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Blockbuster Points Out Both Prior Art And Obviousness In Netflix Patents

from the patent-blockbusting dept

Mon, Jun 19th 2006 12:35pm — Mike Masnick

It was a bit surprising a few months back to see Netflix resort to using patents against Blockbuster, rather than competing in the marketplace. If anything, the patent lawsuits suggested that Netflix was admitting it was really losing ground to Blockbuster. Blockbuster has now hit back against Netflix, claiming that the patents in question are not valid, both because there's plenty of prior art and (separately) because they cover obvious concepts. Blockbuster also pointed out that Netflix was aware of additional patents in the space that represent prior art. It will be interesting to see if this case actually goes anywhere, as Netflix was probably hoping more for a quick settlement from Blockbuster. However, it's probably in Blockbuster's interest to drag this out for a while, lap up the publicity while getting more people to know that it offers a service that competes directly with Netflix, and then settle at the last minute before letting an unpredictable judge or jury decide what this all means.

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7 Comments

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Pedren, 19 Jun 2006 @ 12:43pm

Call the Lawyers
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freakengine, 19 Jun 2006 @ 1:38pm

Rats may be fleeing the sinking ship of Blockbuster, but in this case, they're absolutely right. What patent office granted Netflix this patent, anyway????
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Joe, 19 Jun 2006 @ 1:52pm

Re:
Well I'm not sure how this shows the demise of Blockbuster. Basically the ship isn't sinking the ship is turning into something else as Netflix has forced them to change their business model.
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Anonymous Coward, 19 Jun 2006 @ 2:03pm

This all just makes me think that Netflix is scared that Blockbuster will turn them into the sinking ship.
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Sean, 19 Jun 2006 @ 2:08pm

Pizza
I'm going to patent the technology behind delivering pizza to a persons home, and put all other pizza places out of business.

That seems fair.
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Republican Gun, 19 Jun 2006 @ 2:47pm

Refreshing
It is so refreshing seeing a big corporate type ( blockbuster ) adapt and change their business model to survive. The RIAA and MPAA should take heed.
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Anonymous Coward, 20 Jun 2006 @ 5:46am

If Blockbuster is going to change I hope its for the better. I've had friends that worked in their stores and only did it cuz they needed the money. And I use the Online service cuz the nearest store is 1 1/2hr from me. The only problem I have is that check your queue and is the movie on top cant get to you in 3 days(it depends on what distribution center it comes from and where you live) they will move down your queue til they find one that can. That seems like a good idea cuz it gets movies out to you faster... however this rule comes into effect even if the DVD in question is part of a boxed set. I put the 5 disc (I have the 3 at a time account) set of an anime called Wiess Kruss on my queue. Discs 1,3,and 4 came first. Watched disc 1 and returned it... so they skipped disc 2 (and 5) and sent me a movie that was after the boxed set. I appreciate that they want to get DVDs out to me fast as possible but I would rather wait a few extra days to keep boxed set rentals in order.
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