Anyone who has been following the case of Motorola v. Microsoft knows that the Xbox 360 has already been banned from sale in Germany and now if  International Trade Commision Judge David Shaw has his way it could possibly be in the United States also.

The courts case between Motorola and Microsoft has been going on since 2010, with Motorola claiming that Microsoft violated 5 patents. Judge David Shaw has ruled in favor of Motorola, and says he believes that all importing of the 250 gb and 4 gbconsoles into the U.S. should be suspended immediately.  He also stated that Microsoft should have to pay 7% of what each console sells for of the unsold consoles remaining in stores to Motorola.  Any consoles already imported and not sold would also be barred from being sold.  Microsoft has protested this ruling, saying a ban would hurt competition but Judge Shaw states ” enforcing intellectual property rights outweighs any potential economic impact on video game console sales”.

Shaw will still need to get the ITC’s commissioners to agree with him, if they do their recommendation would end up on the desk of President Obama.  The President would then have 60 days to review it with his advisors.

Any updates on the situation will be reported on as the news comes in.

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