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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!

Jordan Sigale, Dunlap Codding Director, Quoted Extensively in Bloomberg BNA

Jordan Sigale, Dunlap Codding Director, Quoted Extensively in Bloomberg BNA

Bloomberg BNA’s Patrent, Trademark & Copyright Journal quoted Jordan Sigale in a May 22, 2015, article on copyrights and copyrightability, “En Banc ‘Innocence of Muslims’ Ruling Says Actor Didn’t Hold Copyright in Film.”

In Garcia v. Google, Inc., 9th Cir., No. 12-57302, 5/18/15, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, ruled 10-1 that the actor (allegedly tricked into appearing in an anti-Muslim firm) didn’t hold a copyright interest in her performance separate from the work as a whole.  The court reversed a ruling by a prior judicial panel, saying that the YouTube posting ,which had led to death threats, was protected by the First Amendment.  “The 2014 ruling by Judge Alex Kozinski had been widely criticized both by free speech advocates and by the motion picture industry,” noted Bloomberg, further observing that many copyright scholars and practitioners had predicted that Kozinski’s ruling would not survive.  But Bloomberg said some practitioners were surprised by the scope of the en banc ruling.

Sigale noted that the recent court’s ruling was a surprise in terms of scope, and was quoted as saying, “The Ninth Circuit did not need to reach the merits of the copyright claim.”  Sigale referred to a concurring opinion in the matter and noted that the court could have ruled based on the requirements for granting an injunction.  “Kozinski’s prior ruling was immediately dissolved by the en banc panel’s ruling.  However, Judge Kozinski and the unfortunate issues created by the majority opinion on copyright authorship are not going away…..Copyright law in the Ninth Circuit has been weakened by this decision.  I hope with the passage of time, litigants will see this opinion as being limited to its specific facts and move past it.”

With regard, however, to Kozinski’s point that a musician is not required to record his own music in order to hold rights in it, Sigale agreed and said, “Moreover, copyright law recognizes the separate performance rights in the various members of a band (e.g. vocalists, guitarists, drummer) as well as the producer of the sound recording….Similar concerns can and should be raised by choreographers and the like, whose contributions to larger works had long been recognized.  This opinion calls all of that into question.”

Douglas J. Sorocco Quoted in MainStreet Regarding a $100 Million Lawsuit

Dunlap Codding Shareholder Doug Sorocco was quoted in a May 18, 2015, article by Juliette Fairley in MainStreet, Dispute Over Posting of Hemp Test Results Leads to $100 Million Lawsuit By MJNA.”  The article explains that “MJNA, a publicly traded company, is seeking damages for comments about significant levels of toxic solvents that reportedly harmed its reputation and stock price.”  Sorocco is quoted as noting that, “A significant portion of hemp oil available in the market is obtained from industrial manufacturing and there is a concern in the industry that the industrial processes may introduce an unacceptable level of heavy metals into hemp oil.” 

Elizabeth Lauderback Quoted in the Oklahoma Gazette

Dunlap Codding associate Elizabeth Lauderback was quoted in the Oklahoma Gazette in an article by Ben Felder, “IgniteOKC offers 13 presenters 6 minutes each to share rapid-fire, TED-like talks,” May 20, 2015.  Elizabeth is the chair of Ignite OKC 8. 

Elizabeth was quoted as saying, “There is a lot of breathing room here for a lot of average people who have a passion and want to do something creative….We are a growing city, but we are not saturated…so you can be the movement here as opposed to just being part of it….IgniteOKC is all about igniting a community, and OKC is in a state of ignition and growth right now, so it is very timely.”

Dunlap Codding Ranked in Band 1 for Intellectual Property by Chambers USA: America’s Leading Lawyers for Business

OKLAHOMA CITY, OKLAHOMA—May 19, 2015—Dunlap Codding is pleased to be ranked in Band 1 (the top band) for intellectual property by Chambers USA: America’s Leading Lawyers for Business. The publication is widely regarded as the most reliable and intensively researched of all lawyer rating directories. Chambers USA began ranking Oklahoma Intellectual Property firms in 2010. Dunlap Codding has been a top-ranked firm since the inaugural coverage of the state’s intellectual property practitioners, and is again ranked in Band 1 for 2015.

Chambers quotes sources as saying, “A fantastic team – and the first set of lawyers we’ve used with a cooperative, problem-solving attitude,” and, “Their real strong point is thinking outside the box to get the goal accomplished…..”

Chambers described the firm as a “Heavy-hitting boutique servicing the full range of copyright, patent and trademark concerns for clients at every level, from local startup to foreign multinational. Noted for its litigation capability and its strong focus on life sciences, healthcare, electrical engineering and computer technology. Significant clients [include] Ashland, DePuy Synthes, DuPont/EKC Technology, Quibids, and Siemens Healthcare Diagnostics.” 

Chambers said, Managing director Nicholas Rouse attracts client praise for his knowledge of mechanical engineering issues. He acts most frequently on patent and trademark prosecution and portfolio management. 

Chambers also said, “Marc Brockhaus heads the electrical engineering and systems group and recently advised consumer electronics retailer Petra Industries on its involvement in a patent infringement action. Sources testify to his winning combination of technical and technological know-how and keen commercial awareness. 

Finally, Chambers wrote, “Douglas Sorocco leads the practice and is appreciated by clients, not only for his “very valuable skill set” and determination “to work out a way of making sure problems get solved,” but also because “he’s really concerned about how we feel about things.” He is notably active in life sciences and technology, and recently counseled titanium dioxide product manufacturer Cristal USA on the creation of a Swiss holding company, associated licensing agreements and ongoing patent portfolio matters. 

Dunlap Codding, with offices in Austin, Chicago, Oklahoma City, and Washington, D.C., serves sophisticated international, national, and regional clients.  Established in 1957 as Oklahoma’s original intellectual property firm, Dunlap Codding remains the region’s largest and most versatile IP boutique providing counsel in the areas of patent, trademark, copyright, and entertainment law as well as related litigation and licensing services. 

Dunlap Codding Shareholder Emily E. Campbell Quoted in an Article on Copyright Office Inquiry into Licensing of Photos, Illustrations

Emily Campbell was quoted extensively in an April 28, 2015, Bloomberg BNA article published by The Bureau of National Affairs, Inc., written by Anandashankar Mazumdar.  The article summary stated, “The Copyright Office is reviewing how certain visual works, particularly photographs, graphic artworks, and illustrations, are monetized, enforced, and registered under the Copyright Act.”

The Federal Register, on April 24, had published the Office’s call for public comments on obstacles facing creators of visual works in monetizing their creations.  Emily was quoted as saying that the process seemed “like medicine, where we are trying to take preventative steps to maintaining our health.  It seems like the Copyright Office is trying to take preventative measures to protect rights with regard to digital images.”  Typically, those holding copyright interest in visual works have had only reactive measures to turn to, such as relying on “copyright enforcement groups out there enforcing rights of third parties.”  Emily commented that the initiative was a good start in prompting thinking about how to protect rights from the beginning.

The article noted that, according to the notice, “Even when creators of visual works successfully license use of their works, the resulting uses can result in their credit information and other embedded copyright management data being stripped away.”

Emily explained that copyright holders, their lawyers and potential users or licensees of visual works do not currently have access to a comprehensive, centralized database of visual works. 

“Currently there’s a database that’s in place, but copyright law has always had a challenge of chasing technology,” Campbell said. “So we face these issues of trying to conduct a search on the Library of Congress site and we face a limitation in that we can’t view the works.”

Emily suggested that something akin to the Creative Commons database would be helpful in overcoming some of the obstacles faced.