Xbox 360 should be banned in U.S., says judge

Microsoft

(GameSpot) In an ongoing legal dispute between Motorola Mobility and Microsoft, the U.S. could see some versions of the Xbox 360 banned. International Trade Commission (ITC) judge David Shaw has recommended that the trade group ban the import of 4GB and 250GB Xbox 360 S consoles, reports Courthouse News. The popular consoles are manufactured in China.

Sales of consoles already in the U.S. should be banned by a cease-and-desist order, Shaw says. On top of this, the judge recommends Microsoft pay Motorola 7 percent of the value of any unsold consoles in the U.S.

Microsoft argues that Shaw's order to ban the import of Xbox 360 consoles would hurt consumers, as it would leave interested buyers with only two options: the PlayStation 3 or the Nintendo Wii. Shaw rejected this assertion, noting the public interest in enforcing intellectual property rights trumps any "economical impact" on console buyers.

Should ITC commissioners agree with Shaw's recommendation, President Barack Obama and advisors will have 60 days to review the decision, the site reports. After this time, whatever is decided can be appealed.

Last month, Shaw ruled that the Xbox 360 violated a string of patents Motorola holds for video decoding, Wi-Fi connection, and console-to-accessory connections. And earlier this month, a German court decision banned the sale of Xbox 360 consoles in that country, though it had no immediate effect, because Microsoft was granted a preliminary injunction.

The ITC is expected to conclude its investigation by August 23.

This article originally appeared at GameSpot.

[bobnjersey]

[Last month, Shaw ruled that the Xbox 360 violated a string of patents Motorola holds for video decoding, Wi-Fi connection, and console-to-accessory connections]
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i have the patent on electrical signal conduction ... so everyone owes me some money .... including those using cell phones, the telephone, television, and the internet ... both wired and wireless.

i won't even get into the patent i have on 0's and 1's.

[hypnotoad72]

Everything is made in China - that part is not really newsworthy.

And this is asinine - my Atari 800XL bought 28 years ago had console-to-accessory peripherals and nobody sued. The Atari 2600 had such peripherals that would also fit Motorola's lawsuit.

Motorola and the other toddlers in the sandbox screaming "MINE! Patent! MINE MINE MINE!!" are all symptoms of a clearly broken system. This nonsense didn't go on so rabidly 30 years ago and it's the same common philosophies in practice.

What a JOKE. And an unfunny one at that.

[Scimajor]

Wow, am I sick of these idiotic patent lawsuits. If you want to point a finger a something that is stifling the U.S. economy then point your finger at these types of lawsuits that do nothing but hurt our economy. All these lawsuits accomplish is to line the pockets of the patent lawyers with money. I'd be willing to bet a year's salary that patent lawyers at Microsoft are working on lawsuits against Motorola.

Our patent/copyright laws are horribly flawed and someone with some political courage needs to address the issue.

[hypnotoad72]

100% agreed.

Where was the REAL reform last year? (And it wasn't any reform, based on the details quietly passed by BOTH sides and readily signed by President Obama).

Only patent lawyers and companies that hate competition will prosper from this. So, in this new normal, the one holding the most patents wins. It's like a psychotic version of the board game "Monopoly".

[Overruled1]

I agree with you completely.
Patent rights are a joke in this world.
My own mother was an inventor on her off time. She invented a bathroom pet dog that held in it an aerosol deoderizer, an FM radio, and a role of toilet paper. She paid lots of money for research and development, along with filing papers....in the end, she got a runaround that lasted years with not a dime to show for it. I don't know what became of her invention today.