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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!

Dunlap Codding In the News—New Offices Being Built in the Film Exchange District of Oklahoma City

Dunlap Codding In the News—New Offices Being Built in the Film Exchange District of Oklahoma City

The Journal Record recently reported on Dunlap Codding’s new offices in the works at 609 West Sheridan in the Film Exchange District of Oklahoma City.  Reporter Brianna Bailey wrote, “With the help of the commercial construction company Design+Build Group, local intellectual property firm Dunlap Codding is transforming a 1920s-era industrial building in the Film Exchange District into a headquarters for its growing law practice.”  The firm’s shareholders purchased the 14,250-square-foot brick building in December. 

Douglas Sorocco, one of the firm’s shareholders, was quoted as saying the area was a good fit for the firm.  “Since we work with very creative and innovative people – artists, scientists and musicians – we wanted a space that kind of reflected that creativity and innovation we see in our clients,” he said.  Working closely with Design+Build Group, the firm is remodeling the industrial space—originally built in the 1920s—to include more than 40 new windows and skylights in the brick building.  The firm has also planned a spacious outdoor courtyard for employee use and anticipates making the space available for community creative events.  The firm also anticipates expansion and is building in the infrastructure for an eventual second and third floor.

Dunlap Codding Associate Michelle Briggs Chairs IgniteOKC 4

OKLAHOMA CITY, OKLAHOMA—October 19, 2012—Dunlap Codding Associate Attorney Michelle Briggs was recently quoted in an article in The Daily Oklahoman on the fourth IgniteOKC event to be held in conjunction with Creative Oklahoma on November 13 at the Civic Center Music Hall. Briggs chairs IgniteOKC 4, an event bringing together techies, artists, and entrepreneurs. Ignite events feature speakers presenting their insights via 20 slides in 5 minutes. Briggs noted that this year’s event offers one of the most diversified groups of speakers on topics ranging from serious to intriguing to funny.

“We’re very excited about this new partnership with Creative Oklahoma and their State of Creativity Forum….Our first three events were very well received by the business and creative communities in Oklahoma City, and we’re building on that momentum by joining forces with such a dynamic event,” said Briggs. Susan McCalmont, president of Creative Oklahoma, was quoted as saying, “We are excited to work with IgniteOKC and spread the word that Oklahoma is the official State of Creativity.”

Barbara Krebs Yuill, Ph.D., Esq., Named an Oklahoma Rising Star

 Dunlap Codding is pleased to announce that Barbara Krebs Yuill, Ph.D, Esq., has been named to the Oklahoma Rising Stars list as one of the top up-and-coming attorneys in Oklahoma.  Each year, no more than 2.5 percent of the lawyers in the state receive this honor.  Selection for this list is made by the research team at Super Lawyersa Thomson Reuters business.  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. 

Dr. Yuill 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. She was previously selected by attorney peers for inclusion in Oklahoma Super Lawyers–Rising Stars Edition 2010 and 2011. 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.

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.

Lewis Craft, Esq., Joins Dunlap Codding

Dunlap Codding is pleased to announce that Lewis Craft has joined the firm as an associate.  Lewis practices in the areas of patents drafting and prosecution, licensing, prior art searches, and patentability analysis.   Dunlap Codding Managing Shareholder Nick Rouse said, “We are happy to have Lewis join us as an associate attorney; we are growing and he brings needed skills to the table.” 

Lewis graduated from The University of Oklahoma College of Law in May 2012 and recently passed the bar examination.  Prior to working at Dunlap Codding, he was a patent intern at The University of Oklahoma’s Office of Technology Development.  He also worked at Kenyon Energy as an assistant landman and legal clerk.  While in law school, Craft was on the Dean’s List, 2009–2012, served as the American Indian Law Review Articles Editor, 2011–2012, was a member of the OU Law Dean’s Council, 2010–2011, received the Robert T. Rennie Scholarship, and was inducted in the Order of Solicitors in 2012.  Lewis is a member of the American Inns of Court—Luther Bohanon Chapter, and is a member of the Sigma Nu Alumni Advisory Board—University of Oklahoma Chapter.

Lewis received his B.S. in Chemical Engineering from the University of Minnesota in May 2009.  While attending the University of Minnesota, he interned at 3M, assisting in the development and scale-up of a non-halogenated resin later used in the production of a “green” optical film which was implemented in an array of products.