ITC Judge Bans Xbox

By simplezz
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Grand Master

simplezz

Posted
Posted

ITC judge recommends import ban on Microsoft's Xbox

An administrative law judge for the International Trade Commission issued a recommendation that the commission ban 4GB and 250 GB Xbox gaming consoles from import to the United States. The recommendation(PDF) was released to the public on Monday, and would punish Microsoft for infringing against some of Motorola?s patents. The patents permit video transmission and compression on the console and between the console and its controllers.

Not all import bans are created equal though. In Judge David Shaw?s statement, he suggested a cease and desist order be placed against Microsoft. It would, "require the respondent to submit an annual report to the Commission regarding the number and value of infringing goods in its domestic inventory," according to the authors of ITC Remedial Orders in the Real World(PDF). "Failing to do so, or providing false information in the report, may lead to criminal prosecution under 18 U.S.C. ? 1001." The cease-and-desist order is more strict than a standard exclusion order, which would simply require US customs agents to keep tabs on Microsoft?s activities.

Judge Shaw also ordered "that Microsoft post a bond equal to 7 percent of the declared value of unsold Xbox inventory already in the country," according to Courthouse News.

Source [Ars Technica]

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Grand Master

HSoft

Posted
Posted

Confused by this. Motorola has a patent for video transmission and compression on the console? Wouldn't this then apply to DVRs, DVD recorders, Blu Ray players, TVs etc. etc.? Woudn't there be prior art?

Video transmission to controllers doesn't apply here as there is no video on an xbox controller (would affect the new wii however).

Grand Master

BajiRav

Posted
Posted

From: IGN

A Microsoft representative stated, "the full Commission will rule on this in August, and until that time, nothing will change." As such, IGN received the following statement, which is identical to the original comment from last month:

?The recommendation by the Administrative Law Judge is the first step in the process leading to the Commission?s final ruling. 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.?

Grand Master

BajiRav

Posted
Posted

I'm also really confused as to why the Xbox was singled out here.

  1. Microsoft sued Motorola for unlicensed patents
  2. Motorola sued back Microsoft MPEG-LA licensed patents.

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Grand Master

Astra.Xtreme

Posted
Posted
  1. Microsoft sued Motorola for unlicensed patents
  2. Motorola sued back Microsoft MPEG-LA licensed patents.

Okay, I can believe that. All these patent wars seem to be is one company trying to get back at the other.

I'm sure the lawyers love it, but I bet the judges are sick of it.

Experienced

georgevella

Posted
Posted

Okay, I can believe that. All these patent wars seem to be is one company trying to get back at the other.

I'm sure the lawyers love it, but I bet the judges are sick of it.

Some lawyer/rep for Motorola said something along the lines of "we are getting back at them because of the licensing agreements MS was doing with Android manufacturers". Dunno the exact quote or the article in question but this was around the time of the first ruling/judgment/consideration that the xbox should be banned (a couple of weeks ago).

Correct me if wrong but this started when MS complained about the (unfair?) pricing of Moto's FRAND video licenses right?

Grand Master

HawkMan

Posted
Posted
  1. Microsoft sued Motorola for unlicensed patents
  2. Motorola sued back Microsoft MPEG-LA licensed patents.

They where not unlicensed, they where licensed under the common low rate FRAND terms,

Motorola just might make FRAND worthless. which is far worse for them than anyone else if they succeed. they need others FRAND licenses far more than others need theirs.

Grand Master

simplezz

Posted
  • Author
Posted

Correct me if wrong but this started when MS complained about the (unfair?) pricing of Moto's FRAND video licenses right?

Actually Microsoft sued Motorola over it rather than just paying up as Android OEM's did. I can't say Microsoft didn't have this coming though. You can't go around suing/threatening everyone then complain when the same happens to you.

On a brighter note, Sony and Nintendo must be jumping with joy :)

Grand Master

BajiRav

Posted
Posted

They where not unlicensed, they where licensed under the common low rate FRAND terms,

Motorola just might make FRAND worthless. which is far worse for them than anyone else if they succeed. they need others FRAND licenses far more than others need theirs.

? I did say that Microsoft had licensed the FRAND patents but motoroloa still sued them.

Grand Master

HawkMan

Posted
Posted

Actually Microsoft sued Motorola over it rather than just paying up as Android OEM's did. I can't say Microsoft didn't have this coming though. You can't go around suing/threatening everyone then complain when the same happens to you.

On a brighter note, Sony and Nintendo must be jumping with joy :)

you're sentence doesn't make sense and is all distorted, and whileI think I know what you're trying to say, that's also wrong.

MS did try to make a deal with Motorola, Motorola refused, there's was a short back and forth before MS sued because Motorola wouldn't pay a small fair price for the patents like every other OEM.

MEanwhile all of MS' demands have been a fair license price. meanwhile Motorola, besides suing over FRAND patents, are also demanding ridiculous prices that are what, 50% the valule of the xbox...

Grand Master

HawkMan

Posted
Posted

On a brighter note, Sony and Nintendo must be jumping with joy :)

They shouldn't be, if this lawsuit is successful, and for the laqsuit to have any validity, both of those(seeing as they use the same h.264 stuff) will have to pay the same patents.

luckily that this will never actually go anywhere in reality though. at best it'll be settled for a bare percentage of the ridiculous suit, or it'll eventually be thrown out when they get some actual tech judges and not just the general idiots who don't know what they're doing.

Grand Master

TEX4S

Posted
Posted

My father's company was involved in a $200,000,000 intellectual property infringement (NAC vs Plastipak) - it boiled down to the use of 1 word... "generally"

Right and wrong dont matter, only thing that matters is how good your lawyer's relationship is with the judge - thats it.

Grand Master

simplezz

Posted
  • Author
Posted

you're sentence doesn't make sense and is all distorted, and whileI think I know what you're trying to say, that's also wrong.

Seems fine to me.

MS did try to make a deal with Motorola, Motorola refused

Microsoft wants to charge $15 per device that uses Android. Motorola is asking for what? $25 for a laptop and something similar for the Xbox. Sounds fair.

, there's was a short back and forth before MS sued because Motorola wouldn't pay a small fair price for the patents like every other OEM.

Do you have the minutes of the meeting as well? ;)

MEanwhile all of MS' demands have been a fair license price.

And Motorola is asking for an equally fair licence price too.

meanwhile Motorola, besides suing over FRAND patents, are also demanding ridiculous prices that are what, 50% the valule of the xbox...

What goes around comes around. So it's okay if Microsoft does it, but unfair when others respond commensurately?

Grand Master

HawkMan

Posted
Posted

Microsoft wants to charge $15 per device that uses Android. Motorola is asking for what? $25 for a laptop and something similar for the Xbox. Sounds fair.

Try one third of that, some partners get a better deal. so not really. and besides that, most phones are at least twice the price of an xbox today. both of these on their own makes the rest of your post irrelevant.

Grand Master

Noir Angel

Posted
Posted

Right and wrong rarely if ever matter in the corporate world, it's all a cut-throat little world of "I better crush my opposition before they crush me". The lack of ethics here isn't new, it's just taking a different form.

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