽ updates the movie rental queue by removing one or more movies from the movie rental queue.

"Frequently Asked Questions," at http://blockbuster.custhelp.com/cgibin/blockbuster.cfg/php/enduser/std_alp.php?

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CLAIM LANGUAGE 5. A computer-implemented method as recited in Claim 1, wherein the two or more movies for renting to the customer are selected by the customer. ACCUSED METHODS/SYSTEMS 5. Customers select the two or more movies to be rented to the customer.

6. A computer-implemented method as recited in Claim 1, further comprising determining the order of the two or more movies based upon one or more preferences of the customer.

"Frequently Asked Questions," at http://blockbuster.custhelp.com/cgibin/blockbuster.cfg/php/enduser/std_alp.php? 6. Customers can determine the order of the two or more movies in their movie rental queue by using their priority boxes.

"Frequently Asked Questions," at http://blockbuster.custhelp.com/cgi-

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CLAIM LANGUAGE 7. A computer-implemented method as recited in Claim 1, wherein the delivery of the selected movie comprises delivery by mail. 8. A computer-implemented method as recited in Claim 1, wherein the delivery of the selected movie comprises delivery by mail on one or more optical media. 9. A computer-implemented method as recited in Claim 1, wherein the delivery criteria comprises receipt of the movie by mail. ACCUSED METHODS/SYSTEMS bin/blockbuster.cfg/php/enduser/std_alp.php? 7. BLOCKBUSTER OnlineŽ provides that "delivery and return of your BLOCKBUSTER Online Rentals will be via U.S. Postal Service ("USPS")." Delivery and Return of Rented DVDs, BLOCKBUSTER OnlineŽ RENTAL TERMS AND CONDITIONS 8. BLOCKBUSTER OnlineŽ ships optical media (i.e. DVDs) "via U.S. Postal Service ("USPS")." Delivery and Return of Rented DVDs, BLOCKBUSTER OnlineŽ RENTAL TERMS AND CONDITIONS 9. Receipt of a returned movie by mail is a delivery criteria.

"How it Works", at http://www.blockbuster.com/homepages/displayPage.action?channel1=Sign+In+Sign+Up&channel2=findoutmor e&nav=false&cctr=homehowitworks

"Frequently Asked Questions," at http://blockbuster.custhelp.com/cgibin/blockbuster.cfg/php/enduser/std_alp.php?

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CLAIM LANGUAGE 10. A computer-implemented method as recited in Claim 1, wherein a number of movies delivered to the customer and not yet returned does not exceed the specified number. ACCUSED METHODS/SYSTEMS 10. BLOCKBUSTER OnlineŽ requires that that the number of movies delivered to the customer and not yet returned does not exceed the specified number of outstanding rentals allowed. "If you have the maximum number of BLOCKBUSTER Online Rentals allowed by your plan checked out, no additional movies will be shipped until you return one or more of the BLOCKBUSTER Online Rentals." Selection and Allocation of Product, BLOCKBUSTER OnlineŽ RENTAL TERMS AND CONDITIONS 11. In response to an indication that one or more delivery criteria has been satisfied (e.g. problem notifications that a DVD is damaged, unplayable, or never received), BLOCKBUSTER OnlineŽ electronically updates the movie rental queue.

11. A method as recited in claim 1, wherein the other electronic digital information indicates one or more delivery criteria being satisfied.

12. A method as recited in claim 1, wherein the other electronic digital information comprises one or more selection criteria.

"Frequently Asked Questions," at http://blockbuster.custhelp.com/cgibin/blockbuster.cfg/php/enduser/std_alp.php? 12. In response to receiving one or more selection criteria (e.g. an additional selected DVD title), BLOCKBUSTER OnlineŽ electronically updates the movie rental queue.

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13. A method as recited in claim 1, wherein the movies comprise any of motion pictures, television series, documentaries, cartoons, music videos, video recordings of concert performances, instructional programs, and educational programs. 14. A computer-implemented method for renting movies to customers, the method comprising: providing electronic digital information that causes one or more attributes of movies to be displayed; establishing, in electronic digital form, from electronic digital information received over the Internet, a movie rental queue associated with a customer comprising an ordered list indicating two or more movies for renting to the customer; causing to be delivered to the customer up to a specified number of movies based upon the order of the list, wherein the

"Frequently Asked Questions," at http://blockbuster.custhelp.com/cgibin/blockbuster.cfg/php/enduser/std_alp.php? 13. BLOCKBUSTER OnlineŽ offer a wide array of movie genres to rent.

See "How it Works", at http://www.blockbuster.com/homepages/displayPage.action?channel1=Sign+In+Sign+Up&channel2=findoutmor e&nav=false&cctr=homehowitworks 14. See Contention 1. 14a. See Contention 1a. 14b. See Contention 1b.

14c. BLOCKBUSTER OnlineŽ does not require the customer to return the movies within a specified time associated with delivery.

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CLAIM LANGUAGE customer is not required to return the movies within a specified time associated with delivery; ACCUSED METHODS/SYSTEMS "You may keep BLOCKBUSTER Online Rentals as long as you choose during your Membership Term, for no charge other than the applicable periodic [membership fee]." Membership Plans, BLOCKBUSTER OnlineŽ RENTAL TERMS AND CONDITIONS

in response to one or more delivery criteria being satisfied, selecting another movie based upon the order of the list and causing the selected movie to be delivered to the customer; and in response to other electronic digital information received from the customer over the Internet, electronically updating the movie rental queue. 15. A computer-implemented method as recited in Claim 14, wherein updating the movie rental queue comprises changing the order of the two or more movies for renting to the customer. 16. A computer-implemented method as recited in Claim 14, wherein updating the movie rental queue comprises indicating an additional movie in the ordered list. 17. A computer-implemented method as recited in Claim 14, wherein updating the movie rental queue comprises removing an indication of one or more of the movies from the ordered list. 18. A computer-implemented method as recited in Claim 14, wherein the two or

See "How it Works", at http://www.blockbuster.com/homepages/displayPage.action?channel1=Sign+In+Sign+Up&channel2=findoutmor e&nav=false&cctr=homehowitworks 14d. See Contention 1d.

14e. See Contention 1e.

15. See Contention 2.

16. See Contention 3.

17. See Contention 4.

18. See Contention 5.

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CLAIM LANGUAGE more movies for renting to the customer are selected by the customer. 19. A computer-implemented method as recited in Claim 14, further comprising determining the order of the two or more movies based upon one or more preferences of the customer. 20. A computer-implemented method as recited in Claim 14, wherein the delivery of the selected movie comprises delivery by mail. 21. A computer-implemented method as recited in Claim 14, wherein the delivery of the selected movie comprises delivery by mail on one or more optical media. 22. A computer-implemented method as recited in Claim 14, wherein the delivery criteria comprises receipt of the movie by mail. 23. A computer-implemented method as recited in Claim 14, wherein a number of movies delivered to the customer and not yet returned does not exceed the specified number. 24. A computer-implemented method for renting movies to customers, the method comprising: providing electronic digital information that causes one or more attributes of movies to be displayed; establishing, in electronic digital form, from electronic digital information received over the Internet, a movie rental queue associated with a customer comprising an ordered list indicating two ACCUSED METHODS/SYSTEMS

19. See Contention 6.

20. See Contention 7.

21. See Contention 8.

22. See Contention 9.

23. See Contention 10.

24. See Contention 1. 24a. See Contention 1a. 24b. See Contention 1b.

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CLAIM LANGUAGE or more movies for renting to the customer; causing to be delivered to the customer up to a specified number of movies based upon the order of the list, wherein the customer is not charged a fee for retaining one or more movies beyond a specified time associated with delivery; ACCUSED METHODS/SYSTEMS

24c. BLOCKBUSTER OnlineŽ does not a fee for retaining one of more movies beyond a specified time associated with delivery beyond the applicable monthly subscription rate. "You may keep BLOCKBUSTER Online Rentals as long as you choose during your Membership Term, for no charge other than the applicable periodic [membership fee]." Membership Plans, BLOCKBUSTER OnlineŽ RENTAL TERMS AND CONDITIONS

in response to one or more delivery criteria being satisfied, selecting another movie based upon the order of the list and causing the selected movie to be delivered to the customer; and in response to other electronic digital information received from the customer over the Internet, electronically updating the movie rental queue. 25. A computer-implemented method as recited in Claim 24, wherein updating the movie rental queue comprises changing the order of the two or more movies for renting to the customer. 26. A computer-implemented method as recited in Claim 24, wherein updating the movie rental queue comprises indicating an additional movie in the ordered list. 27. A computer-implemented method as recited in Claim 24, wherein updating the

See "How it Works", at http://www.blockbuster.com/homepages/displayPage.action?channel1=Sign+In+Sign+Up&channel2=findoutmor e&nav=false&cctr=homehowitworks 24d. See Contention 1d.

24e. See Contention 1e.

25. See Contention 2.

26. See Contention 3.

27. See Contention 4.

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CLAIM LANGUAGE movie rental queue comprises removing an indication of one or more of the movies from the ordered list. 28. A computer-implemented method as recited in Claim 24, wherein the two or more movies for renting to the customer are selected by the customer. 29. A computer-implemented method as recited in Claim 24, further comprising determining the order of the two or more movies based upon one or more preferences of the customer. 30. A computer-implemented method as recited in Claim 24, wherein the delivery of the selected movie comprises delivery by mail. 31. A computer-implemented method as recited in Claim 24, wherein the delivery of the selected movie comprises delivery by mail on one or more optical media. 32. A computer-implemented method as recited in Claim 24, wherein the delivery criteria comprises receipt of the movie by mail 33. A computer-implemented method as recited in Claim 24, wherein a number of movies delivered to the customer and not yet returned does not exceed the specified number. 34. A computer-implemented method for renting movies to customers, the method comprising: ACCUSED METHODS/SYSTEMS

28. See Contention 5.

29. See Contention 6.

30. See Contention 7.

31. See Contention 8.

32. See Contention 9.

33. See Contention 10.

34. See Contention 1.

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CLAIM LANGUAGE establishing over the Internet a rental agreement with a customer that provides for charging the customer a periodic fee; ACCUSED METHODS/SYSTEMS 34a. BLOCKBUSTER OnlineŽ requires customers to enter into an online rental agreement that provides for charging the customer a periodic fee. "You agree to pay the applicable periodic membership fees (plus taxes) in accordance with your Payment Method issuer agreement, if applicable." How to Subscribe, BLOCKBUSTER OnlineŽ RENTAL TERMS AND CONDITIONS 34b. See Contention 1a. 34b. See Contention 1b.

providing electronic digital information that causes one or more attributes of movies to be displayed; establishing, in electronic digital form, from electronic digital information received over the Internet, a movie rental queue associated with a customer comprising an ordered list indicating two or more movies for renting to the customer; causing to be delivered to the customer up to a specified number of movies based upon the order of the list; in response to one or more delivery criteria being satisfied, if the customer is current on the periodic fee, selecting another movie based upon the order of the list and causing the selected movie to be delivered to the customer; and in response to other electronic digital information received from the customer over the Internet, electronically updating the movie rental queue. 35. A computer-implemented method as recited in Claim 34, wherein updating the movie rental queue comprises changing the order of the two or more movies for renting to the customer. 36. A computer-implemented method as

34c. See Contention 1c. 34d. See Contention 1d.

34e. See Contention 1e.

35. See Contention 2.

36. See Contention 3.

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CLAIM LANGUAGE recited in Claim 34, wherein updating the movie rental queue comprises indicating an additional movie in the ordered list. 37. A computer-implemented method as recited in Claim 34, wherein updating the movie rental queue comprises removing an indication of one or more of the movies from the ordered list. 38. A computer-implemented method as recited in Claim 34, wherein the two or more movies for renting to the customer are selected by the customer. 39. A computer-implemented method as recited in Claim 34, further comprising determining the order of the two or more movies indicated by the movie rental queue based upon preferences of the customer. 40. A computer-implemented method as recited in Claim 34, wherein the delivery of the selected movie comprises delivery by mail. 41. A computer-implemented method as recited in Claim 34, wherein the delivery of the selected movie comprises delivery by mail on one or more optical media. 42. A computer-implemented method as recited in Claim 34, wherein the receipt of the movie previously delivered to the customer comprises receipt by mail. 43. A computer-implemented method as recited in Claim 34, wherein a number of movies delivered to the customer and not yet returned does not exceed the specified number. ACCUSED METHODS/SYSTEMS

37. See Contention 4.

38. See Contention 5.

39. See Contention 6.

40. See Contention 7.

41. See Contention 8.

42. See Contention 9.

43. See Contention 10.

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CLAIM LANGUAGE 44. A computer system for renting movies to customers, comprising: a computer that is coupled to a digital telecommunications network by a digital telecommunications link; an electronic digital memory in the computer; one or more sequences of computer program instructions stored in the electronic digital memory which, when executed, cause the computer to perform the steps of: providing electronic digital information that causes one or more attributes of movies to be displayed; establishing, in electronic digital form, from electronic digital information received over the Internet, a movie rental queue associated with a customer comprising an ordered list indicating two or more movies for renting to the customer; causing to be delivered to the customer up to a specified number of movies based upon the order of the list; in response to one or more delivery criteria being satisfied, selecting another movie based upon the order of the list and causing the selected movie to be delivered to the customer; and in response to other electronic digital information received from the customer over the Internet, electronically updating the movie rental queue. 45. A computer system as recited in ACCUSED METHODS/SYSTEMS 44. BLOCKBUSTER OnlineŽ employs a computer-system for renting movies to customers. 44a. BLOCKBUSTER OnlineŽ's computer system comprises a computer that is coupled to digital telecommunications network by a digital telecommunications link. 44b. BLOCKBUSTER OnlineŽ computer system comprises an electronic digital memory in the computer. 44c. BLOCKBUSTER OnlineŽ's computer system comprises one or more sequences of computer program instructions stored in the electronic digital memory which, when executed, cause the computer(s) to perform the steps necessary to facilitate the DVD rental service as described above in claim 1. 44d. See Contention 1a. 44e. See Contention 1b.

44f. See Contention 1c. 44g. See Contention 1d.

44h. See Contention 1e.

45. See Contention 2.

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CLAIM LANGUAGE Claim 44, wherein the other electronic digital information specifies changing the order of the two or more movies for renting to the customer. 46. A computer system as recited in Claim 44, wherein the other electronic digital information specifies an additional movie to add to the ordered list. 47. A computer system as recited in Claim 44, wherein the other electronic digital information specifies removing an indication of one or more of the movies from the ordered list. 48. A computer system as recited in Claim 44, wherein the delivery of the selected movie comprises delivery by mail. 49. A computer system as recited in Claim 44, wherein the delivery of the selected movie comprises delivery by mail on one or more optical media. 50. A computer system as recited in Claim 44, wherein the delivery criteria comprise receipt by mail. 51. A computer system as recited in Claim 44, wherein a number of movies delivered to the customer and not yet returned does not exceed the specified number. ACCUSED METHODS/SYSTEMS

46. See Contention 3.

47. See Contention 4.

48. See Contention 7.

49. See Contention 8.

50. See Contention 9. 51. See Contention 10.

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