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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.

Nick Rouse

Contact

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

Nicholas D. Rouse

Attorney–Director
patent preparation and prosecution patent portfolio management licensing strategy

Nicholas D. Rouse has been the Managing Director of Dunlap Codding since 2007 while continuing an active practice.   He also leads the firm’s Mechanical Engineering Group. In its inaugural coverage of intellectual property law in Oklahoma, the highly regarded Chambers USA: America’s Leading Lawyers for Business 2018® ranked Nick in the top band of leading practitioners, and he has been top-ranked continuously since then. He was recently selected by attorney peers for inclusion in The Best Lawyers in America® 2019  for Patent Law and Trademark Law. He was named the 2018 Oklahoma Lawyer of the Year for Trademark Law by Best Lawyers. In 2018, Managing Intellectual Property again ranked Nick as an IP Star.

Nick provides a broad range of patent counseling to clients ranging from individual inventors to large multinational manufacturing companies. His practice includes patent preparation and prosecution, patent portfolio management, validity and infringement opinions, evaluations of new designs, and licensing strategy. Nick develops strategies that meet the business goals of clients, including advising them on how to build patent portfolios through preparing and prosecuting patents, developing intellectual property positions that take into account competitors’ intellectual property, and advising on acquisitions or licensing of technology. Although Nick has experience with a wide array of technologies, his practice has involved primarily subject matter in the mechanical and electro-mechanical arts. More specifically, he has assisted clients in the areas of petroleum exploration and production, construction equipment and processes, sporting goods, automotive systems, medical devices, safety products, packaging materials, and farming and ranching equipment. Nick’s practice also encompasses all aspects of trademark planning and management including clearance searches and opinions, trademark prosecution, licensing, and policing and enforcement of trademark rights.

Nick graduated from the University of Oklahoma in 1987 with a B.S. in Petroleum Engineering and received his Juris Doctor from the University of Oklahoma in 1990. He is a member of the Intellectual Property Law Section of the Oklahoma Bar Association and recently served as its president. Nick was admitted to the Oklahoma Bar in 1990.

  • Oklahoma
  • Registered to practice before the United States Patent and Trademark Office
  • University of Oklahoma School of Law, J.D.
  • University of Oklahoma, B.S., Petroleum Engineering
  • Ranked in the top band for Intellectual Property Law by Chambers USA:  America’s Leading Lawyers for Business 2018®.
  • Selected by attorney peers for inclusion in The Best Lawyers in America® 2019 in the fields of Patent Law and Trademark Law; named Oklahoma Lawyer of the Year 2018 for Trademark Law.
  • Selected again in 2018 as an IP Star—Patents and Trademarks—by Managing Intellectual Property magazine.
  • Selected for inclusion in Super Lawyers 2017.
  • Nick recently served as President of the Intellectual Property Law Section of the Oklahoma Bar Association.
  • American Intellectual Property Law Association
  • Oklahoma County Bar Association