Phosita IP Blog


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.



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

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

OKLAHOMA CITY, OKLAHOMA—May 30, 2017—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 2017. 

Chambers described the firm as a “Respected boutique with a global clientele, partnering with companies of all sizes to provide long-term strategic and holistic IP portfolio management. Particularly noted for its high level of patent prosecution activity and representation of clients seeking to protect IP assets in the healthcare, life sciences, engineering and entertainment sectors. Also active on licensing, trade secrets and rights of publicity issues. Sources report not only that ‘the team is good at achieving the desired results for the client,’ but also that it does so on a dependably consistent basis, one client stating: ‘Factors that influence our decision to engage Dunlap Codding include the long duration of the relationship, with a well-established history of positive results.’ Referees also cite the team’s ‘many years of experience in the IP sphere,’ characterizing it further as ‘very client-focused, practical and responsive.'” 

According to Chambers, “Managing Director Nicholas Rouse takes the lead on mechanical engineering issues….He is described by one client as an attorney who is ‘well versed in the types of products invented at our company and extremely practical in his approach‘ and whose services are ‘in high demand.'”  

Chambers noted that “Sources ‘think very highly‘ of Marc Brockhaus, the team’s head of electrical engineering and systems matters. Active on advisory, transactional and contentious issues, he is especially knowledgeable where computer-related and other technological issues are concerned and also heads the team advising…on the maintenance of… worldwide trademark portfolio[s].”  

Chambers wrote, “Douglas Sorocco heads the practice, exercising a ‘very professional, cordial and cooperative‘ supervision of several of its key mandates, including the management of a wide range of patent and trademark issue….He offers particularly extensive expertise in the life sciences and wider technology spheres.” 

Finally, describing Emily Campbell, Chambers said, “[Emily] lately headed the team advising…on a variety of trademark-related matters and the acquisition of domain names owned by third parties. She leads the practice’s trademark, copyright and e-commerce group and is praised by sources for her practicality and close focus on client requirements.” 

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.

Dunlap Codding Attorney Elizabeth Isaac Named a 2017 Achiever Under 40

OKLAHOMA CITY, OKLAHOMA—March 24, 2017—Dunlap Codding is pleased to announce that Elizabeth E. Isaac has been honored by The Journal Record as a 2017 Achiever Under 40 recipient. This year, the 39 honorees were selected from a group of 139 nominees from Oklahoma. The  2017 honorees will be honored at a luncheon on May 18 in Oklahoma City. Nick Rouse, Managing Director and Shareholder at Dunlap Codding, said, “We agree with the sentiments of The Journal Record. It’s important to recognize the already significant contributions of this select group of future leaders while looking forward to their future successes. We are proud of Elizabeth and congratulate her for being in such good company.” 

Elizabeth’s practice focuses on patent, design, trademark, and copyright law. After graduation from law school, Elizabeth returned to school to obtain additional education in the field of biological sciences, enabling her to sit for (and pass) the United States Patent and Trademark Office bar exam. She did so while working full time and serving as the inaugural Board Chair of IgniteOKC. In addition to serving as Event Chair, Elizabeth has spent countless hours rebuilding what was initially a small group of volunteers hosting a one-night event into a fully formed non-profit organization.  Under her leadership, IgniteOKC formally organized around a board and committee chair structure to ensure that the organization’s now numerous public community events became self-sustaining. Ignite OKC connects people of diverse backgrounds in support of collaboration, creativity, innovation, and leadership in Oklahoma City.

 In addition to her service to IgniteOKC, Elizabeth spearheaded Dunlap Codding’s participation in PARK(ing) Day by managing a team of volunteers who designed and implemented a hands-on, mini science fair on Sheridan Avenue—interacting with and engaging children across the socioeconomic spectrum.  Elizabeth works with the Oklahoma Film + Music Office to provide resources and growth opportunities for local artists. In addition, Elizabeth is a recent graduate of LOYAL Class X11 of Leadership Oklahoma City (during which she served the needs of Heartline Oklahoma, an organization operating a Suicide Prevention Lifeline); the first grade Sunday School teacher at St. Thomas Orthodox Church; the Vice Chair of Membership for Catalyst, a young professionals Board committed to supporting the local cultural community through Allied Arts; an active member of the women’s group, Lean In; and a regular volunteer at the Exchange (formerly Premier) on Film Row. 

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.