Netflix, Inc. v. Blockbuster, Inc.

Filing 26

Netflix, Inc. v. Blockbuster, Inc.

Doc. 26 Att. 1

Case 3:06-cv-02361-WHA

Document 26-2

Filed 07/20/2006

Page 1 of 17

EXHIBIT 'A'

Dockets.Justia.com

u.s. PATENT NO. 7,024,381

1. A computer-implemented method for renting movies to customers, the method comprising:

1. BLOCKBUSTER OnlineCI (the accused instrumentality) employs a computer-implemented method for renting movies to customers.

See ww.blockbuster.com
i a. BLOCKBUSTER OnlineCI provides electronic digital information that causes one or more attributes of movies to be displayed to the customer.

providing electronic digital information

that causes one or more attbutes of

Case 3:06-cv-02361-WHA

movies to be displayed;

Document 26-2 Filed 07/20/2006

"Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster.cfg/php/enduser/std alp.php?

Page 2 of 17

establishinii, in electronic digital form,

i b. From electronic diiiital information received over the Internet, BLOCKBUSTER OnlineCI establishes an

1

u.s. PATENT NO. 7,024,381

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;

Case 3:06-cv-02361-WHA

"Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster.cfg/php/enduser/std alp.php?

1 c. BLOCKBUSTER OnlineCI causes to be delivered to the customer up to a specified number of movies based
upon the order of the list.

Document 26-2

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

"BLOCKBUSTER OnlineCI wil automatically ship titles to a (customer) up to a (customer's) maximum number of outstanding BLOCKBUSTER OnlineCI Rentals, from and in the order that (customers) have listed in (their) rental queue, subject to availability." Selection and Allocation of Product, BLOCKBUSTER OnlineCI RENTAL TERMS AN CONDITIONS 1 d. 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 Online~ selects another movie based on the order of the list and causes that selected movie to be delivered to the customer.

Filed 07/20/2006

Unlimited DVD Rentals

For only $17.99 a month (plus taxes) you can rent all the moiiies you want. Haiie up to 3 DVDs out at a time. Keep the DVDs as long as you want. When you're done with a DVD, just send it back in the proiiided postage paid eniielope. We'll send you another selection from your rental queue. Keep your queue full and keep the moiiies coming.

"How it Works", at
htt://ww.blockbuster.com/omepages/ displayPage.action?channel 1 =Sign+ In+Sign+Up&channel2=findoutror

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e&nav=false&cctrhomehowitworks

2

u.s. PATENT NO. 7,024,381

Case 3:06-cv-02361-WHA

"Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster .cfg/php/enduser/std alp.php?

Ie. In response to electronic digital information received from the customer over the Internet, BLOCKBUSTER

Document 26-2

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

Filed 07/20/2006

"Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster.cfg/php/enduser/std alp.php?
2. In response to electronic digital information received from the customer over the

2. A computer-implemented method as

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recited in Claim 1, wherein updating the movie rental queue comprises changing the order of the two or more movies for rentinii to the customer.

Internet, BLOCKBUSTER OnlineCI updates the movie rental queue by changing the order of movies contained within the movie rental queue.

3

u.s. PATENT NO. 7,024,381

"Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster .cfg/php/enduser/std alp.php?

Case 3:06-cv-02361-WHA

3. A computer-implemented method as

3. In response to electronic digital information received from the customer over the Internet, BLOCKBUSTER
OnlineCI updates the movie rental queue by adding an additional movie to the movie rental queue.

recited in Claim 1, wherein updating the movie rental queue comprises indicating an additional movie in the ordered list.

Document 26-2

"Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster .cfg/php/enduser/std alp.php?

4. A computer-implemented method as

Filed 07/20/2006

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.

4. In response to electronic digital information received from the customer over the Internet, BLOCKBUSTER OnlineCI updates the movie rental queue by removing one or more movies from the movie rental queue.

Page 5 of 17

"Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster .Cfll/DhD/enduser/std alD. DhD?

4

u.s. PATENT NO. 7,024,381

5. A computer-implemented method as

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recited in Claim i, wherein the two or more movies for renting to the customer are selected by the customer.

Document 26-2

"Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster.cfg/php/enduser/std alp. php?

6. A computer-implemented method as

6. Customers can determine the order of the two or more movies in their movie rental queue by using their

Filed 07/20/2006

recited in Claim 1, further comprising determining the order of the two or more movies based upon one or more
priority boxes.

preferences ofthe customer.

Page 6 of 17

5

u.s. PATENT NO. 7,024,381

binllockbuster.cfg/php/enduser/std alp. php?

7. A computer-implemented method as
7. BLOCKBUSTER OnlineCI provides that "delivery and return of

recited in Claim 1, wherein the delivery of the selected movie comprises delivery

your BLOCKBUSTER Online Rentals wil be via U.S. Postal Service ("USPS")." Delivery and Return of Rented DVDs, BLOCKBUSTER OnlineCI RENTAL TERMS AND CONDITIONS
8. BLOCKBUSTER OnlineCI ships optical media (i.e. DVDs) "via U.S. Postal Service ("USPS")." Delivery and Return of Rented DVDs, BLOCKBUSTER OnlineCI RENTAL TERMS AN CONDITIONS

by maiL.

8. A computer-implemented method as

recited in Claim I, wherein the delivery of the selected movie comprises delivery by mail on one or more optical media.
9. Receipt of a retued movie by mail is a delivery criteria.

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9. A computer-implemented method as

recited in Claim 1, wherein the delivery criteria comprises receipt of the movie by

Unlimited DVD Rentals

maiL.
your rental queue. Keep your queue full and keep

For only $17.99 a month (pius taxes) you can rent all the moiiies you want. Haiie up to 3 DVDs out at a time. Keep the DVDs as long as you want. When you're done with a DVD, just send it back in the proiiided postage paid eniielope. We'll send you another selection from
the moiiies coming.

Document 26-2 Filed 07/20/2006

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

Page 7 of 17

"Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinl i ockbuster. Cfll/DhD/ enduser/ std alD. DhD?

6

u.s. PATENT NO. 7,024,381

10. BLOCKBUSTER OnlineCI requires that that the number of

movies delivered to the customer and not yet

retued does not exceed the specified number of outstanding rentals allowed.

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.
"If

BLOCKBUSTER Online Rentals allowed by your plan checked out, no you have the maximum number of additional movies wil be shipped until you return one or more ofthe BLOCKBUSTER Online Rentals." Selection and Allocation of Product, BLOCKBUSTER OnlineCI RENTAL TERMS AN CONDITIONS

Case 3:06-cv-02361-WHA

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

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 OnlineCI electronically updates the movie rental queue.

Document 26-2

Filed 07/20/2006

"Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster .cfg/php/enduser/std alp.php?

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

12. In response to receiving one or more selection criteria (e.g. an additional selected DVD title), BLOCKBUSTER OnlineCI electronically updates the movie rental queue.

Page 8 of 17

selection criteria.

7

u.s. PATENT NO. 7,024,381

"Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster.cfg/php/enduser/std alp. php?

Case 3:06-cv-02361-WHA

13. A method as recited in claim 1, wherein the movies comprise any of motion pictures, television series,
13. BLOCKBUSTER OnlineCI offer a wide array of movie genres to rent.

More Than 50,000 Titles, Including New Releases
BLOCKBUSTER,

documentaries, cartoons, music videos,

Our online DVD library has more than 50,000 titles, andits growing eiiery week, You'll find

video recordings of concert performances, instrctional programs,

fitness workouts, and, of course, the hottest new releasesyou'iie come to expect from

classic cinema, modern faiiorites, teleiiision shows, children's programming, health and

and educational programs.

See "How it Works", at
htt://ww.blockbuster.com/omepages/displayPage.action?channel 1 =Sign+ In+Sign+Up&channel2=findoutmor

Document 26-2

e&nav=faíse&cctrhomehowitworks
14. See Contention 1.

14. A computer-implemented method for renting movies to customers, the
i 4a. See Contention 1 a.

method comprising:

providing electronic digital information that causes one or more attbutes of
14b. See Contention lb.

Filed 07/20/2006

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

Page 9 of 17

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

UDon the order of the list, wherein the

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u.s. PATENT NO. 7,024,381

customer is not required to retu the

movies within a specified time associated with delivery;
No Return Dates BLOCKBUSTER Onlinel§ rental members can keep DVDs out as long as they want. There are

"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 OnlineCI RENTAL TERMS AND CONDITIONS

never any due dates. Watch the DVD when it's convenient for 'Iou and send it back only

when 'Iou are ready for a new selection.

See "How it Works", at
htt://ww.blockbuster.com/omepages/ displayPage.action ?channel 1 =Sign+ In+Sign+Up&channeI2=findoutmor

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e&nav=false&cctrhomehowitworks
14d. See Contention Id.

Document 26-2

14e. See Contention Ie.

15. See Contention 2.

Filed 07/20/2006

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.
16. See Contention 3.

17. A computer-implemented method as

17. See Contention 4.

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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

18. See Contention 5.

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u.s. PATENT NO. 7,024,381

more movies for renting to the customer are selected by the customer. 19. A computer-implemented method as I 19. See Contention 6. recited in Claim 14, further comprising determining the order of the two or more

movies based upon one or more references of the customer.

20. A computer-implemented method as I 20. See Contention 7. recited in Claim 14, wherein the delivery of the selected movie comprises delivery

Case 3:06-cv-02361-WHA

by maiL.

21. A computer-implemented method as I 21. See Contention 8. recited in Claim 14, wherein the delivery of the selected movie comprises delivery
media.

by mail on one or more 0 tical

22. A computer-implemented method as 22. See Contention 9.

Document 26-2

recited in Claim 14, wherein the delivery criteria comprises receipt of the movie by

maiL.

23. A computer-implemented method as I 23. See Contention 10. 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 I 24. See Contention 1.

Filed 07/20/2006

for renting movies to customers, the

method com risin : providing electronic digital information 24a. See Contention la. that causes one or more attbutes of movies to be dis la ed; establishing, in electronic digital form, 24b. See Contention lb.

Page 11 of 17

from electronic digital information received over the Internet, a movie rental queue associated with a customer comDfisinii an ordered list indicating two

10

u.s. PATENT NO. 7,024,381

24c. BLOCKBUSTER OnlineCI does not a fee for retaining one of more movies beyond a specified time associated with delivery beyond the applicable monthly subscription rate.

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;
As a BLOCKBUSTER Online(§ rental member, you pay a flat monthly rate. There are no extended viewing fees or late fees on DVDs rented online.

"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 OnlineCI RENTAL TERMS AN CONDITIONS
No Extended Viewing Fees or Late Fees

Case 3:06-cv-02361-WHA

See "How it Works", at
htt://ww.blockbuster.com/omepages/ displayPage.action?channel 1 =Sign+ In+Sign+Up&channeI2=findoutmor

e&nav=false&cctrhomehowitworks
24d. See Contention 1 d.

Document 26-2

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
24e. See Contention Ie.

in responst to other electronic digital

information received from the customer over the Internet, electronically updating the movie rental queue.
25. See Contention 2.

Filed 07/20/2006

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. See Contention 3.

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. See Contention 4.

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27. A computer-implemented method as

recited in Claim 24, wherein updating the

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u.s. PATENT NO. 7,024,381

Case 3:06-cv-02361-WHA

movie rental queue comprises removing an indication of one or more of the movies from the ordered list. 28. A computer-implemented method as I 28. See Contention 5. 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 I 29. See Contention 6. recited in Claim 24, furher comprising determining the order of the two or more movies based upon one or more

references of

the customer.

30. A computer-implemented method as I 30. See Contention 7. recited in Claim 24, wherein the delivery of the selected movie comprises delivèry

Document 26-2

by maiL.

3 i. A computer-implemented method as I 3 i. See Contention 8. recited in Claim 24, wherein the delivery of the selected movie comprises delivery

Filed 07/20/2006

b mail on one or more 0 tical media.

32. A computer-implemented method as 32. See Contention 9. recited in Claim 24, wherein the delivery criteria comprises receipt of the movie by mail 33. A computer-implemented method as I 33. See Contention 10. recited in Claim 24, wherein a number of movies delivered to the customer and not yet returned does not exceed the

s ecified number.

34. A computer-implemented method 34. See Contention 1. for renting movies to customers, the

Page 13 of 17

method comDfising:

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u.s. PATENT NO. 7,024,381

establishing over the Internet a rental agreement with a customer that provides for charging the customer a periodic fee;

34a. BLOCKBUSTER OnlineCI 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 OnlineCI RENTAL TERMS AND CONDITIONS
34b. See Contention la.

providing electronic digital information

that causes one or more attbutes of
34b. See Contention lb.

Case 3:06-cv-02361-WHA

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

Document 26-2

34c. See Contention 1 c.

upon the order of the list;
34d. See Contention Id.

Filed 07/20/2006

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.
34e. See Contention Ie.
35. See Contention 2.

35. A computer-implemented method as

Page 14 of 17

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. See Contention 3.

36. A comDuter-imDlemented method as

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u.s. PATENT NO. 7,024,381

Case 3:06-cv-02361-WHA

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 I 37. See Contention 4. 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 I 38. See Contention 5. recited in Claim 34, wherein the two or more movies for renting to the customer are selected b the customer. 39. A computer-implemented method as 39. See Contention 6.

Document 26-2

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 I 40. See Contention 7. recited in Claim 34, wherein the delivery of the selected movie comprises delivery

Filed 07/20/2006

by maiL.

41. A computer-implemented method as I 41. See Contention 8. recited in Claim 34, wherein the delivery of the selected movie comprises delivery b mail on one or more 0 tical media. 42. A computer-implemented method as 42. See Contention 9. recited in Claim 34, wherein the receipt of the movie previously delivered to the

Page 15 of 17

customer com rises recei t b maiL. 43. A computer-implemented method as 43, See Contention 10.

recited in Claim 34, wherein a number of movies delivered to the customer and not yet returned does not exceed the specified number.

14

u.s. PATENT NO. 7,024,381

44. BLOCKBUSTER OnlineCI employs a computer-system for renting movies to customers.
44a. BLOCKBUSTER OnlineCI's computer system comprises a computer that is coupled to digital telecommunications network by a digital telecommunications link.
44b. BLOCKBUSTER OnlineCI computer system comprises an electronic digital memory in the computer.

Case 3:06-cv-02361-WHA

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 instrctions stored in the electronic digital memory which, when executed, cause the computer to perform
44d. See Contention la.

44c. BLOCKBUSTER OnlineCI's computer system comprises one or more sequences of computer program instrctions 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.

the steps of:

providing electronic digital information

that causes one or more attbutes of
44e. See Contention lb.

Document 26-2

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
44f. See Contention lc.

upon the order of the list;
44g. See Contention Id.

Filed 07/20/2006

Page 16 of 17

44h. See Contention Ie.

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 comDuter svstem as recited in
45. See Contention 2.

15

u.s. PATENT NO. 7,024,381

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 I 46. See Contention 3.

Claim 44, wherein the other electronic digital information specifies an additional movie to add to the ordered list.

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47. A computer system as recited in I 47. See Contention 4.

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 I 48. See Contention 7.

Claim 44, wherein the delivery of the selected movie comprises delivery by

Document 26-2

maiL.

49. A computer system as recited in I 49. See Contention 8.

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 I 50. See Contention 9.

Claim 44, wherein the delivery criteria

comprise receipt by maiL.

Filed 07/20/2006

51. A computer system as recited in I 51. See Contention 10.

Claim 44, wherein a: number of movies delivered to the customer and not yet

retued does not exceed the specified

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number.

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