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Xbox Brand Xbox 360 may be banned in US

Merc

Problematic Shitlord
V.I.P.
Did you miss the "transmission of video content" part?

Besides, it's not just the 360 that this lawsuit is about. These two have been fighting over cell phone technology for years now the 360 is getting dragged into it.
 

Nevyrmoore

AKA Ass-Bandit
Hopefully, the ITC will disagree with the idea of banning the sale of the console, and will leave it up to a bond and a licence fee. That being said, not sure how much of a blow a ban would be to MS at this point.
 

Ziggy

Sup?
Well I mean I'm in Aus so I can still go out and buy a 360 for the immediate future but I doubt that they will outright band the sale of the xbox. I mean if they did that then I think we'll start seeing companies using patents to get competing hardware and software off the market.
 

Radium

Registered Member
As much as I hate to say it, if Microsoft did in fact impede on five patents as they are accused... I think they need to pay some type of severance to Motorola. I haven't looked to much into it so I don't honestly know which is true... I can only estimate that the 360 will not go off the shelf.. There is too much of a market for it that I just can't see it happening...

Sony would love for it to happen I suppose, lol
 

Swiftstrike

Registered Member
Does anyone know anything about the ITC? It is a domestic commission whose purpose is to review cases regarding international trade violations. It is under jurisdiction of the Department of Commerce (DOC) who has the final say on its review decisions.

Notably, the ITC mostly deals with interstate violations. This includes dumping, patent infringement, introduction of tariffs, quota limitations, etc. In most cases these are interstate conflicts between MNCs from different countries and the US (China vs US Japan vs US etc).

Filing a claim with the ITC is actually quite simple it just requires a complaint from the major players in the domestic market. That being said, the ITC has a strong tendency to rule in favor of the domestic industry. The review process can take up to three years and even then the DOC still has final approval in the ruling.

With Motorola accusing Microsoft imports from China of violating a patent law, history would suggest it would rule in favor of Motorola. However, Microsoft would simply shift its production to its US facilities - placing Motorola's complaint outside of the jurisdiction of the ITC. In which case all of this litigation shifts to the domestic courts.

Motorola must be desperate to gain some sort of compensatory damages from Microsoft since going to the ITC might guarantee them a small victory...but in the end it won't stop production of the xbox.

It must have been a slow news day since the liklihood of such a frivolous dispute making it to the President's office or that 360s will become a scarce commodity is virtually zero.
 
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