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.

Michael Schade


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

Michael A. Schade, J.D., CLP

Attorney | Practice Group Leader
Patent Trademark Copyright Technology E-commerce

Michael A. Schade practices in all areas of intellectual property law including patent, trademark, copyright, technology, and e-commerce, and assists clients with intellectual property matters requiring litigation, licensing, technology counseling, and complex transactions.

Michael recently re-joined Dunlap Codding after serving for several years as the Senior Director of Intellectual Property and Staff Attorney at the University of Oklahoma. In that role, he was responsible for the oversight and management of the University’s patent portfolio in order to maximize the economic impact of such assets to increase revenue for the University and the State of Oklahoma. He also provided substantive intellectual property input to the State of Oklahoma’s federal legislators regarding the impact of federal patent legislation.

Michael is a Certified Licensing Professional.

Michael is registered to practice before the United States Patent and Trademark Office. He particularly enjoys working with clients to complete the process of acquiring and/or commercializing intellectual property assets as well as portfolio management, licensing and transactional matters.

Michael’s scientific background has focused on all areas of biotechnology and life sciences (including molecular biology, cell biology, glycobiology, biochemistry, developmental biology, immunology, microbiology, virology, and genetics; pharmaceutical compositions; molecular diagnostics and techniques; medical devices and equipment) as well as chemistry including organic and polymeric chemistry (natural and synthetic compounds), surfactant based chemical technologies, and rheological/additive based chemistries. He has significant experience in providing strategic and tactical intellectual property counsel to individual clients, universities, large pharmaceutical and manufacturing companies, and start-up biotechnology companies.

He is currently an Adjunct Professor and Lecturer of Law at the University of Oklahoma College of Law, teaching Applied Intellectual Property and Patent Drafting and Prosecution classes. In Spring 2017, Michael will co-teach Entrepreneurial Law in the Michael F. Price College of Business at the University of Oklahoma.

  • University of Oklahoma, Senior Director of Intellectual Property and Staff Attorney
  • University of Oklahoma College of Law, Adjunct Professor and Lecturer of Law
  • Dunlap Codding P.C., Attorney
  • University of Oklahoma Office of Technology Development, Patent Intern
  • United States Attorney’s Office, Western District of Oklahoma, Organized Crime and Drug Enforcement Task Force, Student Intern
  • Oklahoma Court of Criminal Appeals, The Honorable Judge Arlene Johnson, Student Law Clerk
  • Oklahoma Medical Research Foundation, Department of Molecular, Cellular, and Developmental Biology, Associate Research Assistant
  • University of Oklahoma, Advanced Center for Genomic Technology, Senior Student Research Assistant/Trainer
  • Oklahoma
  • United States District Court for the Western District of Oklahoma
  • United States Patent and Trademark Office
  • University of Oklahoma College of Law, J.D.
  • University of Oklahoma, B.S., Biochemistry, magna cum laude
  • University of Oklahoma, Office of Research Services of the Vice President of Research, Outstanding and Distinguished Service Award
  • Phi Beta Kappa
  • University of Oklahoma Price College of Business, Dean’s Excellence Award for Community Outreach
  • Applied Intellectual Property, University of Oklahoma College of Law
  • Patent Drafting and Prosecution, University of Oklahoma College of Law
  • Entrepreneurial Law, Michael F. Price College of Business, University of Oklahoma
  • “Nuts and Bolts of Contract Drafting,” Primerus Young Lawyers, November 1, 2016
  • “Copyright Law in Academia: Impacts and Pitfalls,” University of Oklahoma Health Science Center, September 15, 2015
  • “How to Prepare for Life After the Patent Reform Act of 2011 and Other Recent Development in Patent Law” hosted by OKBio and i2E
  • “IP in Academia” Lecture Series, University of Oklahoma, Office of Technology Development
  • Fishing
  • Traveling
  • Chasing his eight year old daughter wherever she drags him