Phosita IP Blog


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.



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.

Evan Talley


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

Evan W. Talley

Intellectual Property Rights

Evan W. Talley enforces and defends his clients’ interests in disputes concerning intellectual property rights (patent, trademark, trade dress, copyright, trade secrets, rights of publicity, unfair competition, deceptive trade practices, artists’ and moral rights, and breach of licensing agreements) and ranges from pre-litigation dispute resolution through trial and appeal. His recent litigation experience includes cases in state and federal district courts in Oklahoma, Illinois, California, Florida, Minnesota, New York, Texas, Pennsylvania, Washington, Oregon, and Ohio. He has participated in appeals before the United States Court of Appeals for the Federal, Sixth, and Tenth Circuits

Evan diligently strives to reach the optimal result for his clients, whether through non-litigated negotiation and resolution or enforcing and defending his clients’ rights in court. Evan is involved in all aspects of the pre-litigation and litigation process, from sending and responding to cease and desist letters to the commencement of litigation, pursuing and defending requests for injunctive relief, discovery and motion practice, and, ultimately, through trial and appeal.

In his early work with Dunlap Codding, Evan was successful in preventing multiple clients’ trade secret, confidential, and proprietary information submitted to state and federal agencies from being made publicly-available through FOIA and state open records requests. Evan’s more recent work highlights include obtaining a pre-trial dismissal with prejudice for a pro bono client for claims of trademark infringement and violation of the right of publicity related to the use of a deceased professional athlete’s name and likeness; obtaining a dismissal and award of attorneys’ fees through the Oklahoma Citizen’s Participation Ace (anti-SLAPP statute) on behalf of a local, social media blog; and utilizing the ex parte seizure provision of the Defend Trade Secrets Act to ensure the return of a client’s misappropriated trade secrets. Evan’s litigation experience includes cases in state and federal district courts in Oklahoma, Illinois, California, Florida, Minnesota, New York, Texas, Pennsylvania, and Washington. He has participated in appeals before the United States Court of Appeals for the Federal and Tenth Circuits.

Prior to joining Dunlap Codding, Evan practiced in the area of public utility litigation, representing one of Oklahoma’s largest electric providers. Evan also worked at Los Angeles-based boutique intellectual property law firm Wagner, Anderson & Bright.

  • Oklahoma State Bar
  • Illinois State Bar
  • All Oklahoma State and Federal Courts
  • United States Court of Appeals for the Tenth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Northern District of Illinois
  • University of Oklahoma College of Law, J.D., with Distinction, American Indian Law Review (2009)
  • University of Oklahoma College of Business, B.B.A., with Distinction (2005)
  • Selected for inclusion in Best Lawyers: Ones to Watch, 2021, for Intellectual Property, Litigation – Patent, and Trademark Law
  • Selected by attorney peers for inclusion in Oklahoma Super Lawyers – Rising Stars, 2019 – 2020
  • Dean’s Honor Roll, University of Oklahoma College of Law
  • Top 10 Speaker in Moot Court Competition, University of Oklahoma College of Law
  • Top 8 Pair in Moot Court Competition, University of Oklahoma College of Law
  • Top 10 Freshman, University of Oklahoma College of Business
  • Oklahoma Regents and Generations Scholar
  • Honors College, University of Oklahoma College of Business
  • Crimson Club