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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 Directors Named IP Stars – Managing Intellectual Property

Dunlap Codding Directors Named IP Stars – Managing Intellectual Property

OKLAHOMA CITY, OKLAHOMA—June 16, 2021—Dunlap Codding is pleased to announce that directors Marc A. Brockhaus, Nicholas D. Rouse, Jordan A. Sigale, and Douglas J. Sorocco have again been selected by Managing Intellectual Property as IP Stars. Brockhaus and Sorocco were selected as Patent Stars; Rouse and Sigale were selected as Trademark and Patent Stars. The publication lists the firm as “highly recommended,” its top ranking.

Managing Intellectual Property is “the leading specialist guide to IP firms and practitioners worldwide. Managing IP has been researching and ranking firms since 1996. This research has expanded over the years, with more than 80 jurisdictions now covered, making it the most comprehensive and authoritative analysis of the industry.” 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. 

Chambers USA Ranks Dunlap Codding in Band 1 for Intellectual Property 2021

OKLAHOMA CITY, OKLAHOMA—May 31, 2021—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 consistently 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 2021.

Chambers described the firm as a “[r]espected 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.

Chambers noted that a client enthuse[d], “I have never filed a patent application that did not become a patent, thanks in large part to their ability to help me develop a strong patent application, as well as their shepherding of the application through the process, including overcoming objections.”

Chambers said Marc Brockhaus “is phenomenal to work with and is a master at getting past office actions.”

Regarding Emily Campbell, Chambers observed she “has vast experience handling a wide variety of IP matters, including licensing issues and enforcement strategies.”

According to Chambers, “Nick Rouse remains a leading IP practitioner with significant expertise in mechanical engineering matters.” They quote a source as saying, “Our experience with Nick is very good and has been for many years. Nick is an excellent communicator and explains topics well.”

Finally, Chambers noted that Doug Sorocco “is respected for his IP practice, which includes patent prosecution and transactional matters.” A client is quoted as saying, “Doug is great at learning our business strategy and helping us develop an IP strategy to match.” 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 LAWYERS SELECTED FOR INCLUSION AS SUPER LAWYERS AND RISING STARS

OKLAHOMA CITY, OKLAHOMA—August 2020—Dunlap Codding is pleased to announce that directors Marc A. Brockhaus, Nicholas D. Rouse, and Douglas J. Sorocco have been selected for inclusion in Oklahoma Super Lawyers 2021 and Jordan Sigale has been selected for inclusion in Illinois Super Lawyers 2021.  Associates Elizabeth Isaac, Ann Robl, and Evan Talley were listed in Oklahoma Super Lawyers – Rising Stars 2021. Each year, no more than five percent of the lawyers in a state are selected as Super Lawyers, and only two and a half percent of the lawyers in a state are selected as Rising Stars. Firm managing shareholder Nick Rouse said, “Our mission continues to be to provide excellent service and value to our clients and to uphold the reputation of our industry. We’re honored to be selected for inclusion as Super Lawyers and Rising Stars. ”

Elizabeth Isaac leads Dunlap Codding’s Design group. Her practice includes patent preparation and prosecution, due diligence, trademarks, copyrights, and entertainment law, as well as multi-disciplinary portfolio management, licensing, transactional, and litigation matters. Elizabeth focuses on patents in the industrial design, mechanical, consumer products, medical devices, and computer-related arts. Elizabeth assists clients in diversifying and enforcing their intellectual property portfolios and mitigating the risks associated with the rights of others by negotiating deals and settlements. She also manages, enforces, and defends complex, global brand portfolios. Elizabeth received her J.D. from Oklahoma City University College of Law, summa cum laude, and her B.A., magna cum laude, from Austin College. Elizabeth currently serves on the Boards for the Intellectual Property Law Section of the Oklahoma Bar Association, the Oklahoma City University Alumni Association, the Oklahoma County Bar Association Young Lawyers Division, and deadCenter Film.

Ann Robl  focuses her practice on patent preparation, patent prosecution, patent post-grant proceedings, patentability analyses, prior art searching, opinion preparation, licensing, intellectual property agreement preparation and analysis, trademark protection, and intellectual property strategy and portfolio management. Her recent work includes development and implementation of patent post-grant proceeding strategies. Ann’s areas of technical experience include mechanical devices and systems, software-based and computer-based systems, optics, and data transmission and networks. She graduated with distinction from the University of Oklahoma College of Law and received a B.S. in Mechanical Engineering from Villanova University, where she graduated cum laude. Ann serves as the current President of the Intellectual Property Law Section of the Oklahoma Bar Association.

Evan Talley enforces and defends his clients’ interests in disputes concerning intellectual property rights (patent, trademark, trade dress, copyright, trade secrets, rights of publicity, unfair competition, deceptive trade practices, artists’ and moral rights, and breach of licensing agreements) and ranges from pre-litigation dispute resolution through trial and appeal. His recent litigation experience includes cases in state and federal district courts in Oklahoma, Illinois, California, Florida, Minnesota, New York, Texas, Pennsylvania, Washington, Oregon, and Ohio. He has participated in appeals before the United States Court of Appeals for the Federal, Sixth, and Tenth Circuits. Evan received his J.D. from the University of Oklahoma College of Law, with distinction, and received his B.B.A. with distinction from the University of Oklahoma College of Business.

Marc Brockhaus was also listed in The Best Lawyers in America® 2021 for Litigation – Intellectual Property, Patent Law, Trademark Law and Trade Secrets Laws and was selected as the “Lawyer of the Year – Oklahoma City,” for Trade Secrets 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 MBA from the University of Oklahoma , where he was inducted into Beta Gamma Sigma.  He received his B.S. in Electrical Engineering from the University of Oklahoma.

Nick Rouse, also listed in The Best Lawyers in America® 2021 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 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 with a B.S. in Petroleum Engineering and received his J.D. from the University of Oklahoma College of Law. He is a member of the Intellectual Property Law Section of the Oklahoma Bar Association and served as its president in 2007.

Jordan Sigale chairs the firm’s Litigation Practice Group and focuses on patent, copyright, trademark and trade secret litigation and alternative dispute resolution. He was also listed in The Best Lawyers in America® 2021 for Litigation – Intellectual Property. 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 1989and received his J.D. from the same institution’s College of Law, magna cum laude, in 1992.

Doug Sorocco is also listed in The Best Lawyers in America® 2021 in the fields of Litigation – Intellectual Property, Litigation – Patent, Patent Law and 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 among the top bands of Oklahoma’s top intellectual property practitioners by the highly regarded Chambers USA: America’s Leading Lawyers for Business.  In 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. Doug received his J.D. from the University of Dayton School of Law, attended Northwestern University School of Law as a Visiting Student, and received his B.S. in Chemistry from Butler University. 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.

Chambers USA Ranks Dunlap Codding in Band 1 for Intellectual Property 2020

OKLAHOMA CITY, OKLAHOMA—April 28, 2020—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 consistently 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 2020.

Chambers described the firm as a “[r]espected 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. Noted for its representation of universities and Fortune 500 companies.” Chambers additionally quoted sources regarding the strengths of the team:

  • “All the people in the firm are friendly and client-oriented.”
  • “Communication has been fluid and prompt, and we have felt well informed and that our interests are in very capable hands….Their strengths revolve around their mastery of the subject matter, their patience and thoroughness in gathering all facts, attitudes, opinions and corporate objectives, and incorporating those into their preparation of our defense.”
  • “They are very responsive and they do a consistently excellent job.”

Chambers said Marc Brockhaus “wins praise from peers and clients alike for his intellectual property practice. He handles contentious and transactional matters, with a noted specialty in electrical engineering matters.”

Regarding Emily Campbell, Chambers quoted a peer as saying, “[Emily] is very knowledgeable about trademarks and has a good reputation as one of the top trademark lawyers in the area.” Chambers also noted she has vast experience handling a wide variety of IP matters, including licensing issues and enforcement strategies.

According to Chambers, “Nick Rouse remains a leading IP practitioner with significant expertise in mechanical engineering matters.” They quote a source as saying, “He’s great: he’s very approachable, clients like his bedside manner and he does a good job of explaining the complexities.”

Finally, Chambers noted that Doug Sorocco “is respected for his IP practice, which includes patent prosecution and transactional matters.” They note that one client praises him as “very strategy minded,” and cite another as saying, “[h]is broad range of experience, combined with his technical curiosity, allows him to simultaneously focus in on the heart of the matter while also considering alternative embodiments, resulting in patent applications that are both efficiently drafted and well rounded.” 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.