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.

Kathryn Hester


PH: 405.607.8620 OKLAHOMA CITY 609 W. Sheridan Avenue
Oklahoma City, OK 73102

Kathryn L. Hester, Ph.D.

Patent Agent | Firm Risk Manager
patent preparation and prosecution

Kathryn L. Hester, Ph.D., is a patent agent registered to practice before the United States Patent and Trademark Office. Kathryn focuses on patent preparation and prosecution before the US Patent and Trademark Office as well as foreign patent offices. She has extensive experience providing strategic and tactical patent counseling and portfolio management assistance to a broad base of clients ranging from individual inventors, high-tech startup companies, universities, and research institutions to large chemical, pharmaceutical, life science, medical device, nutrition, and manufacturing companies.

Her technological focus includes all areas of biotechnology, pharmaceutical compositions, molecular diagnostics and techniques, medical devices and equipment, skin care products, process technologies, and the chemical and mechanical arts.

As the firm’s Risk Manager, Kathryn is responsible for implementing and enforcing best policies and procedures for the firm (including adherence to each individual client’s guidelines for outside counsel) as well as overseeing all docketing matters. Kathryn also leads the firm’s Life Sciences Group.

  • Registered to practice before the United States Patent and Trademark Office

Kathryn graduated from the University of Oklahoma Health Sciences Center with a Ph.D. in Biochemistry and Molecular Biology. Her graduate studies, which were funded by a STAR Graduate Fellowship from the United States Environmental Protection Agency, focused on the regulation of gene expression, and in particular, the proteins involved in catabolite repression control of enzymes involved in amino acid metabolism (the bkd operons) in Pseudomonas putida and Pseudomonas aeruginosa. Six publications resulted from her graduate work, including several papers in the Journal of Bacteriology and the European Journal of Biochemistry and chapters in Methods in Enzymology and Biochemistry and Physiology of Thiamin-Diphosphate Enzymes.

  • Hester KL, Luo J, Sokatch JR. Purification of Pseudomonas putidabranched-chain keto acid dehydrogenase E1 component. Methods Enzymol. 324:129-38 (2000).
  • Hester KL, Madhusudhan KT, Sokatch JR. Catabolite repression control by crc in 2xYT medium is mediated by posttranscriptional regulation of bkdR expression in Pseudomonas putida. J Bacteriol. 182(4):1150-3 (2000).
  • Hester KL, Lehman J, Najar F, Song L, Roe BA, MacGregor CH, Hager PW, Phibbs PV Jr, Sokatch JR. Crc is involved in catabolite repression control of the bkd operons of Pseudomonas putida and Pseudomonas aeruginosa. J Bacteriol. 182(4):1144-9 (2000).
  • Madhusudhan KT, Hester KL, Friend V, Sokatch JR. Transcriptional activation of the bkd operon of Pseudomonas putidaby BkdR. J Bacteriol. 179(6):1992-7 (1997).
  • Hester, KL, Luo, J, Sokatch, JR. An unusual translation of the beta-subunit of Pseudomonas putida branched-chain keto acid dehydrogenase. H. Bisswanger and A. Schellenberger (Eds). In Biochemistry and Physiology of thiamin-diphosphate enzymes. pp. 374-381 (1996).
  • Hester K, Luo J, Burns G, Braswell EH, Sokatch JR. Purification of active E1 alpha 2 beta 2 of Pseudomonas putida branched-chain-oxoacid dehydrogenase. Eur J Biochem. 233(3):828-36 (1995).
  • American Association for the Advancement of Science
  • American Society for Microbiology
  • American Society for Biochemistry and Molecular Biology
  • American Chemical Society
  • American Intellectual Property Law Association
  • Intellectual Property Section of the Oklahoma Bar Association, Associate Member