Sales of consoles already in the United States should be banned by a cease-and-desist order, Shaw says. On top of this, the judge recommends Microsoft pay Motorola 7 percent of the value of any unsold consoles in the U.S.
Microsoft argues that Shaw's order to ban the import of Xbox 360 consoles would hurt consumers, as it would leave interested buyers with only two options: the PlayStation 3 or the Nintendo Wii. Shaw rejected this assertion, noting the public interest in enforcing intellectual property rights trumps any "economical impact" on console buyers.
Should ITC commissioners agree with Shaw's recommendation, President Barack Obama and advisors will have 60 days to review the decision, the site reports. After this time, whatever is decided can be appealed.
Last month, Shaw ruled that the Xbox 360 violated a string of patents Motorola holds for video decoding, Wi-Fi connection, and console-to-accessory connections. And earlier this month, a German court decision banned the sale of Xbox 360 consoles in that country, though it had no immediate effect, because Microsoft was granted a preliminary injunction.
The ITC is expected to conclude its investigation by August 23.
