{"id":222125,"date":"2024-04-09T17:34:51","date_gmt":"2024-04-09T17:34:51","guid":{"rendered":"https:\/\/michigandigitalnews.com\/index.php\/2024\/04\/09\/i-lead-one-of-the-startups-accusing-apple-of-patent-infringement-heres-why-congress-should-side-with-us\/"},"modified":"2025-06-25T17:18:58","modified_gmt":"2025-06-25T17:18:58","slug":"i-lead-one-of-the-startups-accusing-apple-of-patent-infringement-heres-why-congress-should-side-with-us","status":"publish","type":"post","link":"https:\/\/michigandigitalnews.com\/index.php\/2024\/04\/09\/i-lead-one-of-the-startups-accusing-apple-of-patent-infringement-heres-why-congress-should-side-with-us\/","title":{"rendered":"I lead one of the startups accusing Apple of patent infringement. Here\u2019s why Congress should side with us"},"content":{"rendered":"

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When I became CEO of AliveCor, a health tech startup dedicated to heart health, little did I know that we would spend years engaged in a legal fight to protect our intellectual property from one of the largest companies in the world. But our David vs. Goliath battle against Apple<\/a> has even reached President Joe Biden\u2019s desk\u2013and, now, the halls of Congress.<\/p>\n

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Some people ask me why we haven\u2019t given up, given Apple\u2019s massive war chest and well-documented history of copying<\/a> other firms\u2019 ideas. As The Washington Post<\/em> once reported<\/a>, \u201cSome apps have simply buckled under the pressure.\u201d<\/p>\n

But this isn\u2019t just about us. It\u2019s about the entire tech ecosystem. It\u2019s a question of whether startups\u2013and small businesses of all kinds\u2013can stand up for their rights and win. And because we focus specifically on health tech, it\u2019s no exaggeration to say that when it comes to technologies developed by companies like ours, lives hang in the balance.<\/p>\n

Here\u2019s what the case is all about, in a nutshell. AliveCor pioneered electrocardiogram technologies (ECG) for smartphones and smartwatches. In 2016 we launched KardiaBand, an FDA-cleared, medical-grade wearable ECG. The responses were wonderful, with people saying it helped to transform their health and their lives. But two years later, Apple announced that it had created its own<\/a> technology\u2013and made its new watches incompatible with a central feature of KardiaBand.<\/p>\n

Equipped with patents, scientific reports, and other evidence, we fought back. Since then, Apple has tried all sorts of maneuvers to fend us off, including bombarding<\/a> us with expensive litigation. Nevertheless, we\u2019ve been winning<\/a> before the International Trade Commission (ITC). The agency\u2019s role<\/a> includes investigating and making determinations involving intellectual property (IP) rights in such cases.<\/p>\n

The ITC found Apple to be in violation of the IP protecting our vital heart monitoring<\/a> technology. As a result, the commission ultimately called for a ban on Apple importing its infringing watches into the United States. The corporate behemoth tried to get President Biden to veto that ban, but fortunately, he declined<\/a> to do so.<\/p>\n

We\u2019re not alone in this kind of fight. Another medical technology company, Masimo, has been engaged in a similar battle, and also won before the ITC. Again, Biden refused to veto<\/a> an Apple Watch import ban.<\/p>\n

But rather than attempt to rectify its wrongs, Apple is trying to use its lobbying power to change the ITC. The company is lobbying Congress<\/a> to \u201cmake some patent owners ineligible to bring complaints before the ITC,\u201d and seeking \u201cto influence the language of committee reports that could affect how the agency levels punishments.\u201d<\/p>\n

Apple is also trying another desperate, last-ditch effort. It got the U.S. Patent and Trademark Office\u2019s Patent Trial and Appeal Board to invalidate some of our patents, but we\u2019re confident that our appeal<\/a> will reverse that decision.<\/p>\n

Apple is attempting to argue that an ITC ban on Apple Watch imports would deprive people of a device that is crucial to their health. However, the commission has previously dismissed this argument as inaccurate. In fact, the opposite is true: Allowing Apple to get away with continued infringement will kill innovation and endanger people\u2019s health.<\/p>\n

Health tech startups rely on investor funding to save lives<\/a>. People are willing to invest<\/a> in these new ideas because they expect that some will succeed, so they\u2019ll recoup their investments and see a future payoff.<\/p>\n

If large corporations can simply copy these technologies, then investors will lose the confidence and incentive to provide funding at various stages. Investors and small business leaders need to know that the rules fairly and reliably protect the Davids in the same way that they protect the Goliaths.<\/p>\n

Our battle against Apple has always taken place on an uneven field. The intervention of Congress on Apple\u2019s behalf would make things even worse. President Biden stood up to Apple\u2019s bullying tactics\u2013and Congress should do the same.<\/p>\n

Priya Abani is the CEO of AliveCor<\/a>.<\/em><\/p>\n

More must-read\u00a0commentary\u00a0published by\u00a0Fortune<\/em>:<\/h2>\n