There's an unwritten rule for technology startups: Never challenge Apple in court if you want to survive.
The world's most valuable company has a track record of success in a long string of David versus Goliath battles over cutting-edge, life-changing technologies. But billionaire Vinod Khosla is no lightweight. He's one of Silicon Valley's most celebrated venture capitalists, and he's used to playing long odds on the startups he backs.
Khosla Ventures LLC put itself on a collision course with Apple Inc. when it moved into the personal health and fitness space a decade ago and invested in AliveCor, a maker of cardiac monitoring devices and software. What might have been a big partnership opportunity for AliveCor in the years following the release of the Apple Watch in 2015, to offer watch bands that monitor heart health, has turned into a messy court fight.
Now, instead of riding Apple's coattails as a prominent player in the wearable medical device market, forecast to grow to $132.5 billion by 2031, AliveCor's Food and Drug Administration-approved technology is inaccessible to the tens of millions of people who buy Apple Watches every year.
The startup is in its third year of trying to prove to judges that the iPhone maker brazenly copied its heart-monitoring technology and sabotaged AliveCor's ability to offer its own product on the Apple Watch. Apple has parried with claims that its smaller rival's patent-infringement and antitrust claims are meritless — and with counterattacks alleging that AliveCor is the imitator.
“We made it a battle because we can,” Khosla told Bloomberg News. “I think it's really important that they not bully people and so we decided to make it a public battle.”
Khosla is famously tenacious. In 2018,
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