CLICK TO EXPAND

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.

TAGS:

CLICK TO EXPAND

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!

Marc Brockhaus Named Oklahoma IP Attorney of the Year

Marc Brockhaus Named Oklahoma IP Attorney of the Year

FOR IMMEDIATE RELEASE Contact: Nicholas D. Rouse, Managing Shareholder 405-607-8600 nrouse@dunlapcodding.com

OKLAHOMA CITY, OKLAHOMA – November 1, 2011 – Dunlap Codding is pleased to announce that Marc A. Brockhaus has been named the Oklahoma Intellectual Property Attorney of the Year by Corporate INTL magazine.
 
Marc A. Brockhaus practices in the areas of intellectual property, technology, computer and patent law and is involved in counseling, transactions, litigation and prosecution before the United States Patent and Trademark Office. Marc is among Oklahoma’s top practitioners for intellectual property law, according to the rigorously researched Chambers USA:  America’s Leading Lawyers for Business. He was also selected by attorney peers for inclusion in Oklahoma Super Lawyers–Rising Stars Edition 2008.
 
Marc has prosecuted patent applications in the United States and abroad in the electrical, software and mechanical arts including telephony equipment, semiconductor design and fabrication, computers, computer networking, digital cameras, electronic test equipment, web guiding equipment, firearm safety equipment, protective vests, explosive detection equipment, optics and optical equipment, software programs and business methods.
 
Marc has also been involved extensively in patent-related litigation and licensing efforts involving the enforcement of intellectual property rights.
 
Marc has been an adjunct faculty member at the University of Oklahoma College of Law and received his J.D. and his Masters of Business Administration from the University of Oklahoma in 1997, where he was inducted into Beta Gamma Sigma.  He received his B.S. in Electrical Engineering from the University of Oklahoma in 1993.
 
Dunlap Codding P.C. is an Oklahoma City-based law firm serving regional, national and international clients.  Established in 1957 as Oklahoma’s original intellectual property firm, Dunlap Codding remains the state’s largest and most versatile IP boutique.  Dunlap Codding represents a substantial number of sophisticated client companies, and for the past 50 years has obtained more patents, trademarks and copyrights than any other firm in the region.

Barbara Krebs Yuill, Ph.D., Named An Oklahoma Rising Star 2011

FOR IMMEDIATE RELEASE Contact: Nicholas D. Rouse, Managing Shareholder 405-607-8600 nrouse@dunlapcodding.com

OKLAHOMA CITY, OKLAHOMA – November 1, 2011 – Dunlap Codding is pleased to announce that Barbara Krebs Yuill, Ph.D., has been named to the Oklahoma Rising Stars list as one of the top attorneys in Oklahoma for 2011.  She was also named to the list in 2010.  No more than 2.5 percent of the lawyers in the state are selected to the list.  Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.  The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.

Barb practices in the areas of patent, trademark, copyright, and trade secret law.  She counsels clients in all aspects of intellectual property including patent drafting and prosecution, preparation of patent infringement and patent validity opinions; trademark clearance and registration; license preparation and negotiation; and copyright infringement defense and negotiation.

Barb has prepared patent applications in the areas of nanoparticle manufacture, treatment and use; chemical processing; metallurgical and ceramic materials and manufacture; oil field chemicals and drilling methods; environmental remediation technologies; and mechanical devices for the medical, veterinary and sporting goods industries.

Prior to becoming a patent attorney, Barb was employed by Atlantic Richfield (ARCO) as a research engineer where she was co-inventor of U.S. Patent No. 4,579,589 “Process For The Recovery Of Precious Metals From A Roaster Calcine Leach Residue”; U.S. Patent No. 4,752,332 “Treating Manganese Containing Ores With A Metal Sulfide”; U.S. Patent No. 4,740,243 “Metal Value Recovery From Metal Sulfide Containing Ores”; and Canadian Patent No. 1,258,181 “Process For Producing Enriched Mineral Ore Concentrates.”

Dunlap Codding P.C. is an Oklahoma City-based law firm serving regional, national and international clients.  Established in 1957 as Oklahoma’s original intellectual property firm, Dunlap Codding remains the state’s largest and most versatile IP boutique.  Dunlap Codding represents a substantial number of sophisticated client companies, and for the past 50 years has obtained more patents, trademarks and copyrights than any other firm in the region.

Dunlap Codding Adds Three New Associates

FOR IMMEDIATE RELEASE Contact: Nicholas D. Rouse, Managing Shareholder 405-607-8600 nrouse@dunlapcodding.com

OKLAHOMA CITY, OKLAHOMA – November 1, 2011 – Dunlap Codding is pleased to announce the addition of three new associate attorneys in 2011, Michelle L. Briggs, Ann M. Robl and Timothy J. Singleton.

Michelle Briggs’ practice focuses on trademarks, copyrights, entertainment and Internet law as well as licensing, transactional, and litigation matters.  She graduated from the Oklahoma City University School of Law where she ranked in the top 20% of her class.   During law school, Michelle served as the Vice President of the Intellectual Property Student Association and was a member of Phi Delta Phi, a member and treasurer of OCU merit scholars, and a student member of the Holloway Inn of Court.  She was on the Dean’s List from 2009 to 2011, and on the Faculty Honor Roll in 2011.
Michelle received her B.A. in Corporate Communications and Public Affairs in 2005 from Southern Methodist University.

Ann Robl concentrates her intellectual property practice in the areas of patents, patentability analysis, prior art search, licensing and prosecution.  She graduated with distinction from the University of Oklahoma College of Law in May 2011, where she was inducted into the national Order of Barristers as one of ten graduating students recognized for outstanding performance in oral advocacy and support of oral advocacy programs.  Ann was a member of the Oklahoma Journal of Law and Technology editorial staff and was named Best Note Editor of the publication in 2011.  She was on the Dean’s Honor Roll from 2008 to 2011, and received an Academic Achievement Award for Legal Research & Writing in 2009.  In 2009, she was a member of the Calvert Moot Court Elite Eight Teams and a Top Ten Individual Speaker.  In law school, Ann also competed in moot court and client counseling competitions, and was twice named a competition Top Ten Best Speaker.  From 2008 to 2011, she was the recipient of the William T. Comfort Scholarship.  Ann received her B.S. in Mechanical Engineering from Villanova University, where she graduated, cum laude, in 1995.
Tim Singleton practices in the areas of intellectual property, licensing and patent law.  He is involved in counseling and transactional work involving all aspects of intellectual property. He received his J.D. for the University of Tulsa College of Law in 2010, where he was a member of Phi Delta Phi and was inducted into the national Order of Barristers.  He received his B.A., cum laude, from the University of Oklahoma in 2004.  While a student at the University of Tulsa College of Law, Tim was inducted into Phi Delta Phi.  During law school, he served as the editor of the Tulsa Journal of Comparative and International Law and of the Tulsa Law Review. He received the CALI Award for Excellence:  Electronic Discovery, May 2010, the CALI Award for Excellence:  Foreign Relations, May 2009, and was awarded 1st place in the Criminal Law Trial Advocacy Competition, in 2006, 2007, and 2009.

Tim served as an intern with the United States Attorney’s Office for the Northern District of Oklahoma and a judicial intern for Justice Marian Opala, Oklahoma Supreme Court.  He also received an M.S. in Computer Science in 2010 from the University of Tulsa, and a B.A., cum laude, from the University of Oklahoma in 2004.

Dunlap Codding P.C. is an Oklahoma City-based law firm serving regional, national and international clients.  Established in 1957 as Oklahoma’s original intellectual property firm, Dunlap Codding remains the state’s largest and most versatile IP boutique.  Dunlap Codding represents a substantial number of sophisticated client companies, and for the past 50 years has obtained more patents, trademarks and copyrights than any other firm in the region.

Attorney Laura Robinson Rejoins Dunlap Codding

FOR IMMEDIATE RELEASE Contact: Nicholas D. Rouse, Managing Shareholder 405-607-8600 nrouse@dunlapcodding.com

OKLAHOMA CITY, OKLAHOMA – September 29, 2011 – Dunlap Codding is pleased to announce that Laura Robinson has rejoined the firm as an associate representing clients in intellectual property issues including patent, copyright, trade secret and trademark matters.  Her practice also includes the review and evaluation of business practices to ensure compliance with FDA regulations and procedures.  Prior to rejoining Dunlap Codding, Robinson served as in house patent counsel for Molecular Imprints, a nanotechnology company, from September 2008 until January 2011, where she was responsible for the company’s entire patent portfolio, drafting patents and overseeing the work of outside counsel.  Nick Rouse, the firm’s Managing Shareholder, said, “Laura was a standout attorney when she practiced at the firm previously, and her experiences as an in-house patent counsel will only serve to make her more valuable to our clients.  We’re delighted to have her rejoin us.” Robinson said, “I’m thrilled to be back at Dunlap Codding.  It’s a great place to work with really supportive, smart people.  I loved working at Molecular Imprints and the luxury of focusing on one patent portfolio; the discipline of working within a set budget was also a great experience.”

Robinson received her J.D. from Texas Tech University in 2005.  She received her M.E. in Biomedical Engineering from Texas A&M University in 2002 and her B.S. in Biomedical Science from that same university in 1999.  While in law school, Laura earned academic achievement awards in Intellectual Property, Patent Law, Anatomy of a Trial and Law Practice Technology. She also served as a legal intern in the Admiral Elmo R. Zumwalt, Jr. National Program for Countermeasures to Biological and Chemical Threats Program and as a law clerk for the Texas Tech Office of Technology Transfer and Intellectual Property.

Dunlap Codding represents a number of nanotechnology companies, in addition to representing clients in the following exemplar areas:  biotechnology and life sciences, chemistry, pharmaceuticals, medical devices, energy services, mechanical engineering, electrical engineering, software, and optics.  The firm’s clients comprise large research institutions, multinational manufacturers, individual inventors and companies and institutions of all sizes in between.

Established in 1957 as Oklahoma’s original intellectual property firm, Dunlap Codding remains the state’s largest and most versatile IP boutique, and for the past 50 years has obtained more patents, trademarks and copyrights than any other firm in the region.