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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 as Super Lawyers And Rising Stars

Dunlap Codding Shareholders Selected For Inclusion as Super Lawyers And Rising Stars

OKLAHOMA CITY, OKLAHOMA—October 31, 2017—Dunlap Codding is pleased to announce that Marc A. Brockhaus, Emily E. CampbellNicholas D. Rouse, and Douglas J. Sorocco have been selected for inclusion in Oklahoma Super Lawyers and Rising Stars 2017.  Each year, no more than 5 percent of the lawyers in a state are selected as Super Lawyers, and only 2.5 percent of the lawyers in a state are selected as Rising Stars. Firm managing shareholder Nick Rouse said, “We’re pleased to have been selected for inclusion as Super Lawyers and Rising Stars.  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® 2018 for Patent Law and Trademark Law.  He was also named the Oklahoma City Lawyer of the Year – 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 been selected for inclusion as an Oklahoma Super Lawyer and a Rising Star in prior years as well. 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—selected as a Rising Star—is also listed in The Best Lawyers in America® 2018  in the field of Copyright Law and Trademark 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 previously selected by attorney peers for inclusion in Oklahoma Super Lawyers–Rising Stars Edition (2010 and 2013-2015). 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® 2018 in the fields of Patent Law, Trademark Law, and Technology Law, was also named the Oklahoma City Lawyer of the Year – Trademark Law. Nick 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 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 also listed in The Best Lawyers in America® 2018  in the field of Technology Law.  He practices in the areas of intellectual property, technology, licensing, life sciences, and patent law. 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.  I prior years, Doug was selected for inclusion as an Oklahoma Rising Star. 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.

Dunlap Codding Associate Elizabeth Isaac Named to the Board of Directors, Oklahoma County Bar Association Young Lawyers Division

OKLAHOMA CITY, OKLAHOMA – September 28, 2017 – Dunlap Codding is pleased to announce that Elizabeth Isaac has been named to the Board of Directors, Oklahoma County Bar Association Young Lawyers Division.  The Oklahoma County Bar Association (OCBA) was organized in 1902 and currently has 2,400 members.  The OCBA is devoted to improving the administration of justice and serving the professional community interest of its members.  The Young Lawyers Division organizes at least two service-oriented fundraising events a year, a Chili Cook-Off in the winter and a “Striking Out Hunger” bowling tournament in the summer. These events have benefitted the Regional Food Bank. 

Elizabeth is an intellectual property lawyer helping innovators, entrepreneurs, artists, and businesses protect their inventions, designs, brands, music, publications, and other creative works to enhance their business options. She assists businesses and individuals in navigating and mitigating the risks associated with the intellectual property rights of others to move the ball forward on their dream projects. She also helps negotiate deals between rights holders and third parties seeking to obtain permission to use protected inventions, brands, designs, and other creative works. 

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.