By Jonathan Charles | Jul 03, 2012 09:58 AM EDT
The proposed ban on the Xbox 360 video game console by Motorola/Google has been postponed, being sent to judge David Shaw for reconsideration. The ban would cover 4GB and 250GB versions of the console.
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Reuters reported a final decision will be reached in August. As Mobile & Apps has previously reported, the International Trade Commission has the capability to ban devices from going on sale.
However a final decision could take months, even heading into 2013.
Motorola, owned by Google, claimed the Xbox 360 infringed on patents covering wireless technology and video compression technology.
It was expected the gaming console would be banned and quickly return to store shelves: that's exactly what happened in Germany when the console was banned from going on sale.
Banning the console could be a blow for Microsoft, especially in the summer when game releases are traditionally quiet. Microsoft pitches the device as an all-in-one media machine, so leveraging that capability when games aren't releasing could help to drive sales.
The Federal Trade Commission has also written to the ITC claiming banning the console would cause "substantial harm" to consumers and competition. Wouldn't it do less damage to competition as Sony, particularly, would have the only HD console on the market?
The FTC also said more companies shouldn't be able to block products: outside of the video game industry, a ban has been issued on the Samsung Galaxy Nexus by Apple, and the Samsung Galaxy Tabs were also the subject of bans because of the similarities to the iPad.
FRAND - fair, reasonable and non-discriminatory - rules cover patents. It ensures consumers are getting a fair choice of devices, and Microsoft claimed the patents comply with FRAND rules.
"Today's decision by the Commission directs the judge to re-consider arguments made by Microsoft. In our view this should result in dismissal of Motorola's entire case against the Xbox. On three patents the commission directed the judge to apply clear legal authority that should result in dismissal of these patents," Microsoft said in a statement following the news.
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