CASE STUDY

FibriCheck Fitbit App Gallery Co-creation

FibriCheck is the first medical CE- and FDA-certified app developed by Belgium-based Qompium. FibriCheck allows the patient to check their heart rhythm at home without needing any other equipment. By detecting and treating cardiac arrhythmias in time, serious complications such as a stroke can be avoided. FibriCheck is focusing purely on prevention. The measurement and results take only one minute. With the technology revolution in wearables such as smartwatches, the FibriCheck app has attracted additional sales channels, in addition to its regular sales channel of medical doctors and hospitals.

US-based Fitbit has entered in a platform arrangement with Qompium for the FibriCheck application to be offered in the Fitbit App Gallery. Such offering requires the co-creation of a custom made application for distribution in the App Gallery in accordance with the Fitbit App Accelerator Agreement.

We spoke with Bieke Van Gorp, COO of Qompium, who shared the following valuable insights regarding the platform program:

 Purpose: it is of crucial importance to delineate carefully for which purpose the parties have entered into a platform agreement to ensure that there is no disagreement on the exact scope of the collaboration.

 Development efforts: clear development project plans and responsibilities must be agreed between the parties, with such plans organized in a manner to facilitate change management if the co-creation scope or evolution would change. The owner of the product is to be provided with applicable APIs, API keys and a Software Development Kit, as well as marketing and branding materials, for the customization and future commercialization through the App Gallery to be as successful as possible.

 Decision-making process: the development takes place within a carefully calibrated decision-making process ensuring that the development takes place according to plan and swift decision-making is possible by the partners if unexpected circumstances arise. With medical-certified applications offered to retail customers who purchase the Wearable, the app needs to be properly tested on such watches in a clinical study prior to marketing the app for general distribution.

 Service levels: the partners need to agree which party will receive and respond directly to all end user support requests regarding the app, including via telephone, email or online helpdesk. In case of medical-certified applications the responsibility to comply with any regulatory and reporting obligations, including but not limited to medical device reporting obligations, remains with the platform partner.

 Background intellectual property rights: it is crucial for the intellectual property rights (IPR) of the different parties to be protected. Ownership of existing Background IP in the application is retained by the platform partner with an end user license agreement being entered into between Qompium and the end user. Fitbit merely acts as a distributor of the application.

 Foreground intellectual property rights: the ownership of Foreground IP specifically developed for the App Gallery is to be retained by Qompium, with appropriate arrangements to be made in respect of the IP rights that the counterpart has made available for the development effort.

 Revenue sharing, marketing and promotion: parties also needed to agree to certain revenue split arrangements, with the platform partner being responsible for managing end user subscription status and the making of a revenue share payment to the platform owner. In addition, the parties must agree to specific marketing and promotional activities by each party.