If Judge David Shaw has his way, the Xbox 360 S model could be banned from being sold in the US. This latest turn of events in the Motorla vs. Microsoft patent infringement lawsuit came about when Shaw offered his recommendation to the International Trade Commission. Previously found to have been in violation of four patents, Microsoft would have to cease all sales of 4GB and 250GB consoles, as well as paying a bond worth 7% of all unsold 360 stock currently available.

Microsoft tried to argue the issue, stating such a decision doesn’t serve public interest. However, Judge Shaw argued back saying enforcing intellectual property rights outweighs any potential economic impact on video game consol buyers. The judge also added he believed Microsoft showed insufficient evidence that Sony and Nintendo could not satisfy consumer demand for consoles.

While this may seem like a dire day for the future of the Xbox 360, Judge Shaw’s recommendation is merely that; a recommendation. It’s not a ruling. That said, according to Court House News, should Judge Shaw’s recommendation become final, there is a 60-day period wherein President Barack Obama can review the decision, and overturn it should he find it necessary and fair to do so. Before any of that happens though, the ITC will have to decide whether to let Judge Shaw’s recommendation stand, or whether or not to amend it after further consideration.

SOURCE: Motorola lawsuit judge recommends Xbox 360 S sales ban in US [Gamasutra]