I guess it is "tradition" when a product violates a patent the judge recommends that the item be banned, then hands it over to the board for their sentence. It much like in small claims court they review the case and the clerk of courts decides wether or not the case should be heard by a judge. In this case to find wether or not the ITC board should pass judgement. But the ITC hasn't ever banned an item because they take into consideration market repercussions in doing so. The board will more than likely make a ruling that Microsoft will have to pay x amount of dollars and y% of profit from the 360 going forth from this point though, which is usually what happens.
http://kotaku.com/5912893/relax-the-xbox-360-probably-isnt-going-to-be-banned
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