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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!

DC Attorneys Draft Amicus Brief in Sequenom v. Ariosa Diagnostics before U.S. Supreme Court

DC Attorneys Draft Amicus Brief in Sequenom v. Ariosa Diagnostics before U.S. Supreme Court

Dunlap Codding’s own Jordan Sigale and Julie Langdon co-authored an amicus brief on behalf of the Federal Circuit Bar Association filed on April 20, 2016 in Sequenom v. Ariosa Diagnostics at the U.S. Supreme Court. The brief (prepared with Frank Angileri of Brooks Kushman PC) urges the high court to take the case for next term to refine the current framework for assessing the scope of patent eligible subject matter under 35 U.S.C. §101 in the context of Sequenom’s invalidated medical diagnostic patent claims. Read the petition here.

Dunlap Codding Litigator Joe Titterington Article on Forum Shopping Published in inside Counsel

Joseph P. Titterington has authored an article discussing the potential end of forum shopped, published in Inside Counsel on April 13.  Joe wrote, “Few things gladden the heart of a patent litigator more than to enter into a contingency fee agreement with a patent owner whose patent has been infringed by a Fortune 500 company that does business throughout the United States. This is especially true if at least a single act of infringement has occurred within the geographic boundaries of the Eastern District of Texas.” 

The article discusses a case pending before the U.S. Court of Appeals for the Federal Circuit which may level the playing field.

Michael Schade Returns to Dunlap Codding as Senior Counsel

OKLAHOMA CITY, OKLAHOMA—April 5, 2016—Dunlap Codding is pleased to announce that Michael A. Schade has returned to the firm as Senior Counsel and Biotechnology Practice Group Leader.  His practice includes all areas of intellectual property law including patent, trademark, copyright, technology, and e-commerce and assists clients with intellectual property matters requiring litigation, licensing, technology counseling and complex transactions.  Nicholas D. Rouse, Dunlap Codding’s Managing Shareholder, said, “We are delighted that Michael has chosen to rejoin us.  His skills and the experience he brings from his in-house position at the University of Oklahoma will enhance our ability to serve clients.” 

Prior to his return, Schade had served for several years as the Senior Director of Intellectual Property and Staff Attorney at the University of Oklahoma.  In that role, he was responsible for the oversight and management of the University’s patent portfolio in order to maximize the economic impact of such assets to increase revenue for the University and the State of Oklahoma.  He also provided substantive intellectual property input to the State of Oklahoma’s federal legislators regarding the impact of federal patent legislation. 

He is registered to practice before the United States Patent and Trademark Office. He particularly enjoys working with clients to complete the process of acquiring and/or commercializing intellectual property assets as well as portfolio management, licensing and transactional matters.

Schade’s scientific background has focused on all areas of biotechnology and life sciences (including molecular biology, cell biology, glycobiology, biochemistry, developmental biology, immunology, microbiology, virology, and genetics; pharmaceutical compositions; molecular diagnostics and techniques; medical devices and equipment) as well as chemistry and chemical engineering. He has significant experience in providing strategic and tactical intellectual property counsel to individual clients, universities, large pharmaceutical and manufacturing companies, and start-up biotechnology companies. 

He is currently an Adjunct Professor and Lecturer of Law at the University of Oklahoma College of Law. Schade received his J.D. degree and his B.S. in Biochemistry, magna cum laude, from that same institution. 

Dunlap Codding P.C., 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 state’s largest and most versatile IP boutique law firm.  

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