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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.

Elizabeth Isaac

Contact

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

Elizabeth E. Isaac

Attorney
patent preparation and prosecution copyrights Internet law licensing trademarks

Elizabeth Isaac helps businesses, innovators, entrepreneurs, and artists assess and protect their inventions, brands, designs, and creative works to leverage their intellectual property portfolios and enhance their business options. She counsels clients regarding a breadth of intellectual property with an emphasis on creatively and strategically identifying wholistic and dynamic ways to improve the value of various creative and technological assets.

Elizabeth’s practice includes all areas of intellectual property, patent preparation and prosecution, due diligence, trademarks, copyrights, entertainment law, and Internet law as well as licensing, transactional, and litigation matters. Her patent work includes patent drafting and prosecution for clients in a variety of industries such as medical devices, industrial products and systems, food and beverage industry products and systems, consumer products and methods of manufacturing, product packaging, cable analytics, and energy. In addition to patent prosecution, Elizabeth analyses the proprietary technology of target companies and conducts freedom to operate and state of the art analysis.

Her trademark work encompasses brand portfolio management, clearance, prosecution, issuing and responding to cease and desist letters, and the negotiation of trademark settlement agreements. Her design and copyright work includes creative works portfolio management, design patent and copyright preparation and prosecution, as well as validity and ownership analysis.

In addition to helping diversify the intellectual property portfolios of clients, Elizabeth assists businesses and individuals in navigating and mitigating the risks associated with the intellectual property rights of others. She negotiates deals between rights holders and third parties seeking to obtain permission to use protected inventions, brands, designs, music, and film.

Her transactional practice extends to drafting licensing, services, subscription, terms of use, development, and publishing agreements—touching all forms of intellectual property.

Elizabeth was recently tapped to serve on the 2018 Board of Directors for deadCenter Film. The deadCenter Film Festival is located in the exact center of the United States and showcases independent local filmmakers as well as international luminaries. In 2017, she was named one of The Journal Record’s “Achievers Under 40.”

Prior to working at Dunlap Codding, Elizabeth clerked for Justice Bill Meier at the Second Court of Appeals of Texas in Fort Worth and served as a research assistant for Dean Laurie Jones at the Oklahoma City University School of Law. She served as a Youth Service Corps Coordinator at the Ghost Ranch Conference Center in Abiquiu, New Mexico, and as a Felony Prosecutor Assistant and Public Relations Intern at the District Attorney’s Office in Palestine, Texas. Elizabeth received her B.A. degree, magna cum laude, from Austin College in Sherman, Texas in Communication with a Media Focus. Prior to graduation, she was a Lilly Endowment Intern at Revolution Health Group in Washington, D.C., and worked as a Nightly News Intern for KXII-TV 12 in Sherman, Texas.

  • Conducted and prepared a due diligence search and opinion concerning all forms of intellectual property (e.g., patents, inventor disclosures, trademarks, domain names) owned by or assigned to a target entity in a multi-million dollar purchase agreement and advised business counsel regarding the intellectual property provisions of the same
  • Managed the worldwide patent and trademark asset transfer associated with business merger and reorganization
  • Managed the intellectual property and trademarks associated with the rebranding of a worldwide alternative health training program
  • Prepared certification training materials containing extensive intellectual property provisions
  • Determined copyright protection in an architectural work and assessed the risk of copyright infringement associated with building a luxury residence
  • Advised a 3D printing service company as to the risks associated with patent, trademark, and copyright infringement and prepared agreements to mitigate the financial liability associated with the same
  • Prepared agreements for a 3D printing service company regarding use and intellectual property associated with models provided by users
  • Advised the operator of multiple fan conventions and festivals as to strategies for mitigating copyright and trademark infringement of rights held by owners’ of popular works and prepared agreements between the operator and exhibitors
  • Prepared operating agreements for an independent film production company seeking investments for five different films with budgets ranging between $500,000 and $2,000,000
  • Reviewed, analyzed and prepared a signatory for a film production company entering a collective bargaining agreement with the Writers Guild of America
  • Secured copyright protection in sound recordings and removed infringing works online
  • Prepared international design patent applications through the Hague Convention for protecting multiple designs associated with new health industry product lines
  • Prepared utility patent applications for medical devices, food industry devices, and consumer devices
  • Prepared opinion letter to determine whether a consumer product design was protected by trade dress and assess the risk associated with trade dress infringement of the product configuration
  • Drafted a prototype developer agreement where designer and developer owned the intellectual property
  • Drafted, reviewed, and help negotiate publishing agreements
  • Oklahoma
  • Registered to practice before the United States Patent and Trademark Office
  • Oklahoma City University School of Law, J.D., summa cum laude
  • Austin College, B.A., magna cum laude, Life Sciences and Communications, double major

Professional, Community, and Civic

  • Named to the okc.BIZ list of Forty Under 40 2016
  • Journal Record, Achievers Under 40
  • Oklahoma County Bar Association Young Lawyers Division Board of Directors

Oklahoma City University College of Law

  • Dean’s Scholar
  • CALI Awards:  Copyright Law, Corporations, Litigation Sequence I, Advanced Legal Research, Constitutional Law II, Criminal Procedure, Art & Cultural Heritage Law
  • Moot Court Society, Appellate Advocacy Judge, 2012 – 2013
  • Faculty Honor Roll and Dean’s List
  • Law Review, Member 2011-2013
  • Holloway Inn of Court, Member 2012-2013
  • ABA Appellate Advocacy, Brief Writer 2012
  • Phi Delta Phi Honorary Society
  • Student Bar Association
  • Merit Scholars, Vice President 2013, Secretary 2012
  • Intellectual Property Student Association, Secretary 2013

Austin College

  • Cain Foundation Scholarship
  • Alpha Chi Honor Society
  • Texas Collegiate Association of Press Award
  • Dean’s List
  • “In Their Own Skin,” Oklahoma City University School of Law Magazine, Summer 2013
  • “What Every Start-Up Company Should Know About Trademarks, Patents and Copyrights,” Primerus Paradigm, Fall 2014, with Emily Campbell.
  • Elizabeth was quoted in the Oklahoma Gazette, “IgniteOKC offers 13 presenters 6 minutes each to share rapid-fire, TED-like talks,” May 20, 2015, by Ben Felder
  • Protecting Your District Brand and Artwork for the Oklahoma City District Get Together, 2017
  • “Hear + Now: Making Music in Oklahoma”, 2017, Oklahoma Film + Music Office
  • Copyright and Trademarks for Graphic Designers, Gordon Cooper Technology Center, 2016
  • Board of Directors, 2018, deadCenter Film Festival
  • LOYAL Class XII, 2016
  • Catalyst of Allied Arts, Vice Chair, Membership, 2016 – 2017
  • Catalyst of Allied Arts, Board Member, 2015 – 2016
  • Catalyst of Allied Arts, Organization Member, 2013 – 2015
  • IgniteOKC, Board Chair, 2015 – 2016
  • IgniteOKC, Event Chair, 2014 – 2015
  • IgniteOKC, Leadership Crew Member, 2012 – 2014
  • Yoga Teacher Training
  • Landscape Photography
  • French Language Immersion in Quebec
  • St. Thomas Orthodox Church, First Grade Sunday School Teacher