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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!

Who we are.

Barb Yuill

Contact

PH: 405.607.8600 OKLAHOMA CITY 609 W. Sheridan Avenue
Oklahoma City, OK 73102

Barbara Krebs Yuill, Ph.D.

Attorney
patent trademark copyright trade secret law

Barbara Krebs Yuill, Ph.D., 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 2010, 2011 and 2012. Barb has prepared patent applications in the areas of nanoparticle manufacture, treatment and use; methods and compositions for removing planarization and etching residues during semiconductor device fabrication; chemical processing; metallurgical and ceramic materials and manufacture; oil field chemicals and drilling methods; environmental remediation technologies; and mechanical devices for the medical, veterinary and sporting goods industries. Prior to joining Dunlap Codding in 2007, Barb had her own intellectual property law practice. She was previously an associate at McAfee & Taft in Oklahoma City. Prior to becoming a patent attorney, Barb was employed by Atlantic Richfield (ARCO) as a research engineer where she was co-inventor of U.S. Patent No. 4,579,589 “Process For The Recovery Of Precious Metals From A Roaster Calcine Leach Residue”; U.S. Patent No. 4,752,332 “Treating Manganese Containing Ores With A Metal Sulfide”; U.S. Patent No. 4,740,243 “Metal Value Recovery From Metal Sulfide Containing Ores”; and Canadian Patent No. 1,258,181 “Process For Producing Enriched Mineral Ore Concentrates.” Barb continued her engineering career at Kerr-McGee where she prepared competitor technology assessments including cost and product quality position, and identification of high cost production areas, process alternatives and research and development opportunities in the areas of titanium dioxide pigment, borate compounds, lubricants and specialty greases.

In addition to traditional transactional IP work associated with the filing and prosecution of patent applications, Barb has been extensively involved in legal matters including:

  • Pre-Litigation and settlement of trademark infringement claims, foreign and domestic trademark oppositions, and drafting of co-existence agreements.
  • Patent non-infringement opinions and “design around” analyses.
  • Strategic analysis and recommendations regarding international patent and trademark protection

Dr. Yuill has authored numerous publications in the environmental engineering area including “Economic Study of Surfactant-Enhanced Pump-and-Treat Remediation,” Remediation of Soil and Groundwater Industrial Wastes, with J. H. Harwell, D. A. Sabatini, G. E. Quinton and S. H. Shoemaker, Proceedings of the Water Environment Federation 69th Annual Conference and Exposition, Dallas, TX, October 5-9, 1996; “Economic Considerations in Surfactant-Enhanced Pump-and-Treat Remediation,” Surfactant-Enhanced Subsurface Remediation, Emerging Technologies, with J. H. Harwell, D. A. Sabatini and R. C. Knox, ACS Symposium Series 594, 1995; and “Surfactant Enhanced Remediation of Residual Organic Contaminants,” Ph.D. dissertation, University of Oklahoma, 1995.

Copyright Law for Writers, September 2008 and September 2010, Norman Galaxy of Writers. How to Copyright Your Genealogical Data and Publish Your Family History Without Copyright Infringement, April 2008, Daughters of the American Revolution (DAR) Oklahoma Prairies Chapter.

  • American Bar Association, Intellectual Property Law Section, Special Committee for Nanotechnologies
  • Oklahoma Bar Association, Intellectual Property Law Section, Past President; previously Vice President, Secretary, and Treasurer
  • Oklahoma County Bar Association
  • Tau Beta Pi
  • Oklahoma City Traditional Music Association, Past Secretary and Director
  • Daughters of the American Revolution (DAR) Oklahoma Prairies Chapter, Past Parliamentarian and Director