Michelle T. Friedland

Rule Changes

Authored the AliveCor ruling upholding Apple's refusal to deal

Apple controls what apps you can install, what features they can offer, and how much they cost. On January 8, 2026, the Ninth Circuit ruled that's perfectly legal—at least when it comes to shutting out a competitor's heart monitoring app. The decision caps a five-year battle with medical device maker AliveCor, which claimed Apple killed its SmartRhythm app by changing the Apple Watch heart rate algorithm in 2018. Judge Michelle Friedland held that Apple had no obligation to share its technology with rivals, invoking the rarely-successful refusal-to-deal defense. The same day, India doubled down on its right to impose antitrust penalties based on Apple's $380 billion global revenue—not just its Indian earnings—putting the company at risk of a $38 billion fine.

Updated Jan 8