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An administrative law judge has declared that the Xbox 360 should be banned in the US.
The ruling is part of an ongoing patent dispute between Microsoft and Motorola between the 4GB and 250GB S models of the Xbox 360, which saw the device almost banned in Germany earlier this month.
Courthouse News reports that Judge David Shaw also said that the US should prevent sale of the machines with a cease-and-desist order, and that Microsoft should post a bond equal to 7% of the declared value of unsold Xbox inventory already in the country.
I have no idea how much that is, but I bet it’s loads.
Microsoft has argued that 7% is too high, instead suggesting it pay 2.5%. Motorola, on the other hand, has said Microsoft should pay 100%. I don’t think Motorola really understands how to haggle.
Microsoft also said that Shaw’s exclusion order doesn’t service the public interest, because consumers would be left with only the PlayStation 3 and Wii for their console gaming needs. Shaw rejected the argument, stating that Sony and Nintendo could probably meet the increased demand.
Shaw determined in April that Microsoft had infringed on four Motorola patents, related to “secure wireless communication and transmission of video content between controller devices and game consoles.”
What happens if Shaw’s determination and recommendation becomes final? President Barack Obama will have 60 days to review the decision.
