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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 and Co-Practice Group Leader, Quoted in Law360

Jordan Sigale, Dunlap Codding Director and Co-Practice Group Leader, Quoted in Law360

On September 14, 2015, Erin Coe, quoted Jordan Sigale in an article entitled “6 Tips For Using An Expert Witness to Win An IP Trial.”  Coe wrote, “[P] icking the right expert witness who resonates with jurors can be a critical factor for bringing home a win.” 

Sigale said, “I look for expert witnesses who take a position and whatever they believe, they hold it to their core, which either works for my case and I hire them, or it doesn’t, and I either figure out a way to use that opinion or I don’t hire them,” he said. “If I only go with an expert that adopts the opinion I want to hear, opposing counsel is going to shake the crud out of the expert.”

Douglas J. Sorocco, Dunlap Codding Shareholder and Practice Group Leader, Quoted in Corporate Counsel Article

On October 13, 2015, Lisa Shuchman wrote an article for Corporate Counsel covering a 22-page legal opinion issued in September by the Trademark Trial and Appeal Board (TTAB) regarding the use of F**K.  The TTAB denied the appeal of a ruling denying trademark registration to an Italian apparel company for one of its marks: “F**K Project.

Doug Sorocco was quoted as saying, “Five to ten years ago, this would have been a slam dunk case,” says Douglas Sorocco, a partner at the Intellectual Property law firm Dunlap Codding. “The panel would have ruled unanimously that this mark was scandalous or immoral and could not be registered.”

Read more: http://www.corpcounsel.com/id=1202739728336/Trademark-Appeals-Board-Opinion-Has-People-Asking-What-the-FK#ixzz3oeYqhAhG

Emily E. Campbell, Dunlap Codding Shareholder and Practice Group Leader Quoted in LifeZette

LifeZette, recently quoted Emily Campbell in an article by Christian Toto on “The Politicization of Music.”

Toto wrote, “In recent years, as pop music became entrenched in our lives, candidates began choosing Billboard hits to boost their electoral chances. Emily Campbell, an attorney with Dunlap Codding, said in most situations the candidates in question backed down if they were challenged with legal action by the corresponding artists.

Politicians would stand on firmer ground if they didn’t play the songs in question repeatedly, and obtained the proper license in the first place, Campbell said. But campaign songs are like jingles, she said, and to work best they need to resonate and be remembered by potential voters. That demands repetition.”

Dunlap Codding Shareholder Emily E. Campbell Named an Oklahoma Rising Star 2015

OKLAHOMA CITY, OKLAHOMA—October 8, 2015— Dunlap Codding is pleased to announce that Emily E. Campbell has been named to the Oklahoma Rising Stars 2015 list for Intellectual Property as one of the top up-and-coming attorneys in Oklahoma. Campbell was previously listed as a Rising Star in 2010 and in 2013-2014.  Each year, no more than 2.5 percent of the lawyers in a state receive this honor. 

Campbell is a shareholder and practice group leader at Dunlap Codding, providing strategic counsel to clients on trademarks, copyrights, Internet law, and licensing.  She was recently named to the University of Oklahoma’s College of Engineering Industrial & Systems Engineering Advisory Board and the Oklahoma City Geological Society Board of Directors.  She received her J.D. from the Oklahoma City University School of Law and received her B.S. in Industrial Engineering from the University of Oklahoma.  Campbell is registered to practice before the United States Patent and Trademark Office.

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