The Xbox 360 ban won't be occurring this year and possibly never after the International Trade Commission issued a remand (change of the original court's decision) which states the future of the Xbox 360 now rests in a new lawsuit being heard in Seattle.
Microsoft is counter-suing both Motorola and Google in Seattle over the original court decision which suggested a ban to be made.
According to the changes made by the ITC, If Motorola and Microsoft agree to settle in the second case or Microsoft wins which both are currently expected, it would void the ban from the original court decision.
Quote:
According to Florian Mueller, the initial recommendation for a ban by Administrative Law Judge David Shaw is being altered by the ITC with a “remand”—basically, a mandatory change of the judge’s original ruling:
This remand causes substantial delay, and time is not on Google’s side: in mid-November, less than five months from now, Microsoft’s FRAND enforcement lawsuit against Motorola will go to trial in Seattle. The outcome of that litigation is going to be a license agreement on terms set by the court. Once Microsoft is licensed, there is no more scope of import bans.
Since one court case directly affects the other, the patent violation cited by Google/Motorola would be swept under the rug if Microsoft won their Seattle case ...
For their part, Motorola must’ve sensed that something like this would happen, as they already approached Microsoft about reaching a settlement. Microsoft’s legal team apparently smelled blood, utterly rejecting Motorola Mobility’s terms.
Since there will now have to be a new ALJ determination, which may easily take several months, followed by a Commission review and, potentially, a 60-day Presidential review before any import ban can enter into force, it’s practically impossible that Google can actually get an ITC import ban before the Seattle lawsuit takes care of the standard-essential patents at issue in this investigation (all of the asserted patents with only one exception).
Even with respect to the non-standard-essential patent (which Microsoft is presumably able to work around), the remand means that there won’t be a U.S. import ban on the Xbox in 2012, including the extremely important Christmas Selling Season.
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http://www.egmnow.com/articles/news/...happen-at-all/
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Daily Recap:
1) This month's game rewards on Club Nintendo include Mario Tennis from the Wii Virtual Console (till July 22) and Electroplankton from the 3DS eshop (till July 15).
http://www.screwattack.com/news/club...e-rewards-july
2) Sony has bought out streaming and cloud-based service company Gaikai for the price of $380 million but will still take months for Sony to fully implement the service onto PSN.
http://www.giantbomb.com/news/sony-g...purchase/4250/
3) Seth Killian has been hired by Sony's Santa Monica studio with his first task to help out on the development of Playstation All-stars Battle Royale game for the PS3 and Vita.
http://www.giantbomb.com/news/seth-k...-at-sony/4251/