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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 Adds Intellectual Property Litigation Attorney Jordan A. Sigale

Dunlap Codding Adds Intellectual Property Litigation Attorney Jordan A. Sigale

November 13, 2014 (Oklahoma City, OK) – Dunlap Codding, a law firm concentrated on intellectual property law and ensconced in Midwestern values, has added IP litigation attorney Jordan A. Sigale, formerly a partner with Loeb & Loeb in Chicago.  Sigale reunites with his long-time friend and former law colleague, Douglas J. Sorocco, a director at Dunlap Codding, and will serve on the firm’s Board of Directors and Co-Chair the firm’s litigation practice. Dunlap Codding is also laying down roots at Chicago’s historic Merchandise Mart—more recently home to high tech companies such as Google, eBay, and the city’s game-changing tech incubator 1871.com.

The addition of Sigale highlights the strategic growth of the firm, deepening its focus on IP litigation. Sigale has served as lead litigation and trial counsel in a wide variety of intellectual property matters including computer intrusion, copyright infringement, false advertising, design and utility patent infringement, trade secrets and trademark infringement.  Sigale has also served as lead litigation and trial counsel on a variety of antitrust claims, particularly focused on the antitrust-intellectual property interface.  He has extensive experience coordinating foreign intellectual property litigation strategy in Australia, China, Europe, and Hong Kong.

“At Dunlap Codding, we’re benefitting from clients’ renewed interest in doing business with boutique and regional firms.  The irony of this new trend of moving away from Big Law is that it’s also an old one. The rise of the huge, bill-by-the-hour law firm came during the second half of the twentieth century. Prior to that, lawyers worked in smaller firms, often on flat fee retainers, and provided personal service to clients. So, what’s old is new again,” said Sorocco. He added, “Jordan, personally and professionally, is one of the most highly regarded IP litigation attorneys in Chicago. He will greatly enhance the capabilities of our IP Litigation practice, and he fits right in with our deeply rooted Midwestern values.”

“Returning to my IP boutique roots with a firm that shares my values and client-focus was a no brainer,” Sigale says. “I’m excited to join forces with such a diverse group of individuals who have deep technical knowledge combined with legal acumen and business sense. It feels like I am coming home.”

Sorocco adds,  “For 60 years Dunlap Codding’s philosophy has been simple: To listen and respond to each client’s unique needs with micro-customized services in order to help them create and protect robust intellectual property portfolios, vigorously pursued and properly grounded in science and law.”

Sigale received his JD from the University of Illinois College of Law, magna cum laude, in 1992.  He also received his BS from the University of Illinois College of Electrical and Computer Engineering in 1989, where he was nominated to the Electrical Engineering Honors Society, Eta Kappa Nu.

About Dunlap Codding
Founded in 1957 as Oklahoma’s original intellectual property firm, Dunlap Codding remains the region’s largest and most versatile boutique IP firm serving a global and sophisticated client base.  Home to a group of professionals with diverse scientific and legal acumen, the firm is large enough to provide depth and experience in almost any field, and small enough to provide personalized, responsive legal representation.