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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!

What we do.

Licensing and Transactions

PRACTICE GROUP CONTACT: MICHAEL A. SCHADE

Dunlap Codding has advised and represented clients in licensing negotiations and transactional matters since the firm’s founding in 1957. We believe that the foundation for licensing success rests in an approach that combines mutual respect with an unwavering focus on the results to be achieved. Since our ranks include a former Assistant General Counsel who also served as Chief Patent Counsel, we offer clients an in-house perspective on acquiring, managing, and commercializing a business-driven intellectual property portfolio. Another of our attorneys served for several years as the Senior Director of Intellectual Property and Staff Attorney at the University of Oklahoma, responsible for the oversight and management of the University’s patent portfolio in order to maximize the economic impact of those assets.

LICENSING

At Dunlap Codding, our licensing attorneys have the technical knowledge, business experience, and legal acumen necessary to understand our clients’ businesses and help them maximize their flexibility and minimize their risks in licensing transactions. We help structure, draft, negotiate, and implement licenses taking into account the business, patent, and regulatory environments surrounding the transaction. Working with us, our clients understand all their rights and obligations with regard to licenses. We are advocates for our clients in adversarial and collaborative settings, helping them achieve the best possible outcomes. To maintain their skills in this field, lawyers of the firm are members of and have been leaders of the prestigious Licensing Executive Society International (LESI) from its inception. Additionally, one of our lawyers is a Certified Licensing Professional (CLP).

  • Intellectual property licensing, including licensing for research-based institutions
  • Cross licensing, including as a resolution of patent and other disputes
  • Joint development agreements among international corporations
  • Inter-institutional agreements
  • Strategic negotiation of licenses to maximize asset value and commercialization
  • License agreement drafting
  • Term sheet drafting
  • Option agreements
  • Licensing in connection with acquisition and divestiture of business operations
  • Licensing of Standard Essential Patents (SEP)
COPYRIGHT LICENSING

The ability to transfer rights to a copyright-protected work is a key benefit of copyright ownership. Whether our clients are contemplating a transfer of all or only a limited portion of the rights to a work protected by a copyright, our attorneys are adept at helping them reap the benefits of their work.

  • Copyright-protected asset licensing
  • Open source (GNU and Creative Commons-based licensing)
  • Software, derivative works, and ownership issues
  • Publishing agreements
  • Work-Made-For-Hire agreements
  • Outsourcing agreements
  • Publicity and image release agreements
  • Ownership agreements
  • Assignments
  • Licensing in connection with acquisition and divestiture of business operations
  • Complex license agreement negotiations
TRANSACTIONS

Our attorneys have first-hand experience in the acquisition and divestiture of numerous businesses having U.S. and global assets that have included transferring corresponding U.S. and non-U.S. patent, trademark, and technology portfolios with negotiated grant-back, non-assert, confidentiality, patent/TM maintenance, and other related contractual obligations and restrictions. All of these transactions had unique levels of regional and global complexity with potential downstream implications that had to be taken into account to effectively meet business needs.

We advise and counsel clients on all types of agreements related to the successful operation of their businesses:

  • Acquisition or divestiture of assets
  • Distribution and marketing
  • Intellectual property and software licensing
  • Joint ventures and strategic partnerships
  • Joint development agreements
  • Consulting arrangements
  • Manufacturing agreements
  • Operating agreements
  • Settlement negotiations and agreements
  • Supply agreements
  • Business valuations and valuing intellectual property in bankruptcies
TRADEMARK LICENSING

Trademark Licensing plays a key role in protecting a brand. Without a proper license, third-party trademark usage can jeopardize rights in a mark. Our attorneys are skilled at preparing, negotiating, and managing trademark license agreements. We assist clients with:

  • Merchandising
  • Brand extension
  • Co-branding
  • Component or ingredient branding
INTELLECTUAL PROPERTY ISSUES RELATED TO FEDERAL CONTRACTING

Dunlap Codding’s attorneys are adept at managing the particular issues and nuances associated with federal contracting.
We assist clients with:

  • Reviewing and negotiating prime contracts and subcontracts
  • Conforming with federal acquisition rules (FARS)
  • Navigating agency specific contract requirements (DFARS)
  • Contracting and operating under the terms of the Bayh-Dole Act and its regulations