Microsoft’s 4GB and 250GB Xbox 360 game consoles would be banned from import into the U.S. under a recommendation issued by an administrative law judge for the International Trade Commission.
The recommendation follows a ruling that Microsoft’s game console infringes on Motorola’s digital video patents. Microsoft argues that Motorola is seeking unreasonable licensing fees for patented technologies required to implement industry standards.
In a separate case, the ITC last week ruled that Motorola won’t be able to import Android devices that infringe on Microsoft’s patent for “generating meeting requests and group scheduling from a mobile device.” Unless it successfully appeals, Motorola will need to remove the technology from Android devices or strike a licensing deal with Microsoft.
Microsoft would be faced with a similar dilemma if the ITC finalizes the administrative law judge’s recommendation for a ban on Xbox 360 imports. According to Courthouse News Service, the judge also recommended that the ITC require Microsoft post a bond equal to 7 percent of the value of unsold Xbox 360s already in the United States.
Update: Here is Microsoft’s statement on the recommendation.
“The recommendation by the Administrative Law Judge is the first step in the process leading to the Commission’s final ruling and has no immediate effect on the availability of Xbox 360 in the U.S. We remain confident the Commission will ultimately rule in Microsoft’s favor in this case and that Motorola will be held to its promise to make its standard essential patents available on fair and reasonable terms.”