That probably is a patent that shouldn't exist and probably not a sensible innovation either. Not saying that Netflix technical solutions aren't great. What isn't great is their legal department. They might want to reinvest its costs into other departments like engineering.
The patents have some arcane descriptions in the lawsuit:
> "System and method for attributing to a corresponding virtual machine CPU usage of a domain in which a shared resource’s device driver resides"
> "System and method for attributing CPU usage of a virtual machine monitor to a corresponding virtual machine."
> "Starting up at least one virtual machine in a physical machine by a load balancer."
Be that as it may, patents here absolutely fail to provide their intended purpose. This is a legal system that is run off course.