CLICK TO EXPAND

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.

TAGS:

CLICK TO EXPAND

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.

Chic Krukiel

Contact

PH: 405.607.8600 WASHINGTON D.C. 1025 Connecticut Ave NW
Washington, DC 20036

Charles “Chic” Krukiel

Attorney–Of Counsel
Intellectual Property Technology Licensing Patent Law

Charles “Chic” Krukiel practices in the areas of intellectual property, technology licensing, and patent law and is involved in counseling and transactional work in all aspects of United States and foreign intellectual property. He is registered to practice before the United States Patent and Trademark Office. Chic has counseled clients in all aspects of United States and foreign intellectual property matters, including acquisition and commercialization of intellectual property; portfolio management; and licensing and transactional matters. He primarily focuses his practice in the chemical and mechanical arts. Chic has negotiated complex technology licensing arrangements, and was a key participant in negotiating the separation of the INVISTA business technologies and patent estate from DuPont in 2004. Prior to joining Dunlap Codding, Chic was Assistant General Counsel and Chief IP Counsel for INVISTA S.a r.l., the world’s largest integrated fiber, resin and intermediates company that serves the apparel, interiors, intermediates, performance fibers, and polymers and resins industries in more than 30 countries. He began his technical career with DuPont as a mechanical engineer, and has been a practicing patent attorney since 1974. During his career with DuPont, Chic’s patent work covered technical fields relating to agricultural chemistry, pharmaceuticals, polymer and resin process chemistries, and electronic products. He has also participated in national and international seminars relating to protection of intellectual property and licensing.

Chic was a key participant in negotiating the separation of INVISTA technical information and corresponding patent estate from DuPont in 2004, which touched on no less than 13 of DuPont’s operating business units needing access at some level to technologies and patents common to both entities. More recently, Chic has handled licensing and related transactions for clients desiring to do business in a variety of non-U.S. countries, e.g., Vietnam, Belize, Canada, and Latvia.

Chic has focused his attention on a variety of recent patent filings relating to: an improved laryngoscope & bougie for use in emergency trauma situations; a residential & commercial water leak detection system; various microcircuit materials applications; titanium dioxide process improvements; an improved highway marker with photocell; and improved illumination assemblies for medical applications, among others.   

  • Association of Corporate Patent Counsel
  • Intellectual Property Owners Association