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A24 TECHNOLOGY
Tuesday 27 November 2018

Justices skeptical of Apple in case about iPhone apps' sales

By MARK SHERMAN Apple App Store, pay Ap-
Associated Press ple directly with credit card
WASHINGTON (AP) — The information I supplied to
Supreme Court seemed Apple," Kagan said.
ready Monday to allow a Justice Brett Kavanaugh
lawsuit to go forward that said if consumers are pay-
claims Apple has unfairly ing more than they should,
monopolized the market then perhaps they should
for the sale of iPhone apps. be able to sue. The rel-
The court heard arguments evant federal antitrust law
in Apple's effort to shut says "any person injured"
down an antitrust lawsuit. can sue, Kavanaugh said.
Chief Justice John Roberts His comments could put
was alone among the nine him on the side of justices
justices who seemed pre- who would allow the suit
pared to agree with Apple. to proceed. In other cases,
The suit by iPhone users the court has ruled there
could force Apple to cut must be a direct relation-
the 30 percent commission ship between the seller and
it charges software devel- a party complaining about
opers whose apps are sold unfair, anti-competitive
exclusively through Apple's pricing.
App Store. A judge could Consumers can choose
triple the compensation to from among more than 2
consumers under antitrust This March 19, 2018, file photo shows Apple's App Store app in Baltimore. Apple is at the Supreme million apps, compared
Court to defend the way it sells apps for iPhones against claims by consumers that the company
law if Apple ultimately loses has unfairly monopolized the market. with the 500 apps that were
the suit. Associated Press available when Apple cre-
But the issue before the ated the App Store in 2008.
high court at this early and in line with a century of mission on whatever they plenty of disputes, not one "The phrase 'there's an app
stage of the suit is whether antitrust law. sell, the lawyer represent- has gone to litigation," he for that' is now part of the
the case can proceed at Apple argues it's merely a ing Apple said in the court- said. popular lexicon," Roberts
all. Justice Stephen Breyer, pipeline between app de- room. If anyone should be But Justice Elena Kagan noted in a 2014 decision
who used to teach antitrust velopers and consumers. able to sue the Cupertino, said it appears that con- limiting warrantless search-
law at Harvard Law School, The developers set the California-based compa- sumers have a direct rela- es of cellphones by police.
said the consumers' case prices and agree to pay ny, it's a developer, Daniel tionship with Apple. "I pick Apple has trademarked
seemed straightforward Apple a 30 percent com- Wall said. "There have been up my iPhone, go to the the phrase.q

FDA to overhaul long-criticized medical device system

By MATTHEW PERRONE the International Consor-
AP Health Writer tium of Investigative Jour-
WASHINGTON (AP) — U.S. nalists, the group found
health officials said Mon- that more than 1.7 million
day they plan to overhaul injuries and nearly 83,000
the nation's decades-old deaths suspected of being
system for approving most linked to medical devices
medical devices, which had been reported to the
has long been criticized by U.S. Food and Drug Ad-
experts for failing to catch ministration over a 10-year
problems with risky im- period. "We believe that
plants and medical instru- newer devices should be
ments. compared to the benefits
The Food and Drug Admin- and risks of more modern
istration announced plans technology," FDA Commis-
aimed at making sure new sioner Scott Gottlieb said in
medical devices reflect a statement.
up-to-date safety and ef- Gottlieb said the changes
fectiveness features. under consideration would
The system targeted by the push companies to com-
actions generally allows pare their devices to more
manufacturers to launch up-to-date technology,
new products based on rather than referencing
similarities to decades-old decades-old products.
products, not new clinical This combination of Aug. 25, 2018 photos shows demonstration models of implantable Some of the reforms pro-
testing in patients. neurostimulators, top row from left, the Medtronic Intellis and the Boston Scientific Spectra posed by the FDA could
The FDA's move came one WaveWriter SCS. Bottom row from left are the Abbott/St. Jude's Proclaim 7 Implantable Pulse take years to implement, in
day after the publication Generator and Proclaim DRG Implantable Pulse Generator. some cases requiring new
of a global investigation Associated Press guidelines and regulations
into medical device safety by more than 50 media or- ganizations, including The Associated Press. Led by for manufacturers. q