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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.

Emily Campbell

Contact

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

Emily E. Campbell

Attorney–Director | Practice Group Leader
Trademark Copyright E-Commerce Practice

Emily E. Campbell provides strategic counsel to clients on trademarks, copyrights, internet law, and licensing. She excels in finding creative, practical ways to achieve clients’ immediate and long-range business goals by applying her knowledge of intellectual property prosecution, maintenance, licensing, and enforcement strategies.

She was again ranked in Chambers USA: America’s Leading Lawyers for Business 2018. The Best Lawyers in America 2019 listed her for Copyright Law and Trademark Law. Emily was also selected as an Oklahoma Rising Star in 2010, 2013, 2015, and 2016 and as an Oklahoma Super Lawyer in 2017. She was recently named to the University of Oklahoma’s College of Engineering Industrial & Systems Engineering Advisory Board. In 2015, Emily received a Women in Law award from Lawyer Monthly magazine. She is currently the chair of Dunlap Codding’s Diversity & Inclusion Committee.

Her work includes the comprehensive strategic management of international trademark portfolios for several multi-national companies, including prosecution, maintenance, and enforcement. She is a zealous advocate and excels at helping her clients enforce their rights, address third-party claims, and negotiate resolutions in their best interest.

On behalf of Pictometry International Corp., Emily drafted documents in a Freedom of Information Act (FOIA) proceeding calling into question certain of the company’s trade secrets, copyrighted images, and copyrighted software used in its business.

Emily assisted Pictometry in winning this precedent-setting case. As a result of this litigation, copyright holders may license their intellectual property to governmental agencies knowing their federal intellectual property rights supersede the copying and distribution requirements of FOIA.

Emily is registered to practice before the United States Patent and Trademark Office. She graduated from Oklahoma City University School of Law in May 2007. Prior to law school, she received her B.S. in Industrial Engineering in December 2003 from the University of Oklahoma. She was recently named to the Advisory Board of the University of Oklahoma’s School of Engineering. Emily also serves as a Board Member for the Mid Continent Geological Library (MCGL).

In addition to traditional transactional IP work associated with the filing and maintenance of trademarks and copyrights, Emily has worked on a variety of legal matters including:

  • Enforcement and resolution of trademark rights for various sized businesses.
  • Complex copyright filing strategies for group registrations of musical compositions and sound recordings for a record company, as well as works of the visual arts, including, mass photograph filing strategy and recommendations for an  imagery company.
  • Pre-Litigation and settlement of Anti-cybersquatting Consumer Protection Act claims.
  • Settlement of claims against individuals targeted by mass copyright infringement lawsuits.
  • Strategic analysis and counseling regarding collaborative entertainment and technology projects involving authors, musicians, corporations, as well as individuals starting new businesses.
  • Preparation of opinion letters and memos regarding complex intellectual property ownership issues, including issues pertaining to derivative works of software and sound recordings, as well as chain of title disputes regarding trademark ownership and validation of trademark registrations.
  • Trademark and copyright audit for an interactive company providing state of the market analysis as it pertains to soft IP, as well as analysis regarding the state of the company’s current trademark and copyright portfolio.  Final analysis and recommendations included high risk initiatives and market areas, as well as identification of gaps in protection and potential infringers in the market place.
  • Drafting of key intellectual property agreements including, right of publicity, license agreements, assignments, consent agreements, non-disclosure agreements, employment and termination agreements, terms of service, privacy policies, and work for hire agreements.
  • Preparation of web and software development agreements, end-user agreements (EULAs), terms of service, confidentiality policies, employee and third-party use agreements, and privacy policies
  • Strategic analysis and recommendations regarding copyright infringement of computer gaming concepts
  • Oklahoma
  • United States District Court for the Western District of Oklahoma
  • United States Patent and Trademark Office
  • University of Oklahoma, B.S., Industrial Engineering, 2003
  • Oklahoma City University School of Law, J.D., 200
  • Ranked in the prestigious Chambers and Partners USA: America’s Leading Lawyers for Business 2018
  • Listed in The Best Lawyers in America 2019 in the fields of Copyright Law and Trademark Law
  • Selected for inclusion in Oklahoma Super Lawyers 2017
  • Women in Law award, Lawyer Monthly magazine, 2015
  • Selected by attorney peers for inclusion in Oklahoma Rising Stars, 2010, 2013, and 2015
  • “Copyright Counsel Eager for Clarity on Fair Use for Viral Videos,” Law.com, July 29, 2016, by Megan Spicer
  • “Melania Trump vs. Michelle Obama: Does Copyright Law Cover Public Speeches,” Inside Counsel, July 26, 2016, by Amanda Ciccatelli
  • “Latest Play in Cat-and-Mouse Game May Be Winner for Warner,” Bloomberg BNA, January 29, 2016, by Anandashankar Mazumdar
  • “The Politicization of Music,” LifeZette, October 2015, by Christian Toto
    “The Female Attorneys You Admire,” Law360, March 6, 2015
  • “Copyright Office Launches Inquiry Into Licensing of Photos, Illustrations,” Bloomberg BNA, April 28, 2015
  • ‘Gotham Batmen’ Softball Team Likely to Cause Confusion With DC Comics’ ‘Batman,’ Bloomberg BNA, August 7, 2015
  • Legal Issues in Higher Education Conference, “Intellectual Property,” September 2016
  • ALI-CLE webinar, “10 Things Every Business Should Know to Minimize Trademark Liability”
  • Practice What You Preach—Don’t Cheat! Copyright Law for Educators
  • Member, University of Oklahoma’s College of Engineering Industrial & Systems Engineering Advisory Board
  • Member, Mid Continent Geological Library (MCGL) Board
  • Member, International Trademark Association (INTA)
  • Member, Junior League of Oklahoma City
  • Chair, Young Lawyers Section of Primerus, an international network of law firms
  • Emily is also one of the founding members of IgniteOKC—a community-driven networking event that connects people of diverse backgrounds and knowledge through a series of entertaining, rapidfire presentations. Emily spearheaded the formation of a steering committee to plan and execute the first IgniteOKC event in less than four months.  Emily continues to be actively involved in the event as a committee member.
  • Emily is an author of Dunlap Codding’s award winning and innovative intellectual property legal blog and resource center, PHOSITA