Administrative law judge David Shaw has recommended that the 4 GB and the 250 GB version of the Xbox 360 Slim console should be banned from sale in the United States.
The judge will meet with the commission in charge of the case in August and will make a final decision.
Motorola Mobility has sued Microsoft over breach of five of its patents, including video decoding technology and Wi-Fi implementation.
Microsoft has stated that the judge has not taken into account the interest of the public because if the Xbox 360 is banned from sale in the United States, gamers will be left with only two options, the PlayStation 3 and the Nintendo Wii, when it comes to buying home consoles.
Shaw has replied that intellectual property rights are more important than the economic impact of taking the console off the market.
A German court has already granted Motorola an injunction against distribution of Microsoft-made products in the country earlier during the month.