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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!

Six Dunlap Codding Attorneys Selected for Inclusion in The Best Lawyers in America® 2020

Six Dunlap Codding Attorneys Selected for Inclusion in The Best Lawyers in America® 2020

OKLAHOMA CITY, OKLAHOMA—August 15, 2019—Dunlap Codding is pleased to announce that Marc A. Brockhaus, Emily E. Campbell, Nicholas D. Rouse, Jordan A. Sigale, Douglas J. Sorocco, and Barbara Krebs Yuill have been selected by attorney peers for inclusion in The Best Lawyers in America® 2020, the oldest and most respected peer-review publication in the legal profession. Firm managing shareholder Nick Rouse said, “We are gratified to be in the company of other fine lawyers in the publication. Our mission continues to be to help our clients create and protect robust and strategic intellectual property portfolios, and we are pleased to be recognized for our work.” 

Dunlap Codding attorneys were recognized in seven intellectual property-related areas of law: Copyright Law, Litigation – Intellectual Property, Litigation – Patent, Patent Law, Technology Law, Trade Secrets Law, and Trademark Law.  

Marc Brockhaus was recognized for four areas: Litigation – Intellectual Property, Patent Law, Trademark Law and Trade Secrets Laws. 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. Mark is ranked in the top band of Oklahoma’s intellectual property practitioners by the highly regarded  Chambers USA: America’s Leading Lawyers for Business and is also listed in Super Lawyers 2019 – Oklahoma. Marc has served as an adjunct faculty member at the University of Oklahoma College of Law and received his J.D. and his Master 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 was recognized for Copyright Law and Trademark Law. Emily provides strategic counsel to clients on trademarks, copyrights, Internet law, and licensing. She is ranked in Chambers USA: America’s Leading Lawyers for Business for Intellectual Property Law. Attorney peers also selected her for inclusion in  Oklahoma Super Lawyers–Rising Stars Edition (2010, 2013-2016). Emily serves on the University of Oklahoma’s College of Engineering Industrial & Systems Engineering Advisory Board and the Oklahoma City Geological Society’s 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.  

The publication recognized Nick Rouse for Patent Law, Technology Law, and 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 Businessranked Nick in the top band of leading practitioners, and he continues to be ranked in the top band. He is also listed in Super Lawyers 2019 – Oklahoma. Nick provides a broad range of intellectual property counseling to clients ranging from individual inventors to large multinational manufacturing companies. 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.  

Jordan Sigale was recognized for Litigation – Intellectual Property. He is also listed in Super Lawyers 2019 – Illinois. Jordan chairs the firm’s Litigation Practice Group and focuses on patent, copyright, trademark and trade secret litigation and alternative dispute resolution. His work extends to client counseling on issues of corporate and strategic planning involving copyrights, patents, trademarks, and trade secrets. He is extensively involved in patent prosecution for a variety of clients with specific focus on the interface between computers and end-users in an array of situations and transactions. Jordan received his B.S. from the University of Illinois College of Electrical and Computer Engineering in 1989 and received his J.D. from the same institution’s College of Law, magna cum laude, in 1992.  

Doug Sorocco was recognized for Litigation – Patent, Patent Law and 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, 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 and is also listed in Super Lawyers 2019 – Oklahoma. 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. Doug received his J.D. from the University of Dayton and his B.S. in Chemistry from Butler University.  

Barbara Krebs Yuill, Ph.D., was recognized for her work in Trademark Law. Barb practices in the areas of patent, trademark, copyright, and trade secret law. She counsels clients in all aspects of intellectual property, focusing on patent drafting and prosecution, patent infringement and validity opinions, and license preparation and negotiation. Barb was selected by attorney peers for inclusion in Oklahoma Super Lawyers–Rising Stars Edition in 2010, 2011 and 2012. She received her J.D., cum laude, from Oklahoma City University where she was the staff editor for the Oklahoma City University Law Review. She received her Ph.D. in Chemical Engineering from the University of Oklahoma, her M.S. in Metallurgy from the University of Arizona, and her B.S. from the same institution, with distinction, in Metallurgical Engineering.  

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.”