Following up on a previous ruling, which deemed Microsoft in violation of Motorola WiFi and video codec patents, judge David Shaw has recommended against the continued sale of the Xbox 360 in the United States, according to MCV. Should Microsoft be deemed in infringement of existing patents, it would threaten the possibility of selling consoles using that tech.

"Enforcing intellectual property rights outweighs any potential economic impact on video game console buyers," said Shaw.
This movement isn't a decision, but it could influence the International Trade Commission's final decision in the case. If the ITC happens to agree with Shaw's call, the verdict will move up to the White House, where the decision to halt sales will be at the whim of President Barack Obama and his advisers.

With the Xbox 360 and Windows 7 having been banned in Germany this month, it's not a far cry to say Microsoft's infringement on Motorola Mobility's intellectual property could affect the States.

Microsoft argued to Shaw that a United States ban would be unfair to consumers, who would have limited options. Shaw declared Nintendo and Sony could pick up the slack.

We've reached out to Microsoft for a reaction, and will have more on this case as it draws to a close.

Update: A Microsoft representative stated, "the full Commission will rule on this in August, and until that time, nothing will change." As such, IGN received the following statement, which is identical to the original comment from last month:

“The recommendation by the Administrative Law Judge is the first step in the process leading to the Commission’s final ruling. We remain confident the Commission will ultimately rule in Microsoft’s favor in this case and that Motorola will be held to its promise to make its standard essential patents available on fair and reasonable terms.”



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