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Fortune
Fortune
Andrei Iancu, David J. Kappos

Biden must decide whether patent-infringing Apple watches can be imported into the U.S. from China by Christmas–but Congress could neuter America’s ability to protect its IP altogether

The U.S. International Trade Commission (ITC) recently issued an order that could prohibit imports of some Apple Watch products. The ruling is now subject to President Biden's review, who must decide whether to allow or veto the ban by Dec. 25.

The quasi-judicial body, which adjudicates trade-related disputes, found that Apple infringes on blood-oxygen-monitoring technology invented by Masimo, a smaller California-based medical technology company. Meanwhile, Apple claimed that Masimo is trying to keep Apple Watches from U.S. consumers, "while making way for their own watch that copies Apple."

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