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Motorola fails to secure Xbox 360 sales ban

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Motorola has failed to secure a sales ban on Microsoft's Xbox 360 console.

A US judge rejected the Google-owned company's claims that the computing giant should pay a higher fee for use of its connectivity and video-coding patents.

Xbox 360 Console
Motorola logo


Motorola insisted the console and related products should be pulled from shelves in the US and Germany, declaring that Microsoft should shell out $4 billion (£2.5bn) a year for the patents, rather than the $1 million it currently pays.

However, Judge James Robart ruled that the patents in question were of the Frand variety, critical to industry standards, and thus should be rented at a fair price.

"Because Motorola cannot show irreparable harm or that monetary damages would be inadequate, the court agrees with Microsoft that injunctive relief is improper in this matter," said Judge Robart.

A German court handed Motorola the right to ban Microsoft's Xbox 360, Internet Explorer and Windows Media Player products domestically back in May, but the phone-maker was unable to enforce the injunction with the backing of the Seattle court.

The jury will now attempt to reach a decision on what would be a fair price for Microsoft to pay for the patents, a ruling which could set a precedent within the technology industry.

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