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Heh this all is getting better and better, love it.
Nooooooo they didn’t monopolize, it’s just a peaceful Apple Special Sales Operation.
 
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So the company doesn’t have this available via other wearables?

I understood individual products cannot be deemed a monopoly.

Ie Coca-Cola is not a monopoly on Coke because other soft drinks available. For instance Pepsi.

So not sure how Apple Watch is a separate market to non-Apple watches such as Samsung Galaxy watches, which surely is what would have to argue.
 
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They suing fitbit next???

Wish we llived in a free country where you could create a product, tell customers the rules before they buy, and have the customers be happy with those rules and not sue to change said rules (or in this case not have other companies sue to get in on your creations functionality).
 
The KardiaBand received FDA approval in 2017, and in 2018, Apple debuted the Apple Watch Series 4 with built-in ECG capabilities and its own irregular heart rhythm notifications followed. AliveCor claims that Apple saw the success of the KardiaBand and changed the functionality of watchOS to sabotage KardiaBand and "corner the market for heart rate analysis on Apple Watch."
Wait, is competition illegal now? ? If there was no patent infringement, this is just crying that the world is unfair. Sorry AliveCor, you made a bad call on building a single purpose device.

AliveCor has an active patent case against Apple, but that isn't likely to be fruitful. And even if it were, does not advance the anti-trust argument at all. As stated in the article: Apple, based in Cupertino, California, countered that it was an "uncontroversial proposition that product improvement by itself" did not violate the federal Sherman antitrust law.
While that does seem suspect in a click-bait article, you can't honestly think that Apple rushed the market with their own baked-in ECG functionalities, also approved by the FDA, and had it polished enough to work reliably out the gate...... in one year. Apple assuredly plans features, especially big features like this, well past one year out.
Exactly. It would have been impossible to build the feature in one year. And it's illogical to conclude that Apple saw KardiaBand's "success" -- such successful that it got discontinued -- and only then thought about putting ECG into a watch.

Even if a Judge were to find Apple being anti-competitive, isn't the "ECG" that is approved by FDA not a complete package of hardware and software? Thus forcing AliveCor to go through the onerous and expensive FDA approval for their feature on one model of Apple Watch and having to reapply for each new model?

But if a judge did rule against Apple here, we'd likely see a bi-partisan demand to address whatever clause got misinterpreted in legislation allowing Alivecor to prevail. This wouldn't be different than a potential suit from Rivian or Tesla against a large auto manufacturer if they build a better electric vehicle.
 
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If sideloading were only allowed this would be a non-issue.
It might still be afoul of FDA rules though. I believe the ECG functionality is approved as a software/hardware package.

That said, I'm on the side that hopes Apple prevails against side-loading. Jailbreaking should be legal, but Apple shouldn't have to facilitate it, or side-loading.
 
Did I miss where the Apple Watch ECG was approved for diagnosing and managing medical conditions?

Also, am I the only one reading their story and thinking their argument is "hey judge, they stole our stuff, but if they didn't tell them they have to let us use their stuff."
It's worse than that. AliveCor isn't alleging patent infringement in this suit. It's just "Hey judge, tell them they have to let us use their stuff since customer's don't want ours anymore."

They have an active patent case against Apple, but that's unlikely to succeed which is likely why this farce was filed.

This is the slippery-slope that will only get worse if Epic prevails.
 
I hope everyone understands now why slippery-slope arguments are a legitimate concern.

This all started with people complaining about Apple’s “walled garden” and that they should open up to third parties and competitors. Do you really want any other company but Apple to have “access” to your health data? (Parenthesis because Apple never truly has access to your health data… they’re very clear about their stance on privacy.)
Seems like it started before that. The MS IE antitrust case comes to mind, for example.
 
Just another company claiming they have a right to access Apple's customers to make money. Apple lawyers have to be giggling all the way to the bank. Talk about job security!
 
Translation: "We foolishly made a product based on undocumented features of someone else's product, and now they've made a change to that product, without discussing it with us first - so clearly they must be doing it specifically to hurt us."

Yeah, or maybe you shouldn't have spent a bunch of time and money doing that in the first place, and Apple changed something because they found a better way to do it.

And if you were offering patient care based on your use of these undocumented features in someone else's product... perhaps the FDA ought to be taking a very careful look at the certification of your devices.
 
Not to mention the liability issues if Apple tried to make the Apple Watch compatible. Then you get sued because it didn’t function properly, or a software update had unintended consequences for inaccurate monitoring.
 
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My only view on this is that it is an Apple device with its own specific monitoring system and software. Not really about a monopoly but holding Apple to account for their specific device/software. I would be wary about a 3rd party trying to use it.
Heart rate monitoring is pretty straightforward. It is just physics that has been understood for more than a century. There is nothing magical about what Apple Watch does.

On my part I think we all have to be careful interpreting heart rate. Once I was sitting totally zonked on a sofa from a horribly nasty flu, barely able to move and semi-conscious, and my Fitbit congratulated me on my exercise workout. Heart rate is hard ot interpret without knowing the full context. Don't trust a watch. Trust your physician.
 
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There is nothing magical about what Apple Watch does.

Not saying there is. My concern is that other 3rd party for-profit companies doing something different to Apple, using data incorrectly and miss-reporting things. Apple is not perfect but they put safety first, not convinced safety is always above profits with others.

I don't know what 3rd parties offer or can do, despite all my criticism of Apple over the years, I trust them to do the right thing when it comes to elements like heart rate, ECG, and so on.
 
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Seems a fairly straightforward ruling; there is enough evidence Apple may have hampered third-party ECG device functionality with the introduction of the series 4 and their own ECG components so as not to dismiss that claim outright. Since the Kardiaband is basically an accessory to an Apple Watch and not a direct competitor, the other claim seems to have been rightfully dismissed. From what I can tell, AliveCor makes app enabled devices to monitor heart function, but not necessarily wearable ones similar to the AppleWatch.

People can say what they want about lawyers making money or whatever else, but at the end of the day, Apple wasn't able to clearly demonstrate that the changes made were unrelated to the introduction of their own ECG functionality, and now have to go through the process of proving it at trial, barring a settlement of some type. I'm sure there will be plenty of "Apple makes the device and software, the can do whatever they please," or similar, but at this point courts have already made it clear it's much more nuanced than that.
 
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Not saying there is. My concern is that other 3rd party for-profit companies doing something different to Apple, using data incorrectly and miss-reporting things. Apple is not perfect but they put safety first, not convinced safety is always above profits with others.

I don't know what 3rd parties offer or can do, despite all my criticism of Apple over the years, I trust them to do the right thing when it comes to elements like heart rate, ECG, and so on.
I would not trust any hardware/software combination for medical purposes that is not cleared by the FDA. Like you I do not trust for-profit companies, which is why I think FDA clearance is so important (the Apple watch ECG is cleared by the FDA).
 
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Seems a fairly straightforward ruling; there is enough evidence Apple may have hampered third-party ECG device functionality with the introduction of the series 4 and their own ECG components so as not to dismiss that claim outright. Since the Kardiaband is basically an accessory to an Apple Watch and not a direct competitor, the other claim seems to have been rightfully dismissed. From what I can tell, AliveCor makes app enabled devices to monitor heart function, but not necessarily wearable ones similar to the AppleWatch.

People can say what they want about lawyers making money or whatever else, but at the end of the day, Apple wasn't able to clearly demonstrate that the changes made were unrelated to the introduction of their own ECG functionality, and now have to go through the process of proving it at trial, barring a settlement of some type. I'm sure there will be plenty of "Apple makes the device and software, the can do whatever they please," or similar, but at this point courts have already made it clear it's much more nuanced than that.
I'd bet my apple watch (iow imo) that whatever change Apple made, they had the change fully scoped out and knew exactly where it would head...including potentially trial.
 
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