Netflix: Criteria that Indicates one or More Items that a Customer Desires to Rent (Essay Sample)

Instructions:

Netflix rents movies to more than 13 million members via its online subscription service. Although some movies can be downloaded from the Internet, Netflix’ signature service involves distributing movies through the mail. For a fixed monthly fee, members can receive as many movies as they like without the worry of late fees, limited only by the speed of the mail and rules regarding how many movies a member can possess at one time. Users search online for movies and place desired movies in a queue. When a customer returns one movie through the mail, Netflix automatically sends the next one in the queue. The rental method is covered by claim 1 of Patent No. 6,584,450 (“Method and Apparatus for Renting Items”), which reads as follows: “A method for renting items to customers, the method comprising the computer-implemented steps of:
a. receiving one or more item selection criteria that indicates one or more items that a customer desires to rent;
b. providing to the customer up to a specified number of the one or more items indicated by the one or more item selection criteria; and
c. 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 pro-vided to the customer does not exceed the specified number.
Imagine you are a defendant. Can you think of any prior art that might invalidate this patent? Remember that both lack of novelty and obviousness are potential theories of invalidity. The ‘450 patent was filed on April 28, 2000.
4. Suppose you were unable to think of prior art that might invalidate the Netflix ‘450 patent, or that the judge found that the prior art you presented did not render the invention either anticipated or obvious. Present an argument that the patent should be invalid because it does not claim patentable subject matter. [Netflix v. Blockbuster, 2006 WL 2458717 (N.D. Cal. Aug. 22, 2006)]

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Content:

Netflix
Kris Kubacko
Institutional affiliation
Netflix
Netflix has introduced the modern mode of movie rental. Generally, emerging technologies emerge new business methods. But, specifically, computer technology has had influenced the traditional mode of business and transformed it into technologic mode.
Netflix introduction
One example of modern mode of movie rental business is Netflix. It innovated for the fist time the movie rental business by introducing online database of movies, get the orders online and mail them to their mailing address. Moreover, they introduced unlimited amount of rentals without any due date and a flat-fee for annual subscription, no late fee, and no per title rental fees.
Topic research
In the case 450 patent filed by Netflix on April 28, 2000. Netflix claims in this case that their business model is a patent. In addition, before the court they presented their business model as a new invention that is solely invented by them. On the other hand, reading patent claim 1 of Patent No. 6,584,450, as well as getting information about the true spirit of prior art in patent law that spells it out as - any information or product that is not available to the public before its first hand introduction or invention.
My argument
After having enough research about the topic and getting my mind into the
case - 450 patent filed by Netflix on April 28, 2000. Its cause - the patent claim 1 of Patent No. 6,584,450 a United States patent law. And, aspects of legal application according to the true spirit of prior art concept.
I have come to the conclusive point that the patent should be invalid because it does not claim patentable subject matter. The reason is the business model like adapted by Netflix is actually refers to the trade secret as well as an existing technology. The technology used is not only very commonly known, but also used by and large. Therefore, it does not pertain to the patent, but it is a regular technology usage that can be used by anyone without copywriting or patenting. Hence, no patent applies on it.
References
American Bar Association. (n.d). Unilateral Conduct Committee E-BulletinIssue 46 October 26, 2006. Retrieved on November 05, 2011 from HYPERLINK "http://apps.americanbar.org/antitrust/at-committees/at-s2/ebulletins/2006/issue-46.shtml" http://apps.americanbar.org/antitrust/at-committees/at-s2/ebulletins/2006/issue-46.shtml
Blenko, Walter. (1991). Considering What Constitutes Prior Art in the United States. Retrieved on November 05, 2011 from HYPERLINK "http://tms.org/pubs/journals/JOM/matters/matters-9106.html" http://tms.org/pubs/journals/JOM/matters/matters-9106.html
Borrelli, Christopher. (August 4, 2009) How Netflix gets your movies to your mailbox so fast. Retrieved on November 05, 2011 from HYPERLINK "http://articles.chicagotribune.com/2009-08-04/entertainment/0908030313_1_dvd-by-mail-warehouse-trade-secrets" http://art...

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Netflix: Criteria that Indicates one or More Items that a Customer Desires to Rent (Essay Sample)

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