Judge David Shaw has recommend The International Trade Commission ban the import of Microsoft’s Xbox 360 into the United States, because they infringe on Motorola patents.
Courthouse News reports Shaw also recommended the commission prevent sale of the consoles with a cease-and-desist order, and that Microsoft post a bond equal to 7 percent of the declared value of unsold Xbox inventory already in the country.
The patents in question concern “secure wireless communication and transmission of video content between controller devices and game consoles“. The levy sits at 7 percent because Motorola first filed their complaint back in November 2010, a normal licensing fee for this kind of technology would be around 2.5% of each units worth.
Microsoft argue blocking the import and sale of Xbox 360 consoles is not in the public’s best interest, David Shaw however responded by saying Sony and Nintendo could satisfy demand. Judge Shaw even went as far as to say “enforcing intellectual property rights outweighs any potential economic impact on video game console buyers“.
Motorola tried to block the sale of a number of Microsoft products, including the Xbox 360, in Germany a few months ago. This was subsequently blocked by a federal judge in Seattle. Although the potential is there, it is very unlikely the ban will be enforced in the US, hopefully Motorola and Microsoft can come to their senses and sort the issue out.
However if Shaw’s determination and recommendation become final, the decision will fall to none other than, President Obama.