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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 - Director
patent preparation and prosecution copyrights Internet law licensing trademarks

Elizabeth leads Dunlap Codding’s Design group. Her practice includes all areas of intellectual property, patent preparation and prosecution, due diligence, trademarks, copyrights, entertainment law, and Internet law as well as multi-disciplinary intellectual property portfolio management, licensing, transactional, and litigation matters.

Elizabeth manages complex, multinational brand portfolios of private and publicly traded companies. She handles trademark settlement and licensing agreements from both offensive and defensive positions.  

Elizabeth also has extensive experience in identifying and protecting all aspects of industrial design, including strategies for design patent and trademark configuration procurement. In tandem with her design patent experience, Elizabeth is well-versed in utility prosecution in the mechanical, medical device, and computer-related arts. 

Additionally, Elizabeth has taken the lead in negotiating and drafting licensing strategies for clients in the entertainment and electronic media industries.

Elizabeth currently serves on the Board of Directors for the Intellectual Property Law Section of the Oklahoma Bar Association, the Oklahoma City University Alumni Association, the Oklahoma County Bar Association Young Lawyers Division, and deadCenter Film. Elizabeth is a member of the American Intellectual Property Association Industrial (AIPLA) Design Committee and served as Moderator for the AIPLA Design Rights Boot Camp 2020. 

  • 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

  • Selected to Best Lawyers: Ones to Watch, for Intellectual Property Law, 2021
  • Named Oklahoma City University School of Law’s Outstanding Young Alumnus, 2020
  • Named to Oklahoma Super Lawyers – Rising Stars, 2018 – 2020
  • Journal Record, Achievers Under 40, 2017
  • Named to the okc.BIZ list of Forty Under 40 2016
  • 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
  • “Intellectual Property 101: What Every Lawyer Needs to Know,” Oklahoma City University Alumni Association CLE, Spring 2021
  • “Pre-Production Intellectual Property Considerations,” Oklahoma Film + Music Office Inaugural Conference, 2019
  • “Intellectual Property and Churches,” CREATE: initiative, 2018
  • 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