March 23, 2013
ITC Judge Rules Xbox Does Not Violate Motorola Patents
redOrbit Staff & Wire Reports - Your Universe Online
In a one-paragraph decision handed down Friday, Judge David Shaw said the method used to facilitate communication between the Xbox hardware and its accessories does not infringe upon the telecommunications equipment company's patents, explained Bloomberg´s Susan Decker.
According to Donna Tam of CNET, the ruling is a reversal of an earlier decision by Shaw. In May, Tam said the ITC judge “ruled“¦ that Microsoft's Xbox 360 S video game console did infringe Motorola's parents and should be banned from import into the US. But the commission sent the case back to Shaw and told him to reconsider while keeping in mind a new precedent set by an unrelated case.”
The case will now be reviewed by the commission´s full six-member body, with the ITC´s final determination coming on July 23, according to CNET and the Seattle Times.
Should Shaw´s decision be upheld, it would make it impossible for the Google affiliate to be granted their requested import ban on the Redmond, Washington-based tech giant´s popular home video game system.
The case dates back to November 2010, before Motorola was acquired by Google. Motorola filed suit against Microsoft claiming they were infringing upon five wireless technology and video coding patents in both the Xbox and in Microsoft-brand smartphones, Tam said.
Since the initial lawsuit, two of the patents expired, and two more were later dropped by Google because they were considered to cover industry standard technology.
“We are pleased with the Administrative Law Judge´s finding that Microsoft did not violate Motorola´s patent and are confident that this determination will be affirmed by the Commission,” David Howard, Microsoft´s corporate vice president and deputy general counsel, told reporters in a statement issued following Shaw´s decision.
"We are disappointed with today's determination and look forward to the full commission's review," countered Google spokesman Matt Kallman.