Judge David Shaw from the International Trade Commission has suggested that a cease and desist order should be issued to ban the importation of the Microsoft Xbox 360 Slim 4GB and 250GB models into the US.
He also stated that Microsoft should post a bond equivalent to seven per cent of the value of unsold Xbox 360 consoles currently in the US, because in his opinion, they infringe upon multiple patents owned by Motorola.
Four patents are apparently infringed upon by the specified 360 models due to technology behind the way the units are able decode media and video content to which Motorola claim ownership to.
Microsoft blasted the suggestion stating that the ban would not serve the public interest in any shape or form because it would leave consumers with a choice of only two consoles the Nintendo Wii and the Sony PlayStation 3. Microsoft’s claims were dismissed by the judge stating enforcing intellectual copyright is more important and that Nintendo and Sony would be able to cope with the increased demand.
Microsoft suggested the cited seven per cent bond was unreasonable and suggested a two and a half per cent bond as a compromise however Motorola have requested a staggering one hundred per cent bond for all un sold Xbox 360s currently in the US.
A German court has already ruled in favour of Motorola, granting an injunction prohibiting sales of the console in the country. A temporary restraining order preventing Motorola from enforcing that decision was raised.