A Judge Has Recommended That the Xbox 360 Be Banned in the US

http://www.eurogamer.net/articles/20...s-xbox-360-ban

Quote:

---

A judge has recommended that the Xbox 360 be banned in the US.

Courthouse News reports that Judge David Shaw said the International Trade Commission should use a cease and desist order to ban imports of the Xbox 360 Slim 4GB and 250GB models into the US because, in his view, they infringe on four patents owned by Motorola.

He also wants Microsoft to post a bond equal to seven per cent of the value of unsold Xbox 360s in the US.

The patents at the heart of the dispute revolve around how the Xbox 360 decodes video content. Motorola claims ownership on the tech powering this.

Reacting to this latest decision, Microsoft argued the ban would not serve the public interest because it would leave consumers with only two home console options: the PlayStation 3 and the Nintendo Wii. But the judge rejected the claim, saying it was more important to enforce intellectual property rights. Plus, he wasn't convinced Sony and Nintendo wouldn't be able to meet increased demand.

Microsoft said the suggested seven per cent bond was unnecessary, and recommended it be reduced to 2.5 per cent. Motorola wants it increased to a whopping 100 per cent of the value of the unsold Xbox 360s.

So what happens next in this long-running, complex patent dispute? If the ITC makes the judge's recommendation final, President Barack Obama will then have 60 days to review the decision. After that period expires, the next step is the Court of Appeals for the Federal Circuit.

Earlier this month a US judge accused the warring factions of using the US District Court as "a pawn in a global, industry-wide business negotiation".

Judge James Robart said both sides were clearly "driven by an attempt to secure commercial advantage". "To an outsider looking at it, it has been arbitrary, it has been arrogant and frankly it has been based on hubris," he said.

A German court has already ruled in favour of Motorola, granting an injunction prohibiting sales of the console in the country. However, Robart issued a temporary restraining order preventing Motorola from enforcing that decision.

---

What kind of implications could this have on the whole Xbox 360 community?

What?

looooolollilolkchklol

yeah that's not gonna happen, no matter who bought that judge

You know what patents made sense? Stuff like the cotton gin

Let's all helicopter our patent cocks.

Quote:

---

Originally Posted by gamevet

What kind of implications could this have on the whole Xbox 360 community?

---

None.

Quote:

---

Originally Posted by the Courthouse News Service article

If Shaw's determination and recommendation become final, President Barack Obama will have 60 days to review the decision. After the 60 days lapse ITC orders can only be appealed to the Court of Appeals for the Federal Circuit.

---

The ITC hasn't adopted the recommendation yet. And even if President Obama decided not to intervene, Microsoft can still appeal to the Federal Circuit, and then to the United States Supreme Court.

Translation: this will have zero impact on U.S. XBox sales.

Quote:

---

Originally Posted by Joust Williams

You know what patents made sense? Stuff like the cotton gin

---

Patents kept Sony from releasing the Dual-shock 3 for the PS3, until they paid up. ;)

Why make interesting competitive products when you can just patent pool, or buy patents and then be a bitch?

How will this affect the ending of Mass Effect 3?

Quote:

---

Originally Posted by gamevet

Patents kept Sony from releasing the Dual-shock 3 for the PS3, until they paid up. ;)

---

That was a product Sony was about to release, and delaying it could cost them money. This is a console in the twilight of its existence. MS will just stall in the courts until the ZBOZ 720 is ready, and then say "ok, you win" and discontinue the 360. Had Motorola gotten this decision 3 or 4 years ago, it may have mattered. Now, it's a symbolic victory at best.

Quote:

---

Originally Posted by Josh

Why make interesting competitive products when you can just patent pool, or buy patents and then be a bitch?

---

I guess Robert Tepper was wrong.

Quote:

---

Originally Posted by Melf

That was a product Sony was about to release, and delaying it could cost them money. This is a console in the twilight of its existence. MS will just stall in the courts until the ZBOZ 720 is ready, and then say "ok, you win" and discontinue the 360. Had Motorola gotten this decision 3 or 4 years ago, it may have mattered. Now, it's a symbolic victory at best.

---

I was thinking this might cause MS to introduce their next console sooner, should the courts create a problem with the continued sales of the 360.

Can't they just sue for what's owed to them from systems already sold? Me thinks they can.

The patents in question would have been rejected or invalidated by now if the USPTO actually did what it's supposed to do.