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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.

Doug Sorocco

Contact

PH: 405-607-8600 OKLAHOMA CITY 609 W. Sheridan Avenue
Oklahoma City, OK 73102

Douglas J. Sorocco

Attorney–Director
patent trademark copyright technology e-commerce licensing

I help creators, makers, artists & innovators.

Protect and defend their art, inventions, and ideas.

So they can profit from their creativity and power our economy, community, and future.

Douglas J. Sorocco practices in all areas of intellectual property law including patent, trademark, copyright, technology, and e-commerce and assists clients with intellectual property matters requiring litigation, licensing, technology counseling and complex transactions.

Doug is registered to practice before the United States Patent and Trademark Office. He particularly enjoys working with clients to complete the process of acquiring and/or commercializing intellectual property assets as well as portfolio management, licensing and transactional matters. Doug is ranked in Band 1 (the top band) for intellectual property law by the highly regarded Chambers USA: America’s Leading Lawyers for Business 2018, and he was selected for inclusion in The Best Lawyers in America® 2019 for Patent Law and Technology Law. Managing Intellectual Property continues in 2018 to rank Doug as an IP Star. Doug was selected for inclusion in Oklahoma Super Lawyers 2017 was also selected by attorney peers for inclusion in Oklahoma Super Lawyers–Rising Stars Edition (2010).

Doug’s scientific background has focused on all areas of biotechnology and life sciences (including molecular biology, cell biology, glycobiology, biochemistry, developmental biology, immunology, microbiology, virology, and genetics; pharmaceutical compositions; molecular diagnostics and techniques; medical devices and equipment) as well as chemistry and chemical engineering. Doug has significant experience in providing strategic and tactical intellectual property counsel to individual clients, universities, large pharmaceutical and manufacturing companies, and start-up biotechnology companies.

He is currently an adjunct faculty member at the Oklahoma City University School of Law and has served as an adjunct in the Physiology Department of the University of Oklahoma’s Health Sciences Center. Prior to joining Dunlap Codding in 1996, Doug was a creative thinker and strategic legal savant with Dick & Harris, a Chicago intellectual property boutique law firm.
Doug is incredibly honored to have been named one of 15 Minority Rainmakers of the Year in 2014 by the Minority Corporate Counsel Association. In 2016, he received the George Lewis Advocacy Award from the Oklahoma City Mayor’s Committee on Disability Concerns.

Doug is also humbled and appreciative of his selection as Time Magazine’s 2006 Person of the Year.

  • 9,110,080 – Epitope Testing Using Soluble HLA
  • 9,090,881 – Method for Continuous Growth of Phytoplankton
  • 9,072,901 – Cardiac Neuromodulation & Methods of Using Same
  • 9,040,761 – Co-Processing of Biomass & Synthetic Polymer Materials in a Pyrolysis Process
  • 8,980,354 – Frozen Confectionery Product & Method of Manufacture
  • 8,980,608 – High Molecular Weight Heparosan Polymers
  • 8,945,228 – Endplate for a Vertebral Implant
  • 8,971,624 – System & Process for Color-Balancing a Series of Oblique Images
  • D724,757 – Exterior Building Design
  • State of Oklahoma
  • State of Illinois
  • United States Patent and Trademark Office
  • United States District Court for the Western District of Oklahoma
  • United States District Court for the Northern District of Illinois
  • United States Court of Appeals for the Federal Circuit
  • University of Dayton School of Law, J.D., 1996
  • Northwestern University School of Law, Visiting Student 1995-96
  • Butler University, B.S., 1993, Chemistry

Doug is ranked in the top band for the practice of Intellectual Property in Oklahoma by the prestigious Chambers USA: America’s Leading Lawyers for Business 2018 and has been ranked since 2010. He was selected by attorney peers for inclusion in The Best Lawyers in America®2019 for Patent Law and Technology Law. In 2018, Managing Intellectual Property magazine again ranked him as an IP Star. In 2016, he was one of only 30 Intellectual Property lawyers in the country to be chosen as a BTI Client Service All Star. He was also selected for inclusion in Oklahoma Super Lawyers 2017 and in Oklahoma Super Lawyers Rising Star Edition 2008.

Doug is incredibly honored to have been named one of 15 Minority Rainmakers of the Year in 2014 by the Minority Corporate Counsel Association. In 2016, he received the George Lewis Advocacy Award from the Oklahoma City Mayor’s Committee on Disability Concerns. In 2018, the Plaza District Association honored him as the recipient of the 2018 Urban Pioneer Award. The award is given annually to individuals in the Oklahoma City community who “exemplify Oklahoma’s pioneering spirit with their leadership and commitment to urban revitalization.”

In 2008, he was a recipient of the “Leadership in Law Award” given by The Journal Record and the Oklahoma Bar Association. Additionally, Doug is a member of Class V of The Journal Record’s 2008 “Achievers Under 40.” Doug was named as an inaugural member of the Butler University “50 Under 50″ in 2004.

  • Fall 2013—”Intellectual Property for Start Ups,” Oklahoma City VentureSpur
  • Summer 2010—”U.S. Patent Office Rule 56: Duty of Disclosure, Implications, & Inequitable Conduct”
  • January 2010—17th Annual Marketing Partner Forum, “Evolving Partner Roles in Client Services, Business Development, and Sales”
  • Spring 2009—Various locations—”Effect of In re Bilski on Biotechnology and Diagnostic Patent Claiming”
  • Summer 2008—Various locations—”U.S. & Int’l Patent Prosecution Changes in 2008.”
  • April 2008—Dunes CLE—“Patent Drafting & Prosecution.”
  • February 2007—American Conference Institute’s “Corporate Patent Congress 2007.”
  • August 2006—Dunes CLE— “Current Issues in Patent Law.”

Doug is the editor and an author of Dunlap Codding’s award winning and innovative intellectual property legal blog and resource center, PHOSITA, which was discussed in the book Naked Conversations: How Blogs are Changing the Way Businesses Talk With Customers, by Robert Scoble and Shel Israel (available at Amazon).
He coauthored IP Memes, an intellectual property newsletter, with J. Matthew Buchanan and Stephen Nipper of the law firm, Buchanan Nipper. Matt, Stephen and Doug also created and authored rethinkIPa blog focused on examining the intersection of intellectual property law and client service.

Doug served on the Board of Directors of the Spina Bifida Association of America for 12 years and was honored to lead the organization as its Chairman from 2004-2007. He has also served on the international Board of Directors for the Brussels based NGO International Federation for Spina Bifida and Hydrocephalus as well as locally on the Board of Big Brothers Big Sisters of Oklahoma City. He was also the Oklahoma Chairman of the Licensing Executives Society.

Currently, Doug serves on the Boards of Directors for:

  • Photography
  • Woodworking
  • Restoration and renovation of historical homes