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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!

Managing Intellectual Property Ranks Dunlap Codding in Tier 1

Managing Intellectual Property Ranks Dunlap Codding in Tier 1

Managing Intellectual Property’s IP Handbook has ranked Dunlap Codding in Tier 1—Highly Recommended for Intellectual Property.  The publication also named five firm attorneys as “IP Stars.” Managing Intellectual Property’s IP Handbook ranks leading intellectual property agencies and law firms worldwide, highlighting the country’s prominent intellectual property attorneys.  Results are based on a research process comprising more than 1,000 interviews of and surveys from peers and in-house counsel active in the United States.  

Nicholas D. Rouse, Managing Shareholder of Dunlap Codding said, “We are honored by this ranking and pleased to be in the company of other fine law firms.  This is the second year that Managing Intellectual Property has ranked firms in Oklahoma and we are gratified to have been highly recommended in both editions.” Of the sixteen attorneys ranked in Oklahoma five are from Dunlap Codding:  Nicholas D. Rouse, Jeffrey R. Anderson, Marc A. Brockhaus, Douglas J. Sorocco, and Joseph P. Titterington. 

Jeffrey R. Anderson practices in all areas of intellectual property, with an emphasis on managing IP portfolios, negotiating complex intellectual property transactions and agreements, and drafting and prosecuting patent applications.  His knowledge of trademark and copyright law is extensive, and his technology background includes chemistry and engineering.  Jeff gained significant field experience as an engineer before attending law school.  Of particular interest to clients is Jeff’s lengthy service in house as senior patent counsel for well-regarded companies such as ConocoPhillips and KiOR, Inc., a next generation renewable fuels company.  

Marc A. Brockhaus leads the firm’s Electrical Engineering & Systems group.  He also 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 ranked in Band 1 (the top band) for intellectual property law by 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 was recently named the Intellectual Property Attorney of the Year by Corporate-INTLmagazine.  In November 2011, he received the same honor from Global Law Experts. 

Nicholas D. Rouse has been the Managing Director of Dunlap Codding since 2007, while continuing an active practice.   He also leads the firm’s Mechanical Engineering Group.  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, and he has been top ranked continuously since then. He was recently selected by attorney peers for inclusion in The Best Lawyers in America® 2014 for Patent Law and Trademark Law.  Nick provides a broad range of patent counseling to clients ranging from individual inventors to large multinational manufacturing companies. 

Douglas J. Sorocco practices in the areas of intellectual property, technology, licensing, life sciences and patent law and is involved in counseling and transactional work involving all aspects of intellectual property. He is registered to practice before the United States Patent and Trademark Office. Doug regularly counsels clients in all aspects of intellectual property including acquisition and commercialization of intellectual property, portfolio management, licensing and transactional matters. He is ranked in Band 1 (the top band) for intellectual property law by the highly regarded Chambers USA: America’s Leading Lawyers for Business, and he was selected for inclusion in The Best Lawyers in America® 2014 for Technology Law.  Doug was also selected by attorney peers for inclusion in Oklahoma Super Lawyers–Rising Stars Edition (2010). 

Joseph P. Titterington practices in 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 was recently selected by attorney peers for inclusion in The Best Lawyers in America 2013 in the field of Litigation – Intellectual Property and he has been rated AV Preeminent by Martindale Hubbell for nearly 20 years.