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.


Dunlap Codding is an intellectual property law firm where ideas matter – a team of nimble thinkers who help dreamers and doers bring their ideas to life, and the community connectivity created by our nonprofit event space inspires our work to protect ideas for clients across Oklahoma and around the globe.

Our Story

Dunlap Codding is home to a group of professionals with diverse scientific and legal acumen who devote themselves to protecting clients and engaging with the community.  Our philosophy is simple.  We listen carefully and respond to each client’s unique needs with micro-customized, collaborative solutions and innovative services. We focus on providing each client with an exemplary work product, delivered with care. Our mission is to help our clients create and protect robust and strategic intellectual property portfolios—vigorously pursued, pragmatically focused, and solidly grounded in science and law.

We bring our service-oriented mindset to bear—working in tandem with clients, investing our time and resources to develop a deep understanding of their technologies and businesses—whatever they may be.  From mechanical arts and life sciences to nanotechnology and optics and virtually every technical and scientific area in between, we’ve helped clients identify and protect their intellectual property.  After all, innovative ideas are their greatest asset.  And future success depends on their protection.  But we don’t stop there.  We help brand and protect reputations–online and in the “real world”–through the creative use of trademark, copyright and right of publicity activities.  Especially with respect to trademark protection, we help clients focus—strategically and at the outset—on marks and brands that are lasting, that are memorable, and that clearly define their position within the market.

Founded in 1957 as Oklahoma’s original intellectual property firm, Dunlap Codding remains the region’s largest and most versatile boutique IP firm serving sophisticated clients ranging from local artists and entrepreneurs to multi-national conglomerates. In addition to our offices in the heart of the Film Row District of Oklahoma City, we have offices in Austin, Chicago, and Washington, D.C.  Large enough to provide depth and experience in almost any field, we are nimble, approachable and authentic in offering tailored, responsive legal representation.  This combination has earned us a ranking in the top band of intellectual property firms in Oklahoma by Chambers USA:  America’s Leading Lawyers for Business, and our shareholders are ranked among the top practitioners in the state. And more importantly, wherever our clients live and work, they feel like we’re next door, advancing their success.

We maintain a wealth of experience in the areas of utility and design patents, intellectual property audits, trademarks, copyrights, trade secrets, unfair competition, Internet and e-commerce, licensing and technology transfer, technical asset evaluation, due diligence inquiries, patent and trademark litigation, and antitrust law—all deployed in service to our clients, our friends.