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!

What we do.

Patent Drafting & Prosecution


At Dunlap Codding, we represent individual inventors and large multinational manufacturing companies as well as companies of all sizes in between. Our work includes patent counseling, patent preparation and prosecution, patent portfolio management, validity and infringement opinions, evaluation of new designs, and licensing strategy. We are known for focusing on our clients’ business goals and providing holistic advice on how to build patent portfolios, developing intellectual property positions that take into account competitors’ intellectual property. We offer analysis, guidance and representation in the acquisition and licensing of technology. We are recognized for preparing patents that are licensed; we create patent platforms for our clients that are desired and sought after by commercialization partners. Our patent platforms function offensively and defensively to protect our clients’ interests.

  • Utility Patents
  • Design Patents
  • Plant Patents

At Dunlap Codding, our attorneys are experienced in the use of patent post-grant proceedings as a tool in our client patent strategy. Whether our client wants to defend a patent, invalidate a patent, or simply reach a satisfactory settlement, we focus on the client’s desired outcome and provide the right tools and advice for reaching that outcome. We understand how to defend and strengthen patent owner rights with patent post-grant proceedings as well as how patent post-grant proceedings can be used to invalidate patent claims.

Patent post-grant proceedings include:

  • Ex Parte Reexamination
  • Reissue
  • Inter Partes Review
  • Post Grant Review
  • Covered Business Method Patents Review
  • Derivations
  • Supplemental Examination.

In intellectual property arenas, early case assessment is often called strategic portfolio management or patent mapping and calibration with market forces. The key is the education and collaboration among all third parties and third-party information sources.

Our early case assessment practices are modeled after the DuPont Legal Model® for litigation. We conduct case assessments early and often. For intellectual property matters, the case assessments are tied specifically to market forces and opportunities. We make an informed assessment—in conjunction with audits—as to the strengths, weaknesses, and other factors which might lead to the abandonment of intellectual property assets. We assess by asking not, “can this be done,” but, “why are these assets being maintained….what value does this bring…how can we get this to the bedside or market?”

Our case assessment model uses standardized processes and procedures leveraged against factual and legal input. We incorporate third-party stakeholder input. Our approach evaluates and integrates the needs of those third-party stakeholders into the prosecution framework. The input may be active—for example, licensee approval, inventor analysis, business unit input—or it may be passive, for example, competitive intelligence information, market knowledge, etc.

Early case assessment provides cost-effective solutions for creating wealth—through licensing, partnering and/or capital development. It avoids adverse entanglements. Most importantly, early case assessment oftentimes results in an increase in the prestige of the intellectual property portfolio, thereby increasing negotiating power and freedom to operate.


Dunlap Codding represents a substantial number of sophisticated client companies on both coasts and overseas. Our reputation continues to grow, and we have been gratified to be recognized by our clients and third-party sources for the quality and consistency of our patent prosecution.

Over the past 50 years, Dunlap Codding has obtained more patents, trademarks and copyrights than any other firm in our region. In the past 5 years, our firm has obtained nearly 1,000 issued patents for our clients. Currently, we are the largest intellectual property boutique law firm situated in the geographic area found in a swath extending from Houston to Kansas City and from Kansas City to Denver. Our clients have on more than one occasion referred to our abilities as providing the technical acumen and vigor of a start-up enterprise with the business savvy of a legacy company. Most importantly, every member of the firm enjoys the practice of intellectual property law.

Throughout the past 12 years, our firm has consistently been listed in the top 200 Patent Firms by Intellectual Property Today magazine based on the number of our patents that are issued annually. We represent some of the most fruitful U.S. inventors, including the most prolific living U.S. inventor, who holds the second most issued patents—second only to Thomas Edison.

It is the quality of the patent, however, that creates value for the client. Dunlap Codding is proud to have been ranked #2 in the United States by Patent Ratings LLC for the Quality and Value of Mechanical Patents obtained for our clients. Our capabilities extend far beyond mechanical arts—we represent clients in the following industries and sectors:

  • Academic Research & Medical Centers
  • Biotechnology
  • Chemicals
  • Life Sciences
  • Pharmaceuticals
  • E-Commerce
  • Entertainment, Media, and Sports
  • Financial & Business Services
  • Consumer Products
  • Manufacturing
  • Medical Devices
  • Nanotechnology
  • Computers
  • Electronics
  • Optics
  • Semiconductors
  • Software