Judge recommends Xbox 360 ban

Posted by Emma Woollacott

An International Trade Commission judge has recommended that US imports of Microsoft's Xbox 360 S console should be halted and products pulled from the shelves.

The ruling follows judge David Shaw's decision last month that the 4GB and 250GB versions infringe four Motorola patents relating to the H.264 video compression codec and wireless technologies.

Now, he's recommended that sames of the device should be stopped, and that Microsoft post a bond equivalent to seven percent of the wholesale value of the unsold consoles already in the country.

The judge disagreed with Microsoft's claim that an exclusion order would be contrary to the public interest, pointing out that the company had failed to file a response to the ITC's request for comments in November 2010.

"Additionally, it has not been alleged or shown that Sony or Nintendo would fail to meet the demand for consumer video gaming consoles in the event that an exclusion order is issued," he wrote.

Earlier this month, Motorola won an injunction in Germany banning  Windows 7 and the Xbox 360 in the country.

The US recommendation was made public just as Google's $12.5 billion acquisition of Motorola Mobility was made final - an acquisition driven largely by Google's desire for Motorola's strong patent portfolio.

The recommendation will now be reviewed by the ITC's board of commissioners; there's still time for the companies to settle.