Netflix, Inc. v. Blockbuster, Inc.

Filing 25

N

etflix, Inc. v. Blockbuster, Inc.

U.S. PATENT NO. 6,584,450
CLAIM LANGUAGE 1. A method for renting items to customers, the method comprising the computer-implemented steps of: receiving one or more item selection criteria that indicates two or more items that a customer desires to rent; ACCUSED METHODS 1. BLOCKBUSTER OnlineŽ (the accused instrumentality) employs a computer-implemented method for renting DVDs to customers. See www.blockbuster.com 1a. BLOCKBUSTER OnlineŽ receives one or more item selection criteria (e.g., DVD title selections) from customers that indicate two or more DVDs the customer desires to rent.

providing to the customer up to a specified number of the two or more items indicated by the one or more item selection criteria; and

"Frequently Asked Questions," at http://blockbuster.custhelp.com/cgibin/blockbuster.cfg/php/enduser/std_alp.php? 1b. BLOCKBUSTER OnlineŽ provides to the customer up to a specified number of the DVDs selected by the customer. "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. 1c. In response to receiving any of the items provided to the customer, BLOCKBUSTER OnlineŽ sends to the customer other DVD titles selected by the customer wherein the total current number DVD titles provided to the customer does not exceed the specified number of outstanding rentals allowed.

in response to receiving any of the items provided to the customer, providing to the customer one or more other items indicated by the one or more item selection criteria, wherein a total current number of items provided to the customer does not exceed the specified number.

Dockets.Justia.com

Doc. 25 Att. 2

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See Contention "How it Works", at http://www.blockbuster.com/homepages/displayPage.action?channel1=Sign+In+Sign+Up&channel2=findoutmore &nav=false&cctr=homehowitworks 2. BLOCKBUSTER OnlineŽ offers "limited" rental plans wherein the total number of items provided to a customer every month may not exceed a specific limit. BLOCKBUSTER OnlineŽ offers a limited plan whereby BLOCKBUSTER OnlineŽ provides only 1 of the DVD titles selected by the customer at a time and only 3 DVD titles total per month.

2. A method as recited in claim 1, wherein a total number of items provided to the customer within a specified period of time does not exceed a specified limit.

4. A method as recited in claim 1, wherein the one or more item selection criteria indicates a desired order for the two or more items that a customer desires to rent,

http://www.blockbuster.com/acctmgmt/displaySubscriptionOffers.action?refId=blockbuster&cctr=homebutton 4. See Contention 1. 4a. BLOCKBUSTER OnlineŽ receives from customers a desired order in which customers wish to receive the DVD titles they desire to rent.

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the step of providing to the customer up to a specified number of the two or more items indicated by the one or more item selection criteria includes providing to the customer up to a specified number of the two or more items indicated by the one or more item selection criteria in the desired order indicated by the item selection criteria, and the step of providing to the customer one or more other items indicated by the one or more item selection criteria includes providing to the customer one or more other items indicated by the one or more item selection criteria in the desired order indicated by the one or more item selection criteria. 5. A method as recited in claim 4, further comprising if a particular item from the one or more items indicated by the one or more item selection criteria is not

"Frequently Asked Questions," at http://blockbuster.custhelp.com/cgibin/blockbuster.cfg/php/enduser/std_alp.php? 4b. BLOCKBUSTER OnlineŽ provides to the customer up to a specified number of selected items in the order specified by the customer. "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 4c. In response to receiving any of the items provided to the customer, BLOCKBUSTER OnlineŽ will provide to the customer other selected items in the order specified by the customer.

See Contention "How it Works", at http://www.blockbuster.com/homepages/displayPage.action?channel1=Sign+In+Sign+Up&channel2=findoutmore &nav=false&cctr=homehowitworks 5. If an item is not available, BLOCKBUSTER OnlineŽ provides another of the selected items based upon the desired order indicated by the customer.

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available, then providing another item from the one or more items based upon the desired order indicated by the one or more item selection criteria

7. A method as recited in claim 1, further comprising: establishing, based upon the one or more item selection criteria, an item rental queue for the customer, wherein the item rental queue contains one or more entries that specify the two or more items that the customer desires to rent; and

"Frequently Asked Questions," at http://blockbuster.custhelp.com/cgibin/blockbuster.cfg/php/enduser/std_alp.php? 7. See Contention 1. 7a. BLOCKBUSTER OnlineŽ establishes a DVD rental queue for the customer that contains entries that specify the DVDs that the customer desires to rent.

in response to receiving back any of the items provided to the customer, selecting the one or more other items from the item rental queue.

"Frequently Asked Questions," at http://blockbuster.custhelp.com/cgibin/blockbuster.cfg/php/enduser/std_alp.php? 7b. In response to receiving back any of the DVDs provided to the customer, BLOCKBUSTER OnlineŽ selects another DVD from the DVD rental queue to send to the customer.

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See Contention "How it Works", at http://www.blockbuster.com/homepages/displayPage.action?channel1=Sign+In+Sign+Up&channel2=findoutmore &nav=false&cctr=homehowitworks 8. In response to receiving a customer notification (e.g. that a DVD is damaged, unplayable, or never received), BLOCKBUSTER OnlineŽ, will provide one or more other DVDs selected by the customer.

8. A method as recited in claim 1, further comprising in response to receiving a customer notification, providing to the customer a second set of one or more other items indicated by the one or more item selection criteria.

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

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9. A method as recited in claim 1, further comprising in response to expiration of a specified amount of time, providing to the customer a second set of one or more other items indicated by the one or more item selection criteria. 9. BLOCKBUSTER OnlineŽ offers a "limited" rental plan wherein the total number of DVDs provided to a customer every month may not exceed 3 in number. Upon the expiration of the monthly subscription period, BLOCKBUSTER OnlineŽ will provide one or more other DVDs selected by the customer if the customer has an open rental slot.

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10. A method as recited in claim 1, further comprising in response to a specified date being reached, providing to the customer a second set of one or more other items indicated by the one or more item selection criteria. 10. BLOCKBUSTER OnlineŽ offers a "limited" rental plan wherein the total number of DVDs provided to a customer every month may not exceed 3 in number. Upon the first date of the subsequent monthly subscription period, BLOCKBUSTER OnlineŽ will provide one or more other DVDs selected by the customer if the customer has an open rental slot.

11. A method as recited in claim 1, further comprising in response to a specified fee being received, providing to the customer a second set of one or more other items indicated by the one or more item selection criteria. 12. A method as recited in claim 1, wherein items are provided to the customer by mail.

11. In response to receipt of payment from a customer who has upgraded to a plan with higher rental maximums, BLOCKBUSTER OnlineŽ provides the customer one or more DVDs selected by the customer. Modifying of BLOCKBUSTER Online Memberships, BLOCKBUSTER OnlineŽ RENTAL TERMS AND CONDITIONS 12. BLOCKBUSTER OnlineŽ provides items to the customer by mail. "Delivery and return of your BLOCKBUSTER Online Rentals will be via U.S. Postal Service ("USPS").

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Delivery and Return of Rented DVDs, BLOCKBUSTER OnlineŽ RENTAL TERMS AND CONDITIONS 13. BLOCKBUSTER OnlineŽ provides items to the customer by a delivery agent "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 14. See Contention 1. 14a. See Contention 1. 14b. See Contention 1a. 14c. See Contention 1a.

13. A method as recited in claim 1, wherein items are provided to the customer by a delivery agent. 14. A method as recited in claim 1, wherein: the two or more items are two or more movies, the one or more item selection criteria are one or more movie selection criteria, the step of receiving one or more item selection criteria that indicates two or more items that a customer desires to rent includes receiving one or more movie selection criteria that indicates two or more movies that a customer desires to rent, the step or providing to the customer up to a specified number of the one or more items indicated by the one or more item selection criteria includes providing to the customer up to a specified number of the two or more movies indicated by the one or more movie selection criteria, and the step of in response to receiving any of the items provided to the customer, providing to the customer one or more other items indicated by the one or more item selection criteria, wherein a total current number of items provided to the customer does not exceed the specified number includes in response to receiving any of the movies provided to the customer, providing to the customer one or more other movies indicated by the one or more movie selection criteria, wherein a

14d. See Contention 1b.

14e. See Contention 1c.

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total current number of movies provided to the customer does not exceed the specified number. 16. A method for renting items to customers, the method comprising the computer-implemented steps of: receiving one or more item selection criteria that indicates two or more items that a customer desires to rent; providing to the customer up to a specified number of the two or more items indicated by the one or more item selection criteria; and in response to receiving any of the items provided to the customer, providing to the customer one or more other items indicated by the one or more item selection criteria, wherein a total number of items provided to the customer within a specified period of time does not exceed a specified limit.

16. See Contention 1. 16a. See Contention 1a. 16b. See Contention 1b.

16c. BLOCKBUSTER OnlineŽ offers a "limited" rental plans wherein the total number of DVDs provided to a customer every month may not exceed 3 in number.

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19. A method as recited in claim 16, wherein the one or more item selection criteria indicates a desired order for the two or more items that a customer desires to rent, the step of providing to the customer up to a specified number of the two or more items indicated by the one or more item selection criteria includes providing to the customer up to a specified number of the two or more items indicated by the one or more item selection criteria in the desired order indicated by the one or more item selection criteria, and the step of providing to the customer one or more other items indicated by the one or more item selection criteria includes providing to the customer one or more other items indicated by the one or more item selection criteria in the desired order indicated by the one or more item selection criteria. 20. A method as recited in claim 19, further comprising if a particular item from the two or more items indicated by the one or more item selection criteria is not available, then providing another item from the two or more items based upon the desired order indicated by the one or more item selection criteria. 22. A method as recited in claim 16, further comprising establishing, based upon the one or more item selection criteria, an item rental queue for the customer, wherein the item rental queue contains one or more entries that 19. See Contention 16. 19a. See Contention 4a. 19b. See Contention 4b.

19c. See Contention 4c.

20. See Contention 5.

22. See Contention 16. 22a. See Contention 7a.

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specified the two or more items that the customer desires to rent; and in response to receiving back any of the items provided to the customer, selecting the one or more other items from the item rental queue. 23. A method as recited in claim 16, further comprising in response to receiving a customer notification, providing to the customer a second set of one or more other items indicated by the one or more item selection criteria. 24. A method as recited in claim 16, further comprising in response to expiration of a specified amount of time, providing to the customer a second set of one or more other items indicated by the one or more item selection criteria. 25. A method as recited in claim 16, further comprising in response to a specified date being reached, providing to the customer a second set of one or more other items indicated by the one or more item selection criteria. 26. A method as recited in claim 16, further comprising in response to a specified fee being received, providing to the customer a second set of one or more other items indicated by the one or more item selection criteria. 27. A method as recited in claim 16, wherein items are provided to the customer by mail. 28. A method as recited in claim 16, wherein items are provided to the customer by a delivery agent.

22b. See Contention 7b.

23. See Contention 8.

24. See Contention 9.

25. See Contention 10.

26. See Contention 11.

27. See Contention 12. 28. See Contention 13.

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29. A method as recited in claim 16, wherein: the two or more items are two or more movies, the one or more item selection criteria are one or more movie selection criteria, the step of receiving one or more item selection criteria that indicates two or more items that a customer desires to rent includes receiving one or more movie selection criteria that indicates two or more movies that a customer desires to rent, the step of providing to the customer up to a specified number of the one or more items indicated by the one or more item selection criteria includes providing to the customer up to a specified number of the two or more movies indicated by the one or more movie selection criteria, and the step of in response to receiving any of the items provided to the customer, providing to the customer one or more other items indicated by the one or more item selection criteria, wherein a total number of items provided to the customer within a specified period of time does not exceed a specified limit includes in response to receiving any of the movies provided to the customer, providing to the customer one or more other movies indicated by the one or more movie selection criteria, wherein a total number of items provided to the customer within a specified period of time does not exceed a specified limit. 31. A method for renting movies to 29. See Contention 16. 29a. See Contention 14a. 29b. See Contention 14b. 29c. See Contention 14c.

29d. See Contention 14d.

29e. See Contention 14e.

31. See Contention 1.

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customers, the method comprising the computer-implemented steps of: receiving one or more movie selection criteria from a customer that indicates two or more movies that the customer desires to rent; providing to the customer up to a specified number of the two or more movies indicated by the one or more movie selection criteria; and in response to a return of any of the movies provided to the customer, providing to the customer one or more other movies indicated by the one or more movie selection criteria, wherein a total current number of movies provided to the customer does not exceed the specified number. 32. A method as recited in claim 31, wherein the one or more movie selection criteria specifies an order in which the customer desires to receive the movies, the step of providing to the customer up to a specified number of the two or more movies indicated by the one or more movie selection criteria includes providing to the customer up to a specified number of the two or more movies indicated by the move selection criteria in the order specified by the one or more movie selection criteria, and the step of providing to the customer one or more other movies specified by the one or more movie selection criteria includes providing to the customer one or more

31a. See Contention 1a.

31b. See Contention 1b.

31c. See Contention 1c.

32. See Contention 31. 32a. See Contention 4a. 32b. See Contention 4b.

32c. See Contention 4c.

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other movies specified by the one or more movie selection criteria in the order specified by the one or more movie selection criteria. 34. A method as recited in claim 31, wherein movies are provided to the customer by mail 35. A method as recited in claim 31, wherein movies are provided to the customer by a delivery agent.

34. See Contention 12. 35. See Contention 13.

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