Motorola to USITC: Halt Xbox 360 Sales Please
Motorola Mobility wants the importation of Xbox 360 consoles to the United States barred until patent disputes are resolved.
Last month Motorola Mobility requested that the US International Trade Commission (USITC) halt the importation and sale of Microsoft's Xbox 360 in the United States (complaint). The request stems from a dispute between Motorola Mobility and Microsoft that claims the latter Redmond-based company of infringing on a number of its patents to make the popular gaming console.
It's speculated that Motorola Mobility's recent move is in response to Microsoft's lawsuit filed earlier this year. Although the console's Wi-Fi capabilities and several video codecs are licensed from Motorola Mobility, Microsoft said that Motorola Mobility broke its promise in regards to patent licensing by charging "royalties that are excessive and discriminatory." Microsoft asked the courts to determine the correct royalty rate and award compensation for Motorola Mobility's breach of contract.
However until the dispute is resolved, Motorola Mobility wants the sale of Microsoft's Xbox 360 console put on hold. "The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain gaming and entertainment consoles, related software, and components thereof that infringe patents asserted by the complainants," the USITC stated. "The complainants request that the USITC issue an exclusion order and cease and desist order."
Last week the USITC voted to investigate Motorola Mobility's complaint and said that it will likely conclude sometime in early 2011. The USITC is involved because the Xbox 360 consoles are manufactured in China and then imported into the United States. Currently there's no word if the USITC will actually enforce a cease and desist order.
Microsoft filed another complaint against Motorola Mobility back in October alleging patent infringements by the telco's Android smartphones. Apple, HTC and Nokia are also involved with USITC investigations as complainants and respondents. The USITC's overview document spanning the Apple/HTC/Microsoft/Motorola/Nokia patent drama can be read here.
Motorola Mobility CEO Sanjay Jha said back in October said that patent lawsuits are a part of the industry.
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FIRST!!!!!
This is ridiculous. Its like every company is suing each other to try and hurt the other company. What ever happened to just making a better product than the next person.
I can almost bet the patient court system has had enough of this kind of thing. I know I would.
This is ridiculous. Its like every company is suing each other to try and hurt the other company. What ever happened to just making a better product than the next person.I can almost bet the patient court system has had enough of this kind of thing. I know I would.
^Well said^
This is the same thing Chrysler Canada tried to pull in Canada. They cried "the japanese and european auto makers are making better sales than us. Ban their sales".
Obviously their complaints went unheard and obviously Chrysler still can't make their cars better. LOL
Tariff Act of 1930, how is that even relevant still 80 years later?
Well, Motorola may have to try making money off patent lawsuits, I haven't seen anything half-decent from them for quite awhile.
FIRST!!!!!
Weird, the quote box shows that you posted "FIRST!!!!!", but I'm pretty sure that what you meant to post was "TOTALLY SPENDING NEW YEAR'S EVE IN MY PARENTS' BASEMENT ALONE!!!!!"
what would it matter to Motorola anyways? SOO many people already have bought an xbox in the last 5 years.
So they make royalties on every XBox sold....
So by hurting MS' sales by blocking imports...they're going to make less royalties should the courts rule in their favor, since court rulings usually force the loser to pay for everything even before the settlement.
It sounds like Sanjay already doesn't expect he'll win, and he's just trying to hurt MS on the way out.
I sue you, you sue me. Then everyone sue each other together. Such a happy family.
"I sue you, you sue me. We are a big happy family, with great big sue from me and you. Won't you say you love me too."
/sarcasm
Its a stupid request. Normally specific relief, such as an injunction, is only granted if monetary damages won't suffice. In this case, they are suing Microsoft, a company which could easily buy out Motorola in its entirety with cash. As such, liquid damages should be all that the courts would consider.
Of course that's probably why they are trying to go around the court system and attempt to get this done through some idiot government agency which is probably ran by morons, like most of the government.
dear sdfdsfsd..get a life..and stop spamming toms ffs :@
that pic might be my next avatar..
^Well said^This is the same thing Chrysler Canada tried to pull in Canada. They cried "the japanese and european auto makers are making better sales than us. Ban their sales".Obviously their complaints went unheard and obviously Chrysler still can't make their cars better. LOL
Not quite the same deal. The foreign auto companies in Japan have been convicted of dumping autos on our side of the pond at even below cost to corner the market, tariff-free (while we pay ridiculous duties to enter their market).
That's a pot-calling-the-kettle-black situation, this round of trying to out-sue each other is why I firmly believe patents should have a five year limit, and must EXACTLY describe a DEVICE being patented. This bull of patenting an "idea" to stick in their back-pocket 'just in case' is ruining the whole inventive concept.
if you are looking for one better go buy it!!! Nah, I don't think so, the government makes taxes off the sale of said console. I think this request will be denied .
should have used OGG
You should have to have a working unit of whatever it is you're trying to patent. Being able to just patent an idea to have for later is killing the system.
motorola wants to bring their own console in market.
this is just the publicity..
WTF... eventually the USA Electronics industry will become the dead-locked US Senate. Everyone block everyone until nobody can buy anything.
its getting old.
But not as much as this spam... now with teabaggers!
Tariff Act of 1930, how is that even relevant still 80 years later?Well, Motorola may have to try making money off patent lawsuits, I haven't seen anything half-decent from them for quite awhile.
Yup, that Act was a flash in the pan and has been amended anyways.
I doubt the court system has had enough, mostly because there are probably patent troll layers that are making a KILLING through these low blow lawsuit wars.
The Ideology of companies nowadays is the following:
Come out with new product, project sales capital, sell product, then when the product doesn't sell as projected, find some patent(s) and sue some company(ies) "infringing" on the patent(s) for the amount of the difference between projected sales and actual sales, or more.
Business ethics...what business ethics?
Didn't another company try the same thing with Office 2010 or 2007 before? And they actually managed to force Microsoft to change an aspect of Office with that threat.
Weird, the quote box shows that you posted "FIRST!!!!!", but I'm pretty sure that what you meant to post was "TOTALLY SPENDING NEW YEAR'S EVE IN MY PARENTS' BASEMENT ALONE!!!!!"
Lmao. The same thing could be said about you, FYI.
Didn't another company try the same thing with Office 2010 or 2007 before? And they actually managed to force Microsoft to change an aspect of Office with that threat.
Yeah, M$FT also had to pay $300 million to i4i for patent infringements in Office 2007 (if my memory serves me right). They managed to stop sales of Office, although that was stayed before going into effect.