ITC delays Microsoft Xbox 360 US import ban decision

A decision on whether or not Microsoft's Xbox 360 game console should be banned from being imported into the US has been delayed. Reuters reports that the full panel of the US International Trade Commission has sent the case back to its judge for reconsideration. That could put off a decision in the case by months.

David Shaw, a judge for the ITC, had previously ruled in April that the Xbox 360 had infringed on four patents owned by Motorola regarding the use of H.264 video encoding. In May, Judge Shaw recommended that the ITC place a ban on importing the 4 GB and 250 GB versions of the Xbox 360 S consoles into the US as a consequence of the console violating Motorola's patents.

The story gives no reasons while the full ITC board would send the case back to Judge Shaw. The board was previously expected to make a final decision on the Xbox 360 patent case in August. Earlier this month, a number of companies, including Apple, Cisco, HP, Nokia, Intel and Activision, wrote letters to the ITC requesting the organization not ban the Xbox 360 from being imported to the US.

US House of Representatives member Darrell Issa (R-CA) also wrote his own letter to the ITC supporting Microsoft, saying, "An exclusion order would eliminate the only U.S. based videogame console from a market."

Source: Reuters

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24 Comments

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Motorola does realize that Microsoft owns many of the h264 patents too.. If they wanna get into a ****ing contest, MS could just not renew their deals with Motorola to let them use their patents.. on ANYTHING.. Meaning no new Cable/Disk boxes, no new phones, tablets, etc.

Infact I'm not sure we know everything, as my understanding was each of the Companies with h264 patents already had deals in place giving each other company full access..

Ryoken said,
Motorola does realize that Microsoft owns many of the h264 patents too.. If they wanna get into a ****ing contest, MS could just not renew their deals with Motorola to let them use their patents.. on ANYTHING.. Meaning no new Cable/Disk boxes, no new phones, tablets, etc.

Infact I'm not sure we know everything, as my understanding was each of the Companies with h264 patents already had deals in place giving each other company full access..

I agree. Apple and Microsoft are paying licenses for h624 and they didn't invent it. As far as I am concerned the lawsuit needs to target the inventor but I guess that has no financial interest. I love how the ITC threw this back to the judge; I know governments like to screw around with Microsoft now and then but a ban on a US product in the US is as stupid as it gets. Unless Google is willing to pay for the loss of profit, lost jobs etc.
Xbox is too big to ban son
P.S.: please Microsoft counter with a lawsuit on those silly WWW patents you hold I would love to see how many companies you can screw up with them.

aviator189 said,
Pretty good news. Shows up moto and their $4bn annual price tag for FRAND patents...

Motorola/Google have been exposed for not negotiating in good faith. Their case is done.

I don't think MS would have even used H.264 if the patents were not FRAND patents. MS is often accused of not using standards but then this happens. Sometimes it's better to use your very own created tech.

calimike said,
I wish Microsoft make own video encoding not Motorola's patent H.264 for Xbox 720.

When Microsoft uses standards in its programs, they get sued for stupid reasons like this.

When they make their own formats and standards, they get blamed / sued for being anti-competitive.

Snake89 said,

Microsoft does have it's own video codec. It's called "VC-1".

And no one uses it. Does it even support 720 and 1080p encoding?

simplezz said,

And no one uses it. Does it even support 720 and 1080p encoding?

Yes.

It actually has better quality than h.264 and similar in price, however h.264 is designed to meet a variety of industry needs so its more configurable. So h.264 can be used for PMPs, smartphones, rips etc whereas VC-1 is pretty much just computers only.

Blu-ray discs / players support the VC-1 standard, so does the ps3 and 360 and so did HD-DVD.

Riva said,
Because Google bought Motorola. Google wants to destroy Microsoft

They sort of had to, didn't they? Motorola had 17k patents held against Google.

Riva said,
Because Google bought Motorola. Google wants to destroy Microsoft

No need to sue Microsoft for it. Does anyone have any idea what happens if Microsoft counters with the patterns it holds for the WWW?

Riva said,

No need to sue Microsoft for it. Does anyone have any idea what happens if Microsoft counters with the patterns it holds for the WWW?

Perhaps then the judicial system would come to its senses and stop issuing patents on silly things like a rectangle with a screen.

Riva said,
Because Google bought Motorola. Google wants to destroy Microsoft

Hardly. I think Google would be happy if Microsoft stopped extorting GNU/Linux and Android makers.

simplezz said,

Hardly. I think Google would be happy if Microsoft stopped extorting GNU/Linux and Android makers.

Microsoft isn't exorting Android manufacturers, it is merely asking them to license technology Google forgot to license. The only patents Google has to counter this are frand patents, the 12 billion to purchase motorola are wasted, Motorola will follow Htc, Samsung and others very very soon, and it will pay for stuff like activesync.

The Xbox 360 has been around for this long, and now they act? Or have they been doing this from the start and it's just taken them this long to get anywhere?

McKay said,
The Xbox 360 has been around for this long, and now they act? Or have they been doing this from the start and it's just taken them this long to get anywhere?

Everyone is just jumping on the sue bandwagon, since Apple can get away with this childish crap so can everyone else.

NoLiMiT06 said,
Everyone is just jumping on the sue bandwagon, since Apple can get away with this childish crap so can everyone else.

Sorry, but they likely don't give a damn what Apple is doing. Protecting what they have is just a means of business. If they succeed, it means they can get some sort of money from damages and so forth.

If you want to look at a real example of follow the leader, you can look at how Verizon followed AT&T's business plan of adding data caps. Then your comment would actually make sense...

McKay said,
The Xbox 360 has been around for this long, and now they act? Or have they been doing this from the start and it's just taken them this long to get anywhere?

One word, GOOGLE.
Google and Motorola have not paid MS anything for royalties on the android operating system and now they complain about this, Google are just utter pricks and should rot in hell.

korupt_one said,

One word, GOOGLE.
Google and Motorola have not paid MS anything for royalties on the android operating system and now they complain about this, Google are just utter pricks and should rot in hell.

So Microsoft suing/threatening every Android maker as well as GNU/Linux companies is fine, but when said companies fight back it's somehow wrong according to you?

Yeah right!

simplezz said,

So Microsoft suing/threatening every Android maker as well as GNU/Linux companies is fine, but when said companies fight back it's somehow wrong according to you?

It's ok for Motorola to ask for royalties. Microsoft just wants a fair and reasonable price to license them. They are FRAND patents, afterall.

rfirth said,

It's ok for Motorola to ask for royalties. Microsoft just wants a fair and reasonable price to license them. They are FRAND patents, afterall.

Microsoft is trying to have its cake and eat it. It wants to charge $15-20 per Android device, yet get Motorola's technology for a mere fraction of that.

You can argue FRAND all day long, but it doesn't change the fact that Microsoft is using double standards. All this will do is stop companies making their technology available under FRAND.

simplezz said,

Microsoft is trying to have its cake and eat it. It wants to charge $15-20 per Android device, yet get Motorola's technology for a mere fraction of that.

You can argue FRAND all day long, but it doesn't change the fact that Microsoft is using double standards. All this will do is stop companies making their technology available under FRAND.

Microsoft negotiates on good faith for between 5-15 US Dollars per Android device sold. Motorola/Google wants what 4 Billion US Dollars ? Moto/Google have been the ones exposed for NOT negotiating in good faith.