NEWS - Tuesday, May 22, 2012

Judge slams MS in court judgement

The International Trade Commission should ban import of some Microsoft Xbox gaming consoles into the United States because they infringe on Motorola patents, an administrative law judge said.
     The recommendation is limited to the 4GB and 250GB versions of the Xbox 360 S console.
     Judge David Shaw also recommended that 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.
     Shaw’s recommendation decision follows his April determination that Microsoft had infringed on four Motorola patents related to secure wireless communication and transmission of video content between controller devices and game consoles.
     The public version of Shaw’s initial determination has not been released while the companies petition to remove any proprietary information.
     Motorola filed its initial complaint with the ITC in November 2010, claiming that the Xbox used Motorola-developed technology that allows set-top boxes to decode transmissions between its Droid2 and DroidX mobile devices.
     Microsoft argued that Shaw’s exclusion order does not serve the public interest because it would leave consumers of video game consoles with only two options to satisfy their needs: the Sony Playstation and the Nintendo Wii.
     Shaw rejected that argument, finding that the public interest in enforcing intellectual property rights outweighs any potential economic impact on video game consol buyers. Moreover, he said, Microsoft did not even try to show that its competitors were incapable of meeting demand for the consoles.
     Microsoft and Motorola were also diametrically opposed to the bond value needed to prevent sales of the devices during a presidential review period.
     While Microsoft called a bond unnecessary, Motorola argued that the bond should be worth 100 percent of the declared value of unsold Xbox inventory.
     Microsoft said Motorola failed to show that anyone bought Xboxes in lieu of Droids or set-top converters, but it argued that a more reasonable bond would be equal to the value of a reasonable license for the technology at issue. It estimated that figure at 2.5 percent of the wholesale value of the consoles.
     The public version of Shaw’s remedy recommendation redacts the data he used to calculate the 7 percent figure because.
     Microsoft and Motorola have been in a patent war for several years, with Microsoft claiming that Motorola refuses to abide by requirements set by the Institute of Electrical and Electronics Engineers Standards Association to set reasonable license fees of essential technology.
     Earlier this month a federal judge in Seattle blocked an attempt by a judge in Germany to ban sales of several Microsoft products that the German court found infringed on Motorola’s video-compression technology.
     Under section 337 of the Tariff Act, administrative law judges investigate allegations of intellectual property infringement against goods imported into the United States. Their initial determinations and recommended remedies then go to ITC commissioners for consideration.
     The commissioners can let the initial determination stand, in which case it becomes the official determination of the ITC. Commissioners can also adopt the determination, amend it or send it back for further consideration.
     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.



Site Statistics

Registered Members: 43,982
Forum Posts: 725,137
Xbox One Titles: 655
Xbox 360 Titles: 1,084
Xbox 360 Kinect Titles: 95
Xbox 360 Arcade Titles: 583
Xbox Titles: 847
Staff Reviews: 1,447
Member Reviews: 10,339
News Articles: 13,074
Screenshots: 28,839
Xbox 360 Achievements: 45,112
Xbox 360 Faceplates: 2,016
Cheat Codes: 1,706

Latest News

See News Archives

Community Forum Activity

Post by Nato King
1 Replies, 29 Views

Red Dead Redemption 2 releasing Fall 2017
Post by Nato King
5 Replies, 80 Views

Xbox One S Protoype Zebra
Post by oryanphine
3 Replies, 116 Views

Xbox One South Korea Edition Limitee Mother Pearl
Post by oryanphine
1 Replies, 73 Views

Xbox One Official China Edition limitee Lunar New Year Monkey 2016
Post by oryanphine
2 Replies, 81 Views

Xbox Play Anywhere Set up.
Post by Nato King
6 Replies, 145 Views

CONTEST! Win a copy of Worms W.M.D.!
Post by Variation-XBA
9 Replies, 290 Views

The Gears of War 4 Live Broadcast Airs Today
Post by Nato King
7 Replies, 196 Views

Post by Nato King
9 Replies, 244 Views

Spoiler: First 12mintues of Battlefield 1
Post by Nato King
9 Replies, 221 Views

Custom Xbox Addict Controller!
Post by Variation-XBA
8 Replies, 308 Views

Post by BananaMan
5 Replies, 255 Views

Post by Nato King
7 Replies, 253 Views

Club for Forza Horizon 3
Post by TheOutcast-XBA
9 Replies, 1121 Views

Destiny: Rise of Iron - Devil's Lair Strike Remastered
Post by Variation-XBA
0 Replies, 242 Views

© 2000-2016 - All rights reserved. All trademarks are properties of their respective owners.
Xbox is a registered trademark of Microsoft. is not affiliated with Microsoft.

Made in Canada
Site Design by Cameron Graphics