Netflix, Inc. v. Blockbuster, Inc.

Filing 31

Attachment 1
NOTICE by Netflix, Inc. [AMENDED] [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 7/28/2006)

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Netflix, Inc. v. Blockbuster, Inc. Doc. 31 Att. 1 Case 3:06-cv-02361-WHA Document 31-2 Filed 07/28/2006 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 compnsmg: 1. BLOCKBUSTER OnlinelI (the accused instrumentality) employs a computer-implemented method for renting movies to customers. See ww.blockbuster.com 1a. BLOCKBUSTER OnlinelI provides electronic digital information that causes one or more attributes of movies to be displayed to the customer. Case 3:06-cv-02361-WHA providing electronic digital information that causes one or more attbutes of movies to be displayed; Document 31-2 Filed 07/28/2006 "Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster .cfg/php/enduser/std alp.php? Page 2 of 17 establishing, in electronic digital form, 1 b. From electronic d▄!Ital information received over the Internet, BLOCKBUSTER OnlinelI 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? lc. BLOCKBUSTER OnlinelI causes to be delivered to the customer up to a specified number of Document 31-2 movies based causing to be delivered to the customer up to a specified number of movies based upon the order of the list. 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 Online~ wil automatically ship titles to a (customer) up to a (customer's) maximum number of outstanding BLOCKBUSTER OnlinelI Rentals, from and in the order that (customers) have listed in (their) rental queue, subject to availability." Selection and Allocation of Product, BLOCKBUSTER Online~ RENTAL TERMS AND CONDITIONS 1d. In response to delivery criteria being satisfied (e.g. receipt ofa 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. 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. Filed 07/28/2006 Unlimited DVD Rentals "How it Works", at htt://ww.blockbuster.com/omepages/ displayPage.action ?channel1 =Sign+ In+Sign+Up&channel2=findoutmor Page 3 of 17 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? Document 31-2 in response to other electronic digital information received from the customer over the Internet, electronically updating the movie rental queue. 1 e. In response to electronic digital information received from the customer over the Internet, BLOCKBUSTER OnlinelI electronically updates the movie rental queue. Filed 07/28/2006 "Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster .cfg/php/enduser/std alp. php? 2. A computer-implemented method as Page 4 of 17 recited in Claim 1, wherein updating the movie rental queue comprises changing the order of the two or more movies for rentinl! to the customer. 2. In response to electronic digital information received from the customer over the Internet, BLOCKBUSTER OnlinelI updates the movie rental queue by changing the order of movies contained within the movie rental queue. 3 "I 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 recited in Claim 1, wherein updating the movie rental queue comprises indicating an additional movie in the ordered list. 3. In response to electronic digital information received from the customer over the Internet, BLOCKBUSTER OnlinelI updates the movie rental queue by adding an additional movie to the movie rental queue. Document 31-2 "Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster.cfg/php/enduser/std alp. php? 4. A computer-implemented method as Filed 07/28/2006 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 OnlinelI 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/cgibinilockbuster.cfg/DhD/enduser/std alD. DhD? 4 U.S. PATENT NO. 7,024,381 5. A computer-implemented method as Case 3:06-cv-02361-WHA recited in Claim 1, wherein the two or more movies for renting to the customer are selected by the customer. Document 31-2 "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 07/28/2006 recited in Claim 1, further comprising determining the order of the two or more movies based upon one or more priority boxes. preferences of the customer. Page 6 of 17 5 U.S. PATENT NO. 7,024,381 binllockbuster.cfg/php/enduser/std alp.php? 7. BLOCKBUSTER OnlinelI provides that "delivery and return of 7. A computer-implemented method as 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 Online~ RENTAL TERMS AND CONDITIONS 8. BLOCKBUSTER Online(╔ ships optical media (i.e. DVDs) "via U.S. Postal Service ("USPS")." Delivery and Return of Rented DVDs, BLOCKBUSTER OnlinelI RENTAL TERMS AN CONDITIONS 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. Receipt ofa retued movie by mail is a delivery criteria. Case 3:06-cv-02361-WHA 9. A computer-implemented method as recited in Claim 1, wherein the delivery criteria comprises receipt of the movie by Unlimited DVD Rentals maiL. 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 your rental queue. Keep your queue full and keep the moiiies coming. "How it Works", at http://ww.blockbuster.com/homepages/displayPage.action ?channell =Sign+ In+Si gn+Up&channe12=findoutmor e&na v=fÓlse&cctr=homehowitworks Document 31-2 Filed 07/28/2006 Page 7 of 17 "Frequently Asked Questions," at htt://blockbuster.custhelp.com/cgibinllockbuster.cfir/php/ enduser/ std alp. php? 6 U.S. PATENT NO. 7,024,381 10. BLOCKBUSTER OnlinelI 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. "If you have the maximum number of additional movies wil be shipped until you return one 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. BLOCKBUSTER Online Rentals allowed by your plan checked out, no or more of the BLOCKBUSTER Online Rentals." Selection and Allocation of Product, BLOCKBUSTER Online(▀ 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 OnlinelI electronically updates the movie rental queue. Document 31-2 Filed 07/28/2006 "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 Online(▀ 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 OnlinelI 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, and it's growing eiiery week, You'll find video recordings of concert performances, instrctional programs, fitness workouts, and. of course, the hottest new releases you'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 ?channel1 =Sign+In+Sign+Up&channe12=findoutror Document 31-2 e&nav=false&cctrhomehowitworks 14. See Contention 1. 14. A computer-implemented method for renting movies to customers, the 14a. See Contention 1 a. method comprising: providing electronic digital information that causes one or more attbutes of 14b. See Contention lb. Filed 07/28/2006 Page 9 of 17 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 uoon the order of the list, wherein the l4c. BLOCKBUSTER Online~ does not require the customer to return the movies within a specified time associated with delivery. 8 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 the'i 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 OnlinelI RENTAL TERMS AN CONDITIONS neiier an'i due dates. Watch the DVD when it's coniienient for 'Iou and send it ba.ck onl'i when 'Iou are read'i for a new selection. See "How it Works", at htt://ww.blockbuster.com/omepages/ displayPage.action ?channel1 =Sign+ In+Sign+Up&channe12=findoutmor Case 3:06-cv-02361-WHA e&nav=false&cctrhomehowitworks 14d. See Contention 1 d. Document 31-2 14e. See Contention 1e. 15. See Contention 2. Filed 07/28/2006 16. See Contention 3. 17. See Contention 4. Page 10 of 17 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 18. See Contention 5. 9 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 by mail on one or more optical media. Document 31-2 22. A computer-implemented method as I 22. See Contention 9. 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 retued does not exceed the specified number. 24. A computer-implemented method I 24. See Contention 1. for renting movies to customers, the Filed 07/28/2006 method comprising: providing electronic digital information I 24a. See Contention 1 a. that causes one or more attbutes of movies to be displayed; establishing, in electronic digital form, I 24b. See Contention lb. from electronic digital information received over the Internet, a movie rental queue associated with a customer Page 11 of 17 comDrisinl! an ordered list indicatinl! two 10 U.S. PATENT NO. 7,024,381 or more movies for renting to the customer; 24c. BLOCKBUSTER OnlinelI does not a fee for retaining one of more movies beyond a specified time up to a specified number of movies based associated with delivery beyond the applicable monthly subscription rate. upon the order of the list, wherein the customer is not charged a fee for "You may keep BLOCKBUSTER Online Rentals as long as you choose during your Membership Term, for no retaining one or more movies beyond a charge other than the applicable periodic (membership fee)." Membership Plans, BLOCKBUSTER OnlinelI specified time associated with delivery; RENTAL TERMS AN CONDITIONS No Extended Viewing Fees or Late Fees As a BLOCKBUSTER Online(ž rental member, you pay a flat monthly rate. There are no extended 'Jiewing fees or late fees on DVDs rented online. Case 3:06-cv-02361-WHA causing to be delivered to the customer . See "How it Works", at htt://ww.blockbuster.comlomepages/ displayPage.action ?channel1 =Sign+ In+Sign+Up&channe12=findoutmor e&nav=false&cctrhomehowitworks 24d. See Contention 1d. Document 31-2 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 in response to other electronic digital information received from the customer over the Internet, electronically updating the movie rental queue. 24e. See Contention 1e. 25. See Contention 2. Filed 07/28/2006 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. 27. A computer-implemented method as Page 12 of 17 recited in Claim 24, wherein uodatinl! the 11 iil. 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 íreferences 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 delivery Document 31-2 by maiL. 31. A computer-implemented method as I 31. See Contention 8. 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 I 32. See Contention 9. recited in Claim 24, wherein the delivery criteria comprises receipt of the movie by Filed 07/28/2006 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 specified number. 34. A computer-implemented method I 34. See Contention 1. for renting movies to customers, the Page 13 of 17 method comorisin!!: 12 "I 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 OnlineQl 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 OnlineQl RENTAL TERMS AND CONDITIONS 34b. See Contention 1a. Case 3:06-cv-02361-WHA 34b. See Contention lb. Document 31-2 34c. See Contention 1c. 34d. See Contention 1 d. Filed 07/28/2006 providing electronic digital information that causes one or more attbutes 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. 34e. See Contention 1e. 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 13 U.S. PATENT NO. 7,024,381 Case 3:06-cv-02361-WHA Document 31-2 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 by the customer. 39. A computer-implemented method as I 39. See Contention 6. 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 07/28/2006 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 by mail on one or more optical media. 42. A computer-implemented method as I 42. See Contention 9. recited in Claim 34, wherein the receipt of the movie previously delivered to the customer comprises receipt by maiL. Page 15 of 17 43. A computer-implemented method as I 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 sDecified number. 14 U.S. PATENT NO. 7,024,381 44. A computer system for renting 44. BLOCKBUSTER Online(╔ employs a computer-system for renting movies to customers. movies to customers, comprising: 44a. BLOCKBUSTER Onlinet,'s computer system comprises a computer that is coupled to digital telecommunications network by a digital telecommunications link. 44b. BLOCKBUSTER OnlinelI computer system comprises an electronic digital memory in the computer. 44c. BLOCKBUSTER OnlinelI'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 servce as described above in claim 1. Case 3:06-cv-02361-WHA 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 the steps of: 44d. See Contention 1 a. Document 31-2 44e. See Contention lb. providing electronic digital information that causes one or more attbutes 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 44f. See Contention 1c. upon the order of the list; 44g. See Contention 1d. Filed 07/28/2006 Page 16 of 17 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 44h. See Contention 1e. 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. Case 3:06-cv-02361-WHA 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 31-2 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 07/28/2006 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 Page 17 of 17 number. 16

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