In the latest development in the current patent battle between Microsoft and Motorola, it looks like Motorola is the winner. The Courthouse News Service is reporting that a judge has recommended that the International Trade Commission place a ban of importing the 4 GB and 250 GB versions of the Xbox 360 S consoles into the US for violating Motorola patents.
Judge David Shaw had previously ruled that the Xbox 360 had infringed on four patents owned by Motorola regarding the use of H.264 video encoding. Today"s recommendation by Shaw also included one that would place a cease-and-desist order on the sales of those consoles. Not only that, but the judge also ruled that Microsoft should post a bond equal to seven percent of the value of all the currently unsold Xbox 360 units in the US.
The judge"s ruling now goes to the ITC commissioners, who can allow the judge"s determinations to stand. The can also reject the recommendations, change them or send them back for more consideration. If the commissioners do allow the recommendations to stand, they will then get a 60 day review by President Barack Obama. If he lets the recommendations stand, Microsoft will then have to go to a federal appeals court to challenge the decision.