Phosita IP Blog


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.



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!

Dunlap Codding Shareholder Douglas J. Sorocco Named To The Board Of Directors Of Creative Oklahoma

Dunlap Codding Shareholder Douglas J. Sorocco Named To The Board Of Directors Of Creative Oklahoma

Doug Sorocco has been named to the Board of Directors of Creative Oklahoma, a non-profit organization advancing the economy through initiatives in education, commerce, and culture.  Sorocco said, “It’s exhilarating to be part of Creative Oklahoma’s visionary efforts to foster creativity and innovation through its North American and international initiatives.”

Formed in 2006, Creative Oklahoma is the first non-profit in the U.S. with a strategy to encourage and support the development of creativity and innovation in the education, commerce, and culture sectors.  The organization sparked the development of the National Creativity Network, a national non-profit organization linking more than 15 regions in the U.S. and Canada sharing best practices and providing national education offerings.  Creative Oklahoma is the only North American region represented in the international Districts of Creativity Network, linking together 14 regions of creativity throughout the world.  Among the organization’s initiatives is the annual Oklahoma Creativity Form to be held on November 13, 2012, at the CoxConvention Center in downtown Oklahoma City.

Doug Sorocco is a shareholder at Dunlap Codding and is known for his creative and strategic collaborations with the firm’s intellectual property clients.  He, along with firm associate Michelle Briggs, recently authored “Who Owns It?  Copyright Ownership for the Collaborative Age,” in the fall 2012 issue of Paradigm, the magazine of Primerus, an international society of boutique law firms. 

Along with Doug Sorocco, the board, officers, and advisors of Creative Oklahoma represent some of Oklahoma’s finest companies, individuals, and organizations.

Board of Directors

Chair—Don Betz, University of Central Oklahoma, President

Past Chair—Ken Fergeson, NBC Oklahoma, Chairman

Founding Chair—Burns Hargis, Oklahoma State University, President

Treasurer—John McCarroll, OETA-TV, Executive Director

Secretary—Mark Robertson, Robertson & Williams, Partner

President—Susan McCalmont, Creative Oklahoma

Directors and Affiliations

  • Judy Allen, Choctaw Nation, Executive Director of Public Relations
  • Jari Askins, OU HealthSciencesCenter, Associate Provost For External Relations
  • Scott Booker, The Academy of Contemporary Music at the University of Central Oklahoma, Executive Director
  • Ken Busby, Tulsa Arts & Humanities Council, Executive Director
  • Allen Brown, Frankfurt-Short-Bruza Associates, Principal
  • Bart Conner, Perfect 10 Productions, CEO
  • Kyle Dahlem, The DaVinci Institute, Board President
  • Randy Decker, SandRidge Energy, Inc., Director of Community Relations
  • John DeSteiguer, OklahomaChristianUniversity, President
  • Jenny Dunning, KeystoneAdventureSchool and Farm, Founder
  • Jeanette Elliott, Ackerman-McQueen, Executive Vice President, Creative Director
  • Robyn Elliott, Chickasaw Nation, Division of Comm., Administrator
  • John Feaver, USAO, President
  • Pageant Ferriabough, Busine$$’s Resources Unlimited, President & CEO
  • Mary Frates, Civic Volunteer
  • Brent Gooden, The Gooden Group, President
  • Susan Harkness, OG&E Energy Corp., Public Affairs
  • Jean Hendrickson, Oklahoma A+ Schools, Executive Director
  • Robert Henry, Oklahoma CityUniversity, President
  • Gail Huneryager, Crowe & Dunlevy, Director of Business Development
  • John Kennedy, Irish Realty, CEO
  • Julia Kirt, Oklahoma Visual Arts Coalition, Executive Director
  • Tim Langenberg, Devon Energy Corp, Creative Dir. of Corp. Comm.
  • Greg Main, President, St. Gregory’s University
  • Jim Mason, Oklahoma Nanotechnology Initiative, Executive Director, OKC
  • Stephen McKeever, OklahomaStateUniversity, Vice President
  • Mike Moradi, Century Venture Partners, Managing Director
  • Deidre Myers, OK Dept. of Commerce, Division Director, Research & Economic Analysis
  • Mark Parker, Oklahoma CityUniv., WandaBassSchool of Music, Dean
  • Harvey Pratt, OSBI, Forensic Artist/Specialist
  • Steve Prescott, Oklahoma Medical Research Foundation, President
  • Andrew Ranson, Giant Capital Fund & The Regional Center of Oklahoma, President
  • Jenifer Reynolds, AAA Discover Oklahoma, Host
  • Shannon Rich, Oklahoma Heritage Association, President
  • Cynthia Rolfe, University of CentralOklahoma, Vice President, Information Technology
  • Steve Saak, Chief Executive Office, S&S Promotions, Inc.
  • Douglas Sorocco, Dunlap Codding, Director
  • Jay Spear, OPUBCO Communications Group, Business Technologist
  • Robert Sternberg, OklahomaStateUniversity, Provost
  • Ken Stoner, TEDxOKC, Organizer
  • Cynthia Swinehart, Design Concepts, Owner
  • Rich Taylor, Univ. of Oklahoma, Weitzenhoffer Coll. of Fine Arts, Dean
  • Gena Timberman, Native American Cultural & Educational Authority, Executive Director
  • Roger Webb, OklahomaChristianSchools, Interim Headmaster
  • Max Weitzenhoffer, Broadway Producer

Founding Advisor—Sir Ken RobinsonPhD is an internationally recognized leader in the development of education, creativity and innovation.


  • Kim Baker, Oklahoma Arts Council, Executive Director
  • Janet Barresi, OK Department of Education, Superintendent, Oklahoma City
  • Phil Berkenbile, OK Dept. of Career & Tech. Education, State Director, Stillwater
  • Bob Blackburn, Oklahoma Historical Society, Director, Oklahoma City
  • Michael Carolina, OklahomaCenter for the Advancement of Science and Technology, Executive Director
  • Glenn Coffee, State of Oklahoma, Secretary of State, Oklahoma City
  • Glen Johnson, OklahomaState Regents, Chancellor, Oklahoma City
  • Julie Knutson, The OklahomaAcademy for State Goals, President & CEO
  • Ann Thompson, Oklahoma Humanities Council, Executive Director
  • Carol Troy, Saxum Communications, Senior Vice President, Oklahoma City
  • David Lopez, Oklahoma Secretary of Commerce and Tourism
  • Phyllis Hudecki, Oklahoma Secretary of Education

Kathryn Hester, Ph.D., Becomes Dunlap Codding’s Risk Manager

Kathryn Hester, Ph.D., has been named Dunlap Codding’s Risk Manager.  As Risk Manager for the firm, she will confer with the firm’s Board of Directors and will be responsible for identifying areas of risk for the firm and its clients, establishing policies and procedures to guard against those risks, and monitoring compliance with the policies and procedures.  Dunlap Codding’s Managing Shareholder Nick Rouse said, “Kathryn is the perfect person to serve as our Risk Manager in light of her extreme dedication, attention to detail, and her client-driven perspective.”      

Dr. Hester is a patent agent registered to practice before the United States Patent and Trademark Office. She focuses on patent prosecution and provides strategic and tactical patent counseling to clients that include start-up biotechnology companies as well as universities and large pharmaceutical and manufacturing companies.  Kathryn’s technological focus includes all areas of biotechnology, including molecular biology, cell biology, glycobiology, biochemistry, developmental biology, immunology, microbiology, virology, and genetics; pharmaceutical compositions; molecular diagnostics and techniques; medical devices and equipment; and the chemical and mechanical arts.  She received her Ph.D. from the University of Oklahoma, with honors, in Biochemistry & Molecular Biology, and her B.S. from Southern Nazarene Universitysumma cum laude, in Chemistry.

Dunlap Codding Attorneys Selected for Inclusion in The Best Lawyers in America 2013

Nicholas D. Rouse and Joseph P. Titterington have been selected by attorney peers throughout the profession for inclusion in The Best Lawyers in America 2013 ®, the oldest and most respected peer–review publication in the legal profession.  Firm shareholder Doug Sorocco said “we’re delighted that Nick and Joe have been named to Best Lawyers; the honor mirrors our own perception of their talents and skills in client care and legal excellence.”  

Nick Rouse, listed in The Best Lawyers of America 2013 in the fields of Patent Law and Trademark Law, has served as Dunlap Codding’s managing shareholder since 2007 while continuing an active practice.  In its inaugural coverage of intellectual property law in Oklahoma, the highly regarded Chambers USA: America’s Leading Lawyers for Business ranked Nick in the top band of leading practitioners. Nick provides a broad range of patent counseling to clients ranging from individual inventors to large multinational manufacturing companies. His practice includes patent preparation and prosecution, patent portfolio management, validity and infringement opinions, evaluations of new designs, and licensing strategy.  Nick graduated from the University of Oklahoma in 1987 with a B.S. in Petroleum Engineering, and received his J.D. from the University of Oklahoma College of Law in 1990. He is a member of the Intellectual Property Law Section of the Oklahoma Bar Association, and recently served as its president. 

Joe Titterington, listed in The Best Lawyers of America 2013 in the field of Litigation – Intellectual Property, heads Dunlap Codding’s litigation practice and focuses on the areas of complex commercial transactions, business tort, and intellectual property law. He has litigated cases throughout the United States involving diverse areas of the law including patent infringement, trademark infringement, copyright infringement, trade secret misappropriation, oil and gas, antitrust, and construction.  Joe received his J.D. from the University of Oklahoma College of Law in 1980 and received his B.S. from Oklahoma State University in 1976.

Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer–review survey on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”