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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 Director Jordan A. Sigale Quoted in Law360 on Michael Jordan Verdict

Dunlap Codding Director Jordan A. Sigale Quoted in Law360 on Michael Jordan Verdict

Jordan Sigale was quoted in a Law360 article by Zachary Zagger on August 24, “Jordan Verdict A Warning For Advertisers On Image Use.”  The article commented on the verdict in Jordan et al. v. Dominick’s Finer Foods, LLC, in which lawsuit Jordan was awarded $8.9 million in damages by a jury “in a trial over a full-page advertisement in Sports Illustrated taken out in 2009 by former Chicago-area grocery chain Dominick’s Finer Foods LLC, now owned by Safeway Inc., without the superstar athlete’s approval.”  The ad offered a coupon for $2 off a steak and depicted and congratulated Jordan, saying “you’re a cut above the rest.”  Jordan’s likeness was used without his approval and he testified in trial that he does not take less than $10 million for advertising deals using his image or likeness, and that he would not have approved this use at any price because it was not in keeping with his strategy.

Sigale was quoted as saying the case forced the jury to decide what the true fair market value of the ad was in 2009 and that it says a lot about how a “jury of our peers” views the way in which we compensate people for their right of publicity.  He went on to observe, “While this jury was clearly comfortable with the notion that some people’s right of publicity can be extremely valuable, it wasn’t willing to completely side with Mr. Jordan.”  Dominick’s had argued that the fair market value was closer to $100,000.  Sigale noted that the jury didn’t award Jordan the full $10 million, but also didn’t go as low as Dominick’s sought.  

Dunlap Codding Shareholders Selected For Inclusion In The Best Lawyers In America® 2016

OKLAHOMA CITY, OKLAHOMA —August 17, 2015—Dunlap Codding is pleased to announce that Marc A. Brockhaus, Nicholas D. Rouse and Douglas J. Sorocco have been selected by attorney peers for inclusion in The Best Lawyers in America® 2016, the oldest and most respected peer–review publication in the legal profession.  Firm managing shareholder Nick Rouse said, “We’re delighted to be included in the publication.  We have always worked to provide excellent service and value to our clients and to uphold the reputation of our industry.”  

Marc Brockhaus was listed in The Best Lawyers in America® 2016 for Patent Law.  Marc leads Dunlap Codding’s Electrical Engineering & Systems group.  His practice includes all areas of intellectual property, including technology, computer and patent law, and extends to counseling, transactions, litigation, and prosecution before the United States Patent and Trademark Office.  He is ranked in the top band of Oklahoma’s top intellectual property practitioners by the highly regarded Chambers USA: America’s Leading Lawyers for Business. Marc has been an adjunct faculty member at the University Of Oklahoma College Of Law and received his J.D. and his Masters of Business Administration from the University of Oklahoma in 1997, where he was inducted into Beta Gamma Sigma.  He received his B.S. in Electrical Engineering from the University of Oklahoma in 1993. 

Nick Rouse, listed in The Best Lawyers in America® 2016 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, and he continues to be ranked in the top band. 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 served as its president in 2006.

Doug Sorocco is listed in The Best Lawyers in America® 2016 in the field of Technology Law.  He 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 the top band of Oklahoma’s top intellectual property practitioners by the highly regarded Chambers USA: America’s Leading Lawyers for Business. Doug was also selected by attorney peers for inclusion in Oklahoma Super Lawyers–Rising Stars Edition (2010).  He is an adjunct faculty member at the Oklahoma City University School of Law and in the Physiology Department at the University of Oklahoma’s Health Sciences Center. 

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.” 

Dunlap Codding P.C., with offices in Austin, Chicago, Oklahoma City, Wilmington, 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 state’s largest and most versatile IP boutique law firm.  

Dunlap Codding is a member of Primerus, an International Society of Law Firms.

Julie L. Langdon Selected As An Emerging Lawyer in Illinois

Julie L. Langdon, a senior associate in Dunlap Codding’s Chicago office, has been selected as an Emerging Lawyer in Illinois by Leading Lawyers, a division of Law Bulletin Publishing Company, which recognizes the top two percent of lawyers who are under the age of 40 or who have been practicing law for fewer than ten years.  Julie’s practice encompasses a number of areas of intellectual property law, including litigation, licensing, counseling, and asset protection of copyrights, trademarks, patents, and trade secrets. Her primary practice is patent litigation with a concentration in the areas of biotechnology and life sciences, chemical, and pharmaceutical arts. Julie represents plaintiffs and defendants in patent-related litigations involving infringement and other disputes arising over patent rights.

Emily Campbell Quoted in Bloomberg BNA’s Patent, Trademark & Copyright Journal on Trademarks and Likelihood of Confusion

On August 7, Bloomberg BNA covered DC Comics v. Gotham City Networking, Inc., T.T.A.B., No. 91194716, 7/17/15.  The case involves a trademark application filed by Gotham City Networking Inc. for “Gotham Batmen” with a stylized bat-like logo to be used in networking referral services and “entertainment in the nature of amateur softball games.”  According to Bloomberg, “DC Comics, which owns the rights to Batman and numerous trademarks related to the superhero, opposed the registration on dilution and likelihood of confusion grounds.”  The Trademark Trial and Appeal Board ruled on July 17, that the use of the name “Gotham Batmen” was likely to cause confusion with a number of different marks owned by DC Comics.

Administrative Judge Jyll Taylor provided a dissenting opinion, noting that DC Comics had failed to establish that “Batman” was a famous mark, having not proven the connection between DC and Warner Bros. Studies.  According to BloombergBNA, “[t]he majority had found “Batman” to be famous, largely because of the films.

Gotham City argued that its trademark constituted a parody.  Dunlap Codding Shareholder Emily Campbell was quoted as saying that “for a parody defense to succeed in trademark law, the parodist has to walk a “fine line” between resembling the parodied mark and making a point…. [A] poster of a pregnant woman wearing a Girl Scout uniform with the Scouts’ slogan “Be Prepared” written underneath qualified as an example of an outrageous joke that worked as a trademark parody.”  She explained that the “Batman” –  “bat men” softball joke was not nearly as obvious and therefore did not bode well for Gotham City’s chances that its mark was a parody and would not cause confusion.

Campbell also said that Judge Taylor’s concerns were valid, and the majority’s famous mark analysis could be an issue on appeal.  “The dissent is interesting because there does seem to be a hole in the evidence.  The majority filled in the blanks to come to the conclusion that we all recognize the Batman name, but I think to adhere to the law [the board needed to make a fuller analysis.]”

Dunlap Codding Receives a Beacon Award for Charitable Influence

Dunlap Codding was honored by The Journal Record, receiving a Beacon Award for Charitable Influence on July 17. The award recognizes organizations for demonstrating a company culture that encourages and supports volunteerism, charitable giving, and community involvement by its members.

Nearly all of Dunlap Codding’s team members dedicated their time and resources to charitable and community causes since 2013, when the firm began offering the use of DC on Film Row—an events and community space—to local creative, civic, and charitable organizations. In 2014 alone, the firm volunteered more than 1,000 hours and contributed $150,000 to hosting, supporting, and funding nearly 150 such events. 

Nicholas Rouse, the firm’s managing partner, said the firm started its civic and charitable work with the concept that “community doesn’t need a place, but it doesn’t hurt to have one.”  The Journal Record noted, “Dunlap Codding is redefining what it means to be actively engaged in the Oklahoma City community.”