Netflix, Inc. v. Blockbuster, Inc.

Filing 45

Attachment 3
NOTICE by Blockbuster, Inc.(a Delaware corporation), Blockbuster, Inc. Preliminary Invalidity Contentions for U.S. Patent No. 6,584,450 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N)(O'Brien, William) (Filed on 9/18/2006)

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Case 3:06-cv-02361-WHA Document 45-4 Filed 09/18/2006 Page 1 of 3 BLOCKBUSTER'S PRELIMINARY INVALIDITY CONTENTIONS SEPTEMBER 18, 2006 U.S. PATENT NO. 6,584,450 B1 EXHIBIT C IDENTIFICATION OF PRIOR ART Prior Art Public Use, Public Knowledge, Sales and Offers for Sale1 Public Use 1. Subscription-based video rental service with monthly fees that allowed a member to rent as many video cassettes as the member wanted (1 at a time) at no extra cost and keep them for as long as the member wanted without incurring late fees. Video rental service with membership programs that allowed a member to rent 1 or 2 video tapes at a time at no extra cost and keep them for as long as the member wanted, and, upon returning the tapes, the member could receive another 1 or 2 tapes in exchange. Person/Entity Multi-Video, Will Espin Charlotte, North Carolina Date of Use No later than July 1982 Short Name Multi-Video services2 2. Pop*Card, Linda Verin Oklahoma City, OK No later than January 1985 Pop*Card services3 1 2 Hereafter collectively "Public Use" or "Use." "Multi-Video publication" and "Multi-Video services" are hereinafter referred to collectively as "Multi-Video." 3 "Pop*Card - publication" and "Pop*Card services" are hereinafter referred to collectively as "Pop*Card." Dockets.Justia.com Case 3:06-cv-02361-WHA Document 45-4 Filed 09/18/2006 Page 2 of 3 BLOCKBUSTER'S PRELIMINARY INVALIDITY CONTENTIONS (U.S. PATENT NO. 6,584,450 B1) Public Use 3. Subscription-based video rental service with monthly fees that allowed a member to rent as many video cassettes as the member wanted (1 at a time) at no additional charge. Subscription-based video rental service with monthly fees that allowed a member to rent 3 to 7 videos at a time at no extra charge and keep them as long as the member wanted without incurring late fees. Subscription-based audio and video tape rental service that allowed a member to rent 2 tapes at a time at no extra charge and keep them as long as the member wanted without incurring late fees. Subscription-based financial training courses on computer readable disks, CR-ROMs and video tapes Person/Entity Video Hit Parade Red Bank, NJ Date of Use No later than October 1985 Short Name Video Hit services4 4. Cine Club Video, Jacques-Henri Djian, Guy Desombre Manhattan, New York AudioQueue, Duane Ramm, Mark Ramm Covesville, Virginia Bankers Training & Consulting Co., Dean Pichee, Jean Dunaway Talking Book World, Richard Simtob Southfield, Michigan Multipost Retail Systems, Harry Magerman No later than October 1985 Cine Club services5 5. No later than 1989 AudioQueue services6 6. In the 1980s BTCC 7. Subscription-based audio book rental service with quarterly fees that allowed a member to rent 1 to 2 tapes at a time and keep them as long as the member wanted with no late fees. Computer software for video rental services that had reservation features No later than 1994 Talking Book World - services7 8. No later than 1995 Video Vendor services8 4 5 "Video Hit publication" and "Video Hit services" are hereinafter referred to collectively as "Video Hit." "Cine Club publication" and "Cine Club services" are hereinafter referred to collectively as "Cine Club." 6 "AudioQueue - publication" and "AudioQueue services" are hereinafter referred to collectively as "AudioQueue." 7 "Talking Book World publication" and "Talking Book World services" are hereinafter referred to collectively as "TBW." 8 "Video Vendor publication" and "Video Vendor services" are hereinafter referred to collectively as "Video Vendor." EXHIBIT C: IDENTIFICATION OF PRIOR ART (Prior Art Public Use) Page 2 of 3 Case 3:06-cv-02361-WHA Document 45-4 Filed 09/18/2006 Page 3 of 3 BLOCKBUSTER'S PRELIMINARY INVALIDITY CONTENTIONS (U.S. PATENT NO. 6,584,450 B1) Public Use 9. Online vehicle rental service with features allowing users to select vehicles and make reservations online Person/Entity Avis Rent A Car Campus Video, Charles Annable Oberlin, Ohio Books on Tape, Duvall Hecht, Ron Pravell Business Training Library St. Louis, Missouri Date of Use No later than May 1996 No later than 1996 Short Name Avis - services9 Campus Video services10 Books on Tape services11 Business Training Library services12 10. Video rental store that offered subscription plan (3 out at a time with flat monthly fee) 11. Book rental services that features an ordered list for customers to indicate the order of receiving their desired books 12. Business training program library service that allows members to subscribe to pay a period fee and obtain up to 5 programs at a time and keep them as long as they want and return them for exchange of new programs 13. TV broadcast program storage, distribution and retrieval functions 14. Online DVD rental services provided by Netflix No late than February 1997 No later than April 1998 TiVo Netflix Inc. No later than March TiVo system and 1999 program13 No later than April 27, 1999 Netflix - service14 9 "Avis publication" and "Avis services" are hereinafter referred to collectively as "Avis." "Campus Video publication" and "Campus Video services" are hereinafter referred to collectively as "Campus Video." 11 "Books on Tape services" and "Books on Tape online order form" are hereinafter referred to collectively as "BOT." 12 "Business Traning Library publication" and "Business Training Library services" are hereinafter referred to collectively as "BTL." 13 "TiVo - publication" and "TiVo system and program" are hereinafter referred to collectively as "TiVo." 14 "Netflix publication" and "Netflix services" are hereinafter referred to collectively as "Netflix." 10 EXHIBIT C: IDENTIFICATION OF PRIOR ART (Prior Art Public Use) Page 3 of 3

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