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> The U.S. International Trade Commission (ITC) on Thursday issued an order that could bar Apple (AAPL.O) from importing its Apple Watches after finding the de
by saghm 3y ago
> The U.S. International Trade Commission (ITC) on Thursday issued an order that could bar Apple (AAPL.O) from importing its Apple Watches after finding the devices violate medical technology company Masimo's (MASI.O) patent rights.
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> President Joe Biden's administration will have 60 days to decide whether to veto the import ban based on policy concerns before it goes into effect. Presidents have rarely vetoed bans in the past.
I wasn't aware that the president has the power to veto bans of products based on patent infringement. I don't see anything about it in the Wikipedia article for U.S. patent law[1] either. Anyone have any idea where this power comes from, and when it has been used in the past? I'm kind of surprised that this is a thing, and I'm curious about whether a veto is "permanent" or for a set length of time; I'd expect that this sort of thing couldn't be used to avoid enforcing a patent indefinitely, although maybe it just "expires" if another president decides not to continue "vetoing" it.
[1]: https://en.wikipedia.org/wiki/United_States_patent_law https://en.wikipedia.org/wiki/United_States_patent_law
- derefr 3y agoI would presume that the President actually has implicit veto power over the decisions made by any regulatory department placed under the executive by Congress — which in this case includes the Patent Office (part of the Department of Commerce.) or, to put that a other way, the President’s ability to override any military order as Commander-in-Chief, generalizes to the civilian operations of the executive branch (as “CEO of the Executive”) as well.
- iudqnolq 3y agoIt's not that simple. See for example the Administrative Procedures Act.
- SllX 3y agoIt appears to be a specific provision of Section 337 of the Tariff Act of 1930 as modified by the Trade Act of 1974. Specifically, the U.S. Trade Representative can disapprove of the ruling for policy (read: political) reasons. [1] However since she works for the President, the President can order the U.S. Trade Representative to execute this function of her office. [1] https://www.usitc.gov/press_room/us337.htm#:~:text=Under%20section%20337%2C%20the%20USITC,unlawful%20practice%20in%20import%20trade https://www.usitc.gov/press_room/us337.htm#:~:text=Under%20s....
- gene91 3y agoThis is from 2013. President Obama Vetoes ITC Ban On iPhone, iPads; Apple Happy, Samsung Not https://www.forbes.com/sites/connieguglielmo/2013/08/03/president-obama-vetoes-itc-ban-on-iphone-ipads-apple-happy-samsung-not/ https://www.forbes.com/sites/connieguglielmo/2013/08/03/pres...
- smelendez 3y agoIt’s specific to the law around this import ban procedure: https://www.law.cornell.edu/uscode/text/19/1337 https://www.law.cornell.edu/uscode/text/19/1337