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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 Shareholders Selected For Inclusion In The Best Lawyers In America® 2017

Dunlap Codding Shareholders Selected For Inclusion In The Best Lawyers In America® 2017

OKLAHOMA CITY, OKLAHOMA—August 16, 2016—Dunlap Codding is pleased to announce that Marc A. Brockhaus, Emily E. CampbellNicholas D. Rouse, and Douglas J. Sorocco have been selected by attorney peers for inclusion in The Best Lawyers in America®2017, the oldest and most respected peer–review publication in the legal profession.  Firm managing shareholder Nick Rouse said, “We’re once again gratified to be selected by our peer colleagues for inclusion 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® 2017 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 and has previously been selected for inclusion as an Oklahoma Super Lawyer and a Rising Star. 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. 

Emily Campbell is listed in The Best Lawyers in America® 2017  in the field of Copyright Law.  Emily is a shareholder and practice group leader at Dunlap Codding, providing strategic counsel to clients on trademarks, copyrights, Internet law, and licensing.  She was also selected by attorney peers for inclusion in Oklahoma Super Lawyers–Rising Stars Edition (2010, 2013-2016). Emily 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.  Emily is registered to practice before the United States Patent and Trademark Office. 

Nick Rouse, listed in The Best Lawyers in America® 2017 in the fields of Patent Law, Technology 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. He was also selected for inclusion in Oklahoma Super Lawyers 2016.  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® 2017  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 has served as an adjunct in the Physiology Department of 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, 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.

Dunlap Codding Shareholder Emily Campbell Quoted in Law.Com

Dunlap Codding Shareholder Emily Campbell was quoted in a Law.com article by Megan Spicer, published on July 29, 2016.  The article, “Copyright Counsel Eager for Clarity on Fair Use for Viral Videos,”  covered the fair use of viral videos, such as the cell phone video from the scene of the recent shooting in Dallas which claimed the lives of five police officers.  

As Spicer noted, there are no cases dealing with the monetization of viral videos that depict serious news.   Emily Campbell, who heads the trademark and copyright group at Dunlap Codding asked, “Will someone challenge these groups who are monetizing viral videos?”  She said that companies such as ViralHog [one of the startup companies that acquire video and capitalize on its popularity] are taking advantage of the uncertainty.

Emily Campbell Quoted in Inside Counsel

Dunlap Codding Shareholder Emily Campbell was quoted in Inside Counsel in an article by Amanda Ciccatelli published on July 26, 2016.  The article, “Melania Trump vs. Michelle Obama:  Does copyright law cover public speeches,” commented on the reports that “Melania Trump’s speech was very similar to the speech previously given by Michelle Obama at the Democratic National Convention in 2008.”  

Ciccatelli wrote, ” Does copyright law actually protect public speeches? The answer according to Campbell is yes.  Copyright law serves to protect various types of creative works, including speeches.”  

“The nuance here, though, is that copyrights protect works only when they are ‘fixed in a tangible medium,” [Campbell] explained.  “So what’s really protected by copyright is not the act of giving the speech but the video recording, sound recording, or antecedent written text of the speech.” 

Campbell also said, “Ultimately, the key questions to be answered are whether Melania Trump used enough of the speech to constitute infringement.”  She concluded by saying, “Be inspired by the works of others, but don’t copy them.  Don’t use the work of another—in whole or in part—without obtaining permission first.”