With the US International Trade Commission set to decide whether to ban imports of Microsoft's Xbox 360 game console, a team of rivals including Apple, Nokia, Intel, Activision, HP, and Cisco have written to the ITC pleading that it not stop sales of the product. Numerous members of the US House of Representatives weighed in on Microsoft's behalf as well.
An ITC administrative law judge recently recommended that the commission ban the 4GB and 250GB versions of the Xbox console, due to the violation of standards-essential, video-related patents held by Motorola Mobility, which is now a division of Google. With a final decision pending, an IP attorney representing Apple, Mark Davis, wrote to the commission on June 8, saying that Motorola committed to license patents under fair, reasonable, and non-discriminatory terms (FRAND), but is circumventing FRAND requirements in suing Microsoft (as well as in suing Apple in similar cases).
"Apple respectfully submits that any exclusion order directed against Microsoft would significantly undermine the standards-setting process and frustrate the purpose of FRAND," Davis wrote (Scribd link). More testimonials on the Xbox's behalf came from Activision, Nokia, HP, Cisco, and Intel, all saying the public interest outweighs the concerns of Motorola.
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