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Judge recommends Xbox 360 US import ban in Motorola patent case

Wednesday, 23rd May 2012 02:50 GMT By Brenna Hillier

An International Trade Commission judge has recommended a ban on the import of 4GB and 250GB Xbox 360 Slim consoles to the US, effectively putting an end to further sales of these models should the ban be upheld.

GamePolitics reports Judge David Shaw also ruled that Microsoft should pay a bond of 7% of the value of unsold Xbox 360 inventory on hand in the US..

Microsoft tried to argue against the ban, suggesting that it would leave consumers with limited options, but Shaw wasn’t impressed, saying Sony and Nintendo could handle demand.

The ITC’s commissioners will now review the recommendations, after which there will be a 60 day period during which the order can be overturned by president Barack Obama.

Otherwise, Microsoft’s out in the cold in its home territory, as well as in Germany; courts are taking Motorola’s claim of patent infringements quite seriously.

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8 Comments

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  1. SlayerGT

    Holy s**t

    #1 2 years ago
  2. ejams

    So if this somehow passes, then there won’t be any more Xboxes sold in the US? (Well for these models, which are basically the only models available now). That’s ridiculous, and even though I’m on the Sony side of things, this is pretty harsh. But it would really force Microsoft into a position of either releasing a new model, or jumping forward with the new Xbox altogether.

    #2 2 years ago
  3. Christopher Jack

    Anyone up for smuggling Xbox 360s into the US :P
    I hope for the US consumers that either this decision will be overturned or that Motorola & MS can kiss & make out, I mean up :P
    But frankly, MS had this coming, they have improved their image but it doesn’t erase their reputation for anti-competitive behaviour. Not to say that Motorola is exactly a Saint in this situation.

    #3 2 years ago
  4. TD_Monstrous69

    @2 I’m with you on being of more the Playstation persuasion, and even in thinking that this is harsh, but as far as this making Microsoft possibly instantaneously jump to their gen 4 console (though for them, it’d be their 3rd), I just don’t see it as all that likely. If anything, most likely case scenario is that Microsoft and Motorola will reach some type of settlement on this patent issue (just as Sony had a patent issue with LG last year that was also settled) before this injunction reaches any other territories in which Microsoft does business. That, or they release a new model of the slim Xbox 360 that gets them out of hot water with Motorola.

    #4 2 years ago
  5. silkvg247

    I still don’t exactly know why this is happening.

    #5 2 years ago
  6. freedoms_stain

    @5, Microsoft sued Motorola over Android, therefore to avoid having to pay MS anything Moto sift through their hundreds/thousands of vaguely worded patents that should never have been awarded in the 1st place, find an MS product that vaguely infringes said vague patents and counter sue.

    The goal for Moto is to settle out of court so they can keep trading Android devices.

    Almost every company in the mobile communications market is in some sort of dispute with multiple other companies in the mobile communications market.

    #6 2 years ago
  7. Cobra951

    You are seeing the result of the ridiculous state of patent law. I’m surprised carpenters don’t have to pay someone royalties to drive nails into boards with a hammer. Maybe high-profile cases like this one will motivate some positive change. I will not hold my breath.

    #7 2 years ago
  8. TMRNetShark

    I think with the aging market, this is a move into the next generation of consoles. However, E3 will definitely be interesting if Microsoft comes out and says “Yep, this is the new Xbox… on sale this November.”

    If they did that, I’d probably preorder it. It’ll have a Blu-ray drive and according to the past… the first “next-gen” device usually has the most success (excluding the Wii, but that is explained by the relative cheaper price).

    I definitely think we will see all the next gen consoles at E3, regardless.

    #8 2 years ago