Judge recommends US Xbox 360 ban in Motorola dispute

A judge has recommended to the International Trade Commission that Microsoft be given a cease-and-desist order on Xbox 360 sales in the US. The ITC can let his determination stand, amend terms, or send it back for a rewrite.

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Microsoft's legal battle with Motorola has taken another large step towards a console ban, but the company could still narrowly avoid that fate. Judge David Shaw recommended to the International Trade Commission (ITC) that Microsoft be given a cease-and-desist order on sales of the Xbox 360 slim model in the US. He also recommended ceasing Chinese imports of the systems, and a payment of 7% of the value of unsold systems in stores.

Courthouse News Service (via Develop) reports that the ITC can now choose to let that determination stand, in which case it becomes the official stance of the ITC. Alternately, the commission could amend some terms, or send it back for a rewrite. If it does adopt Shaw's recommendation, President Barack Obama will have 60 days to review the decision, after which it would have to be appealed to the Court of Appeals for the Federal Circuit.

This follows a one-two punch against Microsoft in this case, after Motorola won its patent ruling, and was subsequently hit with a German sales injunction -- which won't go into effect until the US case is settled. Motorola claims a technology used across several Microsoft devices, but Microsoft alleges that Motorola demanded an unreasonable licensing fee for the patents.

Microsoft has argued that banning consoles would not serve the public interest, but Shaw claimed that enforcing property rights takes precedence. Though Microsoft could still potentially appeal, the threat of a ban is more real now. Either way, this likely isn't something Microsoft wants hanging over its head as we approach E3.

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From The Chatty
  • reply
    May 23, 2012 7:30 AM

    Steve Watts posted a new article, Judge recommends US Xbox 360 ban in Motorola dispute.

    A judge has recommended to the International Trade Commission that Microsoft be given a cease-and-desist order on Xbox 360 sales in the US. The ITC can let his determination stand, amend terms, or send it back for a rewrite.

    • reply
      May 23, 2012 7:45 AM

      0_0 wow.

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      May 23, 2012 7:47 AM

      I really think patent wars may head the software and hardware industries into a bad crash. Maybe things will be better after a crash.

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        May 23, 2012 8:56 AM

        Not a bad idea, if after the dust settles things actually get better and more sane. No guarantees of that being the case though. :(

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      May 23, 2012 7:49 AM

      Yeah ok, like that's actually going to happen

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        May 23, 2012 8:01 AM

        Pretty sure they already got an injunction on Motorolla smartphones in the counter suit, although of course that is also being fought, it's all retarded.

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      May 23, 2012 7:51 AM

      Its a shame, I hope the court realizes what effect it's ruling could have.

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        May 23, 2012 8:01 AM

        the effect is that I would have a collectors item!

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          May 23, 2012 8:03 AM

          Its a stretch to think that it's value would be very high.

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            May 23, 2012 8:04 AM

            shut up! It would be worth like $10000!

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              May 23, 2012 8:06 AM

              Its amazing that you haven't gotten my joke yet ... I guess it's humor is a bit high brow.

          • reply
            May 23, 2012 12:00 PM

            What if I change the model number to NES-001?

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      May 23, 2012 7:58 AM

      I blame Apple... they made lawsuits trendy

      • reply
        May 23, 2012 8:26 AM

        Damn hipsters!

      • reply
        May 23, 2012 8:28 AM

        The new Apple iLitigate. Powerful, simple, fun.

      • reply
        May 23, 2012 1:59 PM

        well, on the sending end. they get huge, they do the suing. anyone else gets huge, they get sued.

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      May 23, 2012 8:01 AM

      Pretty ridiculous.

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      May 23, 2012 8:22 AM

      President Barack Obama will have 60 days to review the decision, after which it would have to be appealed to the Court of Appeals for the Federal Circuit.- He will veto this as he already has the next Madden reserved.

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        May 23, 2012 9:35 AM

        More like Microsoft will create a well funded SuperPAC that is very pro-Obama.

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      May 23, 2012 11:39 AM

      Its Google pulling the strings! Microsoft is in a bad spot. No wonder they are rushing on the Xbox "720" I was going to buy a replacement Xbox next week (my 5th) until I read this. Hmmm, may wait for E3 to see where the industry is headed.

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      May 23, 2012 11:39 AM

      "...but Microsoft alleges that Motorola demanded an unreasonable licensing fee for the patents."
      And used the patented tech anyway? Isn't that effectively piracy? For shame Microsoft, for shame.

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        May 23, 2012 11:54 AM

        if you don't deeply understand the merits of either case, you should probably refrain from ...making a judgement...yeah

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        May 24, 2012 3:44 PM

        From what I've heard the original patent charge was either 0.2 or 2 dollers but since google took over motorola they're demanding 12 or 22 dollers. Can't remember the figures for sure but it's along those lines.

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      May 23, 2012 12:10 PM

      Fucking Sony.

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      May 23, 2012 12:16 PM

      They still make those old things?

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      May 23, 2012 12:47 PM

      If you think something costs too much, it's okay to steal it. As long as you're Microsoft.

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        May 23, 2012 1:31 PM

        "Microsoft alleges that Motorola demanded an unreasonable licensing fee for the patents" The fuck when I read that!!

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          May 23, 2012 1:58 PM

          My guess is that Motorola contacted Microsoft before litigation and wanted to settle something out of court, and the two companies were unable to come to an agreement.

          Otherwise Microsoft would be admitting guilt, and their lawyers make WAY too much money to do something so stupid.

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      May 23, 2012 1:37 PM

      The Patent system is so broken. The speed of technology is going to require shorter patents, I think.

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      May 23, 2012 1:48 PM

      Property rights take precedence over public interest......

      Got it.

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      May 23, 2012 1:54 PM

      Now that Google own Motorola they should probably use this as leverage to remove the ridiculous levy that MS gets for each handset sold.

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        May 23, 2012 2:08 PM

        Motorola is the only handset maker that didn't settle with MS, so with the XBOX injunction holding over MSs head, they might be able to force MSs hand.

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          May 24, 2012 3:52 PM

          That's exactly what this is all about, Google infringed on MS patents in the Android OS, Microsoft came to collect. Google than complained about the pantent system and bought motorola for it's pantents, what google did next was to go in agressive and that's made an already shakey patent system worse and made the flaws of the system more painfully evident to consumers.

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      May 23, 2012 2:15 PM

      It's like a patent arms race...