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Phosita IP Blog

RUMORS OF THE ANTICIPATED XBOX 720 INCORPORATING A DVR SYSTEM COME IN THE MIDST OF A SWIRL OF LITIGATION INVOLVING DIGITAL VIDEO RECORDING TECHNOLOGY.

As reported by Gamezone on January 4, a new rumor has surfaced about the development of the next generation Xbox, or Xbox 720 – a clever twist on the current Xbox 360 title, due to a patent recently granted to Microsoft. 

United States Patent No. 8,083,593 was issued on December 27, 2011, and describes the implementation of a DVR system allowing for the recording of media, including television programs. The following abstract briefly describes the DVR application as implemented in the new system:

                “An integrated gaming and media experience is disclosed, including recording of content on a gaming console. A digital video recorder (DVR) application running alongside a television client component allows users to record media content on the gaming console. The DVR application also integrates itself with the console menu. Once integrated, users can record media content while playing games. Alternatively, users can record content when the gaming console is turned off. The recorded content can include television programming, gaming experience (whether local or online), music, DVDs, and so on. When in the recording state, users can also switch between various other media modes, whether gaming, television, and so on.”

Although the new Xbox 720 sounds pretty cool, this patent gives rise to yet another issue in the current controversy between Microsoft and TiVo regarding digital video recorder (DVR) technology. As you may have heard, Microsoft filed a lawsuit back in January 2011 and in subsequent motions alleged that TiVo violated seven of Microsoft’s patents concerning digital video recording.  There is currently, however, a stay on the case due to the court’s having granted TiVo’s request for reexamination of the allegedly infringing patents. See Microsoft Corp. v. Tivo Inc., 2011 U.S. Dist. LEXIS 52619 (N.D. Cal., May 6, 2011).

What really makes this interesting is that AT&T (one of Microsoft’s major customers) was sued in 2009 for infringing TiVo’s DVR patents 6,233,389, 7,493,015, and 7,529,465 which ultimately resulted in a settlement on January 3, 2012.  Forbes reports that TiVo will receive approximately $215 million from AT&T with $51 million up front and recurring quarterly payments until 2018 to cover the rest. To add to the controversy, it has been suggested that Microsoft filed its suit in January 2011 in response to TiVo’s suit against AT&T because AT&T’s technology runs Microsoft’s Mediaroom client software. Thus, it raises the question that since AT&T settled and AT&T’s technology uses Microsoft’s technology, is it still feasible that Microsoft could win its suit against TiVo and be able to defend against TiVo’s counterclaim of patent infringement? Although I have not researched in depth the patents at issue in these cases, the settlement by AT&T, if anything, might shed some light on how Microsoft’s case will unfold once reexamination is complete.
Now back to the important stuff: video games. In light of all this litigation surrounding DVR technology, it seems like the video game community might have to wait even longer than the 2013-2015 projected release date of the Xbox 720 so that Microsoft can incorporate the rumored DVR feature without the risk of impending litigation. If Microsoft ends up winning the suit against TiVo before then, however, I, for one, hope that Microsoft passes some of the winnings on to the consumer in the form of discounted prices for the new system.

 Image by Fanchile on Flickr Creative Commons- some rights reserved.

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DC On Film Row

About DC on Film Row

DC on Film Row is a free event space open to everyone in our community.

We like to say that the space is a “home for creatives and innovators, home builders and the homeless, celebrators and the celebrated” so people understand that we are inclusive and want everyone from throughout our community using our space.

Our goal is to celebrate the incredible diversity of creativity, innovation, and passion within Oklahoma City and to provide a venue—free of charge—to those groups and individuals working to bind us all together and make our home a cooler and better place. No strings attached—no extensive rules to follow. We simply ask that all of our neighbors be honored and that all viewpoints be respected. Our criteria for use is simple: If the event, group, or meeting is something which strengthens our community and brings us all together, the space is available for use.

The space has hosted everything from charitable fundraisers to an underground nightclub party to celebrate Canterbury Choral Society’s 45th anniversary season. We host dinners for the OKC homeless population most Monday evenings where upwards of 250 people are served—we provide the space and soft drinks and a local church provides the food. We’ve hosted university planning retreats and monthly local rock concerts.

Every Wednesday, we open up the courtyard for lunch, invite a local food truck to set up outside our gates, and welcome our downtown neighbors into the space for a bit of socialization.

Our never-ending soda fountain seems to be the biggest hit with some of our neighbors while others spend time playing pool or simply chatting about what is happening on the weekend.

For October we turn the space into a haunted house and invite the neighborhood children to come out and trick-or-treat.

Got an idea for how to use the space? Just ask us – we’re almost certain to say yes!

Pictometry Wins Patent Infringement Lawsuit Filed by GeoSpan

Pictometry Wins Patent Infringement Lawsuit Filed by GeoSpan

SOURCE Pictometry International Corp.

ROCHESTER, N.Y., April 6, 2011 /PRNewswire/ — Pictometry International Corp., the leading provider of aerial oblique imagery and measuring software, announced today that the United States District Court of Minnesota has summarily declared that Pictometry’s oblique aerial image capture system does not infringe on GeoSpan’s patent.

“For Pictometry customers and the industry at large, this ruling confirms Pictometry’s integrity and innovation — the very attributes that enabled us to establish the aerial oblique industry more than a decade ago and the same attributes which have enabled us to maintain our leadership role in the geospatial industry ever since,” said Rick Hurwitz, Pictometry’s Chief Executive Officer.

According to Court documents, the Court ruled in favor of Pictometry in the patent dispute and entered a Declaratory Judgment of non-infringement on GeoSpan’s U.S. Patent no. 5,633,946, effectively ending the case. Due to the baseless nature of GeoSpan’s infringement claims, Pictometry may ask the Minnesota Court to declare the case “exceptional” and require GeoSpan to reimburse Pictometry for attorney’s fees and costs incurred in defending against such claims.

In a related matter, the United States Patent and Trademark Office granted Pictometry’s request to re-examine the GeoSpan patent to consider written materials which were not before the Patent and Trademark Office examiner when the initial examination of the patent was made. According to the Patent Office’s initial findings, there are substantial new questions of patentability that may evidence inequitable conduct on the part of GeoSpan for withholding some of these materials from the Patent Office.

“Pictometry will continue to protect its intellectual property on behalf of its customers as we create new, innovative technologies and partner with them to better serve their needs,” said Stephen Schultz, Pictometry’s Chief Technical Officer.

About Pictometry
Pictometry International Corp. is a leading provider of geo-referenced, aerial image libraries and related software. Pictometry has captured over 140 million digital aerial images which represent more than 80 percent of the United States population and all major U.S. markets. Using its proprietary imaging process, Pictometry captures geo-referenced, high-resolution orthogonal (straight down view) and oblique (captured at an angle) imagery within which structures and land features can be measured. Pictometry customizes and markets these technologies for government and commercial applications. Pictometry’s standard oblique imagery includes second order visualization tools that do not produce authoritative or definitive information (surveying). For more information, visit www.pictometry.com.

Kathryn Hester Featured in Article on Entrepreneurial Opportunities

Kathryn Hester, Ph.D., a patent agent at Dunlap Codding is featured in the April 3, 2011, issue of The Oklahoman in an article by Paula Burkes, “Entrepreneurial Opportunities Lure Aspiring Doctors, Chemists from Research to Startups.”

Kathryn used her doctorate in biochemistry and microbiology to become a patent agent, after passing the patent bar exam. She said, “to correctly write patent applications, you need to understand the invention to be able to critique and analyze it.” Hester meets with inventors, writes applications and reviews invention disclosures. As she told The Oklahoman, the process of obtaining a patent application involves the preparation and submission of a patent application to the Patent Office, followed by “prosecution” of the application. Prosecution essentially involves arguing back and forth with the Patent Office on why the applicant believes the invention is novel and non-obvious (i.e., involves an inventive step) over what’s previously been published, patented or otherwise disclosed. Typically the biggest hurdle in obtaining a patent is arguing the non-obviousness of the inventive concept, as it can be very subjective.

The article profiles other inventors and scientists, including Dunlap Codding clients, who have started companies or otherwise used their degrees outside the realm of research and academia.