Its not saying that they can take it away, just that Microsoft won't be able to sell anymore until they pay Motorola what they owe. Doubt it will go through, they will probably settle for a lesser but still significant lump sum of cash.
In reply to Falcon2049, #1: This article is about the judge who recommended that the Xbox be banned. It still has to go through another court where (I think) like five other judges will decide on the fate of Xbox sales. Most of the time, the 5 judges completely go against the recommendation. So, no worries!
I don't see why a phone company should be worried that the tech they supposedly created is being used in a console... If it was another phone company I can understand it. But we don't even know for sure if the patent thing would go through, sometimes using that stuff is free game under certain circumstances. And like mbrodine said, it would have to make it through a higher level of court before it actually got banned. And no politicians want to get murdered so I doubt it would happen.