AliveCor Files Antitrust Suit Against Apple for Preventing Third-Party Irregular Heart Rhythm Analysis on Apple Watch

[Cosmosent]

1.) They appear to have a compelling case.

2.) Again, the BIG picture, if the Judge in the Epic vs Apple court case ALSO gets wind of this one, Apple's App Store position has been weakened !

When the Epic court case ended, I would have said Epic had a 10-15% chance of winning out-right, & that there is a 40% chance OR so that the Judge would find some middle ground solution.

Now, chances of that middle ground solution might be as high as 80% !

Since the ruling could come as late as mid-August, that number might go to 100% over the next few weeks OR months !

It may be in Apple's best interest to immediately become pro-active, & define that middle-ground solution BEFORE the Judge does !

If full-blown third-party App Stores become allowed, Apple's stock will take a 1/3 hit !

 

[subi257]

Apple is pulling an Amazon.

See something successful? Copy it and kill competition.

Let the competition work harder

 

[Duane Martin]

They need to start handing out shirts that say "I sued Apple and all I got was this T-Shirt"

That is great! Made my day.

Of course, the complaint is not about copying but rather that Apple made changes that made the AliveCor application no longer functional. If they could find an email exchange at Apple stating the changes were made to disable the competition then they probably have a case. Otherwise this could be a hard sell in court as there are lots of reasons to change software and hardware.

 

[Cosmosent]

Totally. If you don't want to worry about others rules, don't build on their platform. It's that simple.

You see businesses complain that Facebook changed things and now their posts don't get seen by as many people. I'm not a Facebook fan, but they never promised those businesses a thing and never promised things wouldn't change. They don't owe those businesses anything. If you don't like their rules, don't build on their platform. Build your own. Have your own app or website. But don't be surprised if the rules change when you're on someone else's platform. It's like moving into an apartment and expecting rent will never increase and there will never be any changes to things.

I disagree with your analogy.

I see it more like moving into a new neighborhood that you initially think is very friendly, ONLY to later find out that the guy living next door is jealous of something you did OR have, & starts bullying you because of it !

Make NO mistake, Apple intentionally suppresses third-party app innovation for its own benefit.

And,
it ONLY happens when an App Dev or Engineering-based company has made a significant Engineering Accomplishment !

Otherwise, Apple could care less !

 

[gatorvet96]

Calendar makes should sue because people no longer need them
Texas Instruments because no longer need calculators
Canon and Nikon because people don’t need cameras.
Goes on and on. Tech moves forward and either adapt or fail.

 

[jarman92]

Is suing Apple a trendy thing right now? It feels like everyone and their grandmother are out suing Apple nowadays.

Yes. They sense blood in the water and they're all getting in on the action.

 

[jarman92]

No strong opinions on this one either way, but the claim that "Apple saw the success of the KardiaBand and changed the functionality of watchOS" is absolutely hysterical. 😂

Apple probably sells more Watches in a day than AliveCor has ever sold KardiaBands.

 

[subi257]

I’m going to sew Apple as well for blooming on my iPad APir

what are you guys going to sew Apple for?

Huh?

 

[ralphdaily]

I used to have AliveCor device. They made their money selling mediocre analysis of heart rhythm at a high price for each reading. The Apple Watch analysis is as good or better at no cost.

 

[WiseAJ]

That is great! Made my day.

Of course, the complaint is not about copying but rather that Apple made changes that made the AliveCor application no longer functional. If they could find an email exchange at Apple stating the changes were made to disable the competition then they probably have a case. Otherwise this could be a hard sell in court as there are lots of reasons to change software and hardware.

Exactly, the algorithm probably changed with the Series 4 watch because the sensor in the watch itself was changed and updated to add the more ECG capabilities.

Another possibility is that maybe privacy requirements with getting it FDA approved required them to lock down the information further.

I doubt they can prove that Apple intentionally changed it just to specifically harm them and prevent their app from working. That is just an unfortunate for them side effect.

 

[I7guy]

Apple is pulling an Amazon.

See something successful? Copy it and kill competition.

Sure. That is absolutely what Apple should be doing now giving they are under a microscope. /s

 

[spazzcat]

1.) They appear to have a compelling case.

2.) Again, the BIG picture, if the Judge in the Epic vs Apple court case ALSO gets wind of this one, Apple's App Store position has been weakened !

When the Epic court case ended, I would have said Epic had a 10-15% chance of winning out-right, & that there is a 40% chance OR so that the Judge would find some middle ground solution.

Now, chances of that middle ground solution might be as high as 80% !

Since the ruling could come as late as mid-August, that number might go to 100% over the next few weeks OR months !

It may be in Apple's best interest to immediately become pro-active, & define that middle-ground solution BEFORE the Judge does !

If full-blown third-party App Stores become allowed, Apple's stock will take a 1/3 hit !

Apple no obligation to build hardware for your software.

 

[J InTech82]

So, to all the people who think Apple is in the wrong here I have a question; is Apple supposed to stand still in the water and not make compelling and competitive products while the market around them builds onto Apple's technology? Is Apple merely supposed to develop a smart phone, or smart watch, only for other third parties to tackle better technology onto Apple's hardware?

Apple products are successful because they just work and people like them. I choose not to go with product XYZ because product Apple works for me. This is my choice and I should have the choice to choose. I know that Apple has essentially eliminated this product from working with the Apple Watch and that's what this suit is about but given that it is health related, it is easy to see why. Doesn't mean the company in question does not support other platforms, or their own, which still work just fine.

 

[Program_Install]

They all want in on the Apple train, and when Apple says “no”, they cry and sue. Create your own platform if you don’t like it, you are free to do so.

 

[haydn!]

I'm sure they'll have a hard time proving Apple introduced these features and changes in direct reponse to their band and application. Especially as we know that Apple is typically working on hardware and OS iterations atleast 12-18 months before they see daylight. Add in the fact the developer agreement makes no promises to what features/API's will be available and specifically calls out Apple's right to change/withdraw API's at any time, I see this going nowhere.

 

[ChrisGerber87]

I have held the same opinion since my first Apple device. Apple has developed a product and allows companies to make things for their products and not for others. If people are upset that Apple doesn't let them do something then go do it yourself and go make your own phone or watch. If i have an app and i don't want it in the app store then don't sell the app. Etc Etc. This is the same thing wrong with the Epic trial. Don't offer your product to apple customers and see what happens.

 

[Unregistered 4U]

Is suing Apple a trendy thing right now? It feels like everyone and their grandmother are out suing Apple nowadays.

Everyone’s looking for something to set a precedent upon which everyone else will pile on… locking us into Apple’s current hardware for generations. That’s what the people that don’t like Apple want. Once Apple’s platform is opened, Android would shrink to negligible market share overnight.

 

[Unregistered 4U]

So Apple is using its monopoly power to dominate the Apple Watch ECG market?

More accurately, it’s ONLY over the Apple Watch 4 and above, right? This company could SURELY corner the market for ECG’s on EARLIER Apple Watches, right!

 

[jlc1978]

Well it’s funny you say that, the band had FDA approval years ago

FDA Clears First Medical Device Accessory for Apple Watch®

www.alivecor.com

I was going to say the same thing, but if it has FDA approval why not?

I would not be surprised if Apple is also concerned about potential liability if Alivecor misses something and somebody has problems because they relied on its readings. I would think the FDA would require some sort or getting a new approval every time Apple made a substantive change to how the Apple watch collects data used for approved devices.

What's sad is that AliveCor actually is better, too.

They've been doing this for a long time. Their a-fib detection is superior because it actually analyzes rates that are typical for a-fib, whereas Apple caps their detection to low pulse rates. AliveCor's algorithms have gotten really good and are approved for more diagnoses by the FDA than Apple's.

Tim Cook talks about reading letters of people's lives he's saved, and then they cut out a competitor that actually has a better and less expensive product. How many lives has that impacted?

Apple should just by them if they are that much better.

 

[Xak444]

Is suing Apple a trendy thing right now? It feels like everyone and their grandmother are out suing Apple nowadays.

Sure seems like it!

 

[symphony]

Now they’re DeadCor

 

[robjulo]

Totally. If you don't want to worry about others rules, don't build on their platform. It's that simple.

You see businesses complain that Facebook changed things and now their posts don't get seen by as many people. I'm not a Facebook fan, but they never promised those businesses a thing and never promised things wouldn't change. They don't owe those businesses anything. If you don't like their rules, don't build on their platform. Build your own. Have your own app or website. But don't be surprised if the rules change when you're on someone else's platform. It's like moving into an apartment and expecting rent will never increase and there will never be any changes to things.

No. It's not "that simple". The US has antitrust laws for a reason. I get that a vocal 20% of the members here disagree with those laws, but only when it comes to Apple (and not Google or Microsoft), but agree or disagree with those laws, they exist to protect consumers. I also get that same 20% would be not only be fine with, but would applaud, Tim Cook personally kicking in their front door and taking their dog and first born.

 

[Duane Martin]

I disagree with your analogy.

I see it more like moving into a new neighborhood that you initially think is very friendly, ONLY to later find out that the guy living next door is jealous of something you did OR have, & starts bullying you because of it !

Make NO mistake, Apple intentionally suppresses third-party app innovation for its own benefit.

And,
it ONLY happens when an App Dev or Engineering-based company has made a significant Engineering Accomplishment !

Otherwise, Apple could care less !

Interesting argument but I am curious as to the facts on which it is based. Can you give real-world examples of Apple suppressing third-party innovation beyond the bizarro world of MacRumours postings? Because I will let you in on a little secret - some people on this site are bat-guano crazy and so far removed from reality it makes me wonder if I have somehow entered an alternate universe by reading postings on this site.

Of course, articles like this that are posted as if allegations were facts do not help but I guess the editors need to make a living and know how to write good click-bait after all of these years. Maybe trolls click on ads more often? That would explain a lot.

Anyhow, before we get too distracted, give us some examples, please.

 

[bsolar]

No strong opinions on this one either way, but the claim that "Apple saw the success of the KardiaBand and changed the functionality of watchOS" is absolutely hysterical. 😂

Apple probably sells more Watches in a day than AliveCor has ever sold KardiaBands.

According to the complaint, Apple invited them to showcase their technology to Apple engineers and included their technology to showcase the Apple Watch's capabilities as health device long before Apple had their own offer in the field.

I don't know whether Apple changed the functionality of watchOS explicitly to break the competition, but Apple was clearly not indifferent to AliveCor's technology and the timing of the breaking change is IMHO suspect.

 

[Omenamies]

AliveCor KardiaBand was a total joke, it killed Apple Watch battery. A lot of quality control issues, they refused to replace faulty units.

AliveCor is a really shady company. Their business model stinks:

They sell a crippled product, forcing you to buy $99 subscription. Not to mention those so-called “advanced” determinations, which cost even more.

And by the way: Resting heart rate is a “Premium Protection Plan” feature.