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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.

Trademark Acquisition and Protection

PRACTICE GROUP CONTACT: EMILY E. CAMPBELL

During the course of an average day, a consumer is exposed to thousands of brands. Generic and brand name products are thrown together in a sea of endless goods and services. In this environment, strong marks and brands are necessary to ensure you stand out and develop a competitive advantage. We partner with clients to help them get to the ultimate yes—a steady stream of sales—by thinking smarter.

Through a creative partnership, we help determine which trademarks, slogans, logos and designs to protect, and together design a strategy that avoids unnecessarily depleting your budget. We understand the interplay of creativity and reputation inherent in all copyright and trademark issues, and we work with you to determine what to protect, when to protect it, and ultimately, why. Our holistic approach brings the legal mind to the creative process, aligns the legal priorities with the business priorities, and helps you move from Mess to Yes™.

We help our clients brand and protect their reputations—both online and in the “real world”—through the use of trademark, copyright and right of publicity activities. Especially with respect to trademark protection, we counsel our clients to focus early on marks and brands that are lasting, that are memorable and that clearly define their position within the market. We have a communications and marketing professional on staff who works with our clients to navigate both the creative and legal challenges of brand identity and protection—another example of our integrated team approach.

TRADEMARK SERVICES

Our trademark and branding work for clients includes training, guidance and collaborative counseling on the selection and registration of the strongest possible marks, clearance searches and infringement analysis, and the creation of proactive strategies to protect existing marks.  We conduct global trademark audits to review, manage and fully exploit the value of existing and potential trademarks.  We manage international and U.S. trademark portfolios and prepare internal guidelines, branding manuals (and education materials) and style sheets regarding creating and correctly using trademarks.  

Dunlap Codding’s Trademark and Copyright Practice Group litigated one of the first trademark infringement cases involving the issues of genericism and the scope of trademark protection afforded to generic product configurations and trade dress.

Our recent work has included conducting global audit for the market leader in aerial photography and in another the negotiation and acquisition of several domain names on behalf of a national insurance company.  We recently represented a client in a groundbreaking Freedom of Information Act (FOIA) proceeding of first impression calling into question certain of the company’s trade secrets, copyrighted images, and copyrighted software used in its business.

  • Collaborative Counseling on Selection and Registration of Trademarks
  • Trademark Availability Searches
  • Trademark Clearance Searches and Infringement Analysis (U.S. and International)
  • State, Federal and International Trademark Registration
  • Trademark Maintenance and Portfolio Management
  • Licensing and Assignment Agreements
  • Trademark Oppositions and Cancellations
  • Monitoring, Management, and Protection of International and U.S. Trademark Portfolios
  • Global Trademark Audits and Opinions
  • Creating Proactive Strategies to Protect Existing Marks from Trademark Infringers
  • Defending against Infringement Claims Protection From Cybersquatting
  • Cease and Desist Counseling and Settlement Negotiation Practice
  • Litigation in State and Federal Courts
  • Opposition and Cancellation Proceedings at the U.S. Trademark Office
  • Education, Presentations and Guidance on Essential Trademark Concepts
  • Internal Guidelines and Branding Manuals
  • Style Sheets Regarding the Creation and Proper Use of Trademarks
  • Advertising and Promotion Clearance
  • Slogans, Company and Product Names—Word Marks
  • Trade Dress
  • Product Designs—Configuration Trademarks
  • Logos—Design Marks
  • Non-Traditional Trademarks (Sounds, Colors, Product Packaging, Scents, Shapes)