Netflix, Inc. v. Blockbuster, Inc.

Filing 26

Netflix, Inc. v. Blockbuster, Inc.

Doc. 26 Att. 2

Case 3:06-cv-02361-WHA

Document 26-3

Filed 07/20/2006

Page 1 of 15

EXHIBIT 'B'

Dockets.Justia.com

U.S. PATENT NO. 6,584,450

l. A method for renting items to customers, the method comprising the computer-implemented steps of:

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

See ww.blockbuster.com
la. BLOCKBUSTER OnlineCI 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.

receiving one or more item selection criteria that indicates two or more items

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that a customer desires to rent;

Document 26-3

"Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster.cfg/php/enduser/std alp. php?
lb. BLOCKBUSTER OnlineCI provides to the customer up to a specified number of

the DVDs selected by the

providing to the customer up to a specified number of the two or more items indicated
customer.

by the one or more item selection criteria;

Filed 07/20/2006

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) Product, BLOCKBUSTER OnlineCI RENTAL rental queue, subject to availabilty." Selection and Allocation of TERMS AN CONDITIONS.
lc. In response to receiving any of

the items provided to the customer, BLOCKBUSTER OnlineCI sends tothe

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

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Unlimited DVD Rentals

the specified number.

For only $17.99 a month (plus taxes) you can rent all the movies you want. Have 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 provided postage paid envelope. We'll send you another selection from your rental queue. Keep your queue full and keep the movies coming.

1

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U.S. PATENT NO. 6,584,450
See Contention "How it Works", at
htt://ww.blockbuster.com/omepages/ displayPage.action?channel 1 =Sign+In+Sign+Up&channeI2=findoutmore

&nav=false&cctrhomehowitworks
2. . BLOCKBUSTER OnlineCI offers "limited" rental plans wherein the total number of items provided to a
BLOCKBUSTER OnlineCI provides only 1 of

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

customer every month may not exceed a specific limit. BLOCKBUSTER OnlineCI offers a limited plan whereby the DVD titles selected by the customer at a time and only 3 DVD titles total per month.

Document 26-3 Filed 07/20/2006

htt://ww.blockbuster.com/acctm.
4. See Contention 1. 4a. BLOCKBUSTER OnlineCI receives from customers a desired order in which customers wish to receive the DVD titles they desire to rent.

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

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u.s. PATENT NO. 6,584,450

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

4b. BLOCKBUSTER OnlineCI provides to the customer up to a specified number of selected items in the order specified by the customer. "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) Product, BLOCKBUSTER OnlineCI RENTAL rental queue, subject to availability." Selection and Allocation of TERMS AND CONDITIONS

Document 26-3

4c. In response to receiving any of

the items provided to the customer, BLOCKBUSTER OnlineCI wil provide to the customer other selected items in the order specified by the customer.

Filed 07/20/2006

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.

Unlimited DVD Rentals

For only $17.99 a month (pius taxes) you can rent eill the movies you want. Have 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 provided postage paid envelope. We'll send you another selection from your rental queue. Keep' your queue full and keep the movies coming.

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

&nav=false&cctrhomehowitworks
5. If an item is not available, BLOCKBUSTER OnlineCI provides another of

the selected items based upon the

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5. A method as recited in claim 4, furher comprising if a particular item from the one or more items indicated by the one or more item selection criteria is not

desired order indicated by the customer.

3

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U.S. PATENT NO. 6,584,450

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

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

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7. A method as recited in claim 1, furher
7. See Contention i.

comprising: establishing, based upon the one or more item selection criteria, an item rental queue for the customer, wherein the item rental

7a. BLOCKBUSTER OnlineCI establishes a DVD rental queue for the customer that contains entres that specify the DVDs that the customer desires to rent.

queue contains one or more entres that

Document 26-3

specify the two or more items that the customer desires to rent; and

Filed 07/20/2006

"Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster.cfg/php/enduser/std alp. php?
7b. In response to receiving back any of

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.

the DVDs provided to the customer, BLOCKBUSTER OnlineCI selects another DVD from the DVD rental queue to send to the customer.
For onl\l $17.99 a month (plus taxes) \Iou can rent all the movies \Iou want. Have up to 3 DVDs out at a time. Keep the DVDs as long as \Iou want. When \lou're done with a DVD, just send it back in the provided postage paid envelope. We'll send \Iou another seled:.ion from \lour rental queue. Keep \lour queue full and keep the movies coming.

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Unlimited DVD Rentals

4

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u.s. PATENT NO. 6,584,450
See Contention "How it Works", at
htt://ww.blockbuster.com/omepages/ displayPage.action?channel 1 =Sign+ In+Sign+Up&channeI2=findoutmore

8. A method as recited in claim I, 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

&nav=false&cctrhomehowitworks 8. In response to receiving a customer notification (e.g. that a DVD is damaged, unplayable, or never received), BLOCKBUSTER OnlineCI, wil provide one or more other DVDs selected by the customer.

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selection criteria.

Document 26-3

"F requentIy Asked Questions," at- htt://blockbuster.custhelp .com/ c gi-

Filed 07/20/2006

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

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5

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U.S. PATENT NO. 6,584,450
9. BLOCKBUSTER OnlineCI 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, the customer has an BLOCKBUSTER OnlineCI wil provide one or more other DVDs selected by the customer if
open rental slot.

9. A method as recited in claim l, 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.

Case 3:06-cv-02361-WHA Document 26-3 Filed 07/20/2006 Page 7 of 15

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u.s. PATENT NO. 6,584,450
DVDs provided to a IO. BLOCKBUSTER OnlineCI offers a "limited" rental plan wherein the total number of customer every month may not exceed 3 in number. Upon the first date of the subsequent monthly subscription
period, BLOCKBUSTER OnlineCI wil provide one or more other DVDs selected by the customer if

the customer

10. A method as recited in claim 1, furher 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
has an open rental slot.

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item selection criteria.

Document 26-3 Filed 07/20/2006
11. In response to receipt of payment from a customer who has upgraded to a plan with higher rental maximums, BLOCKBUSTER OnlineCI provides the customer one or more DVDs selected by the customer.
Modifying of BLOCKBUSTER Online Memberships, BLOCKBUSTER OnlineCI RENTAL TERMS AND CONDITIONS

1 i. 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.

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l2. A method as recited in claim 1, wherein items are provided to the customer

l2. BLOCKBUSTER OnlineCI provides items to the customer by maiL. your BLOCKBUSTER Online Rentals wil be via U.S. Postal Service ("USPS"). "Delivery and return of

by maiL.

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u.s. PATENT NO. 6,584,450
Delivery and Return of

13. A method as recited in claim I, wherein items are provided to the customer by a delivery agent.
14. See Contention 1.
14a. See Contention 1.

Rented DVDs, BLOCKBUSTER Online'Ê RENTAL TERMS AND CONDITIONS 13. BLOCKBUSTER OnlineCI provides items to the customer by a delivery agent "Delivery and return of your BLOCKBUSTER Online Rentals wil be via U.S. Postal Service ("USPS").

Delivery and Return of Rented DVDs, BLOCKBUSTER OnlineCI RENTAL TERMS AND CONDITIONS

14b. See Contention 1a.
l4c. See Contention 1a.

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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

14d. See Contention lb.

Document 26-3

a specified number of

the one or more

Filed 07/20/2006

14e. See Contention 1c.

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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

8

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u.s. PATENT NO. 6,584,450

16. See Contention 1.

total current number of movies provided to the customer does not exceed the specified number. l6. 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
16a. See Contention 1 a.

that a customer desires to rent;

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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
the items
16c. BLOCKBUSTER OnlineCI offers a "limited" rental plans wherein the total number of

16b. See Contention lb.

in response to receiving any of

DVDs provided to a

provided to the customer, providing to the customer one or more other items indicated

customer every month may not exceed 3 in number.

Document 26-3

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

Filed 07/20/2006 Page 10 of 15

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u.s. PATENT NO. 6,584,450
19. See Contention 16.
19a. See Contention 4a.

19. A method as recited in

claim 16,

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19b. See Contention 4b.

Document 26-3

19c. See Contention 4c.

Filed 07/20/2006

20. See Contention 5.

22. See Contention 16.

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22a. See Contention 7a.

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
.

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22b. See Contention 7b.

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

23. See Contention 8.

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selection criteria.
24. See Contention 9.

Document 26-3

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 l6, 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
25. See Contention 10.

item selection criteria.
26. See Contention i 1.

Filed 07/20/2006

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

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by maiL.

28. A method as recited in claim 16, wherein items are provided to the customer by a delivery agent.

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29. See Contention 16.

29a. See Contention 14a.

29b. See Contention l4b.

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29c. See Contention 14c.

29d. See Contention l4d.

Document 26-3

2ge. See Contention 14e.

Filed 07/20/2006

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 oftime 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

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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. 3 1. A method for renting movies to

31. See Contention 1.

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31 a. See Contention 1 a.

31 b. See Contention lb.

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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

31c. See Contention 1c.

selection criteria, wherein a total curent

Document 26-3

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

Filed 07/20/2006

32b. See Contention 4b.

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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
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
34. See Contention 12.

selection criteria.

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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.
35. See Contention 13.

Document 26-3 Filed 07/20/2006 Page 15 of 15

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