Netflix, Inc. v. Blockbuster, Inc.

Filing 26

Attachment 2
NOTICE by Netflix, Inc. [CORRECTED] NETFLIX'S DISCLOSURE OF ASSERTED CLAIMS AND PRELIMINARY INFRINGEMENT CONTENTIONS FOR U.S. PATENT NOS. 7,024,381 AND 6,584,450 (Attachments: # 1 Exhibit A# 2 Exhibit B)(Durie, Daralyn) (Filed on 7/20/2006)

Download PDF
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 Case 3:06-cv-02361-WHA 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 Page 2 of 15 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 372499.03 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 Case 3:06-cv-02361-WHA 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. Page 3 of 15 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, 2 372499.03 u.s. PATENT NO. 6,584,450 Case 3:06-cv-02361-WHA "Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster.fg/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 Page 4 of 15 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 372499.03 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? Case 3:06-cv-02361-WHA 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. Page 5 of 15 Unlimited DVD Rentals 4 372499.03 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. Case 3:06-cv-02361-WHA 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? Page 6 of 15 5 372499.03 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 6 372499.03 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. Case 3:06-cv-02361-WHA 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. Page 8 of 15 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. 7 372499.03 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' 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. Case 3:06-cv-02361-WHA 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. Page 9 of 15 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 372499.03 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; Case 3:06-cv-02361-WHA 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 9 372499.03 u.s. PATENT NO. 6,584,450 19. See Contention 16. 19a. See Contention 4a. 19. A method as recited in claim 16, Case 3:06-cv-02361-WHA 19b. See Contention 4b. Document 26-3 19c. See Contention 4c. Filed 07/20/2006 20. See Contention 5. 22. See Contention 16. Page 11 of 15 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 . 10 372499.03 u.s. PATENT NO. 6,584,450 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. Case 3:06-cv-02361-WHA 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. Page 12 of 15 by maiL. 28. A method as recited in claim 16, wherein items are provided to the customer by a delivery agent. 11 372499.03 u.s. PATENT NO. 6,584,450 29. See Contention 16. 29a. See Contention 14a. 29b. See Contention l4b. Case 3:06-cv-02361-WHA 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 Page 13 of 15 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. 12 372499.03 U.S. PATENT NO. 6,584,450 31 a. See Contention 1 a. 31 b. See Contention lb. Case 3:06-cv-02361-WHA 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. Page 14 of 15 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. 13 372499.03 u.s. PATENT NO. 6,584,450 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. Case 3:06-cv-02361-WHA 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 14 372499.03

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?