Saving Veterans: Stop ITC's Threat

North Carolina’s veteran population of over 700,000 is in danger of losing access to life-saving technology that treats PTSD-induced nightmares. NightWare, an FDA-approved software that works with the Apple Watch, is threatened by a lawsuit by Masimo, a tech company that challenges Apple’s patent. If the ITC issues an exclusion order against the Apple Watch, NightWare would no longer be available to veterans, which is catastrophic as 20% of veterans deployed to Iraq or Afghanistan suffer from PTSD. The ITC must consider public interest factors to protect valuable products like NightWare. However, it has only thrown out cases based on public interest four times. Fortunately, Senator Thom Tillis, who sits on the Senate Veterans’ Affairs Committee and the Senate Finance Committee, has the power and influence to prevent the ITC from denying veterans access to NightWare technology. North Carolina’s veterans have sacrificed enough, and Tillis can work with the ITC to prevent this from happening.

The Threat to Health Care for Tar Heel State Veterans by the Biden Administration

North Carolina has a significant veteran population of over 700,000. These brave individuals have put their lives on the line to serve their country, but unfortunately, many of them return with both physical and mental wounds that never fully heal. Post-traumatic stress disorder (PTSD) is one of the mental health conditions that affects up to 20% of veterans deployed to Iraq or Afghanistan. The consequences of this condition can be devastating, as evidenced by a recent study indicating that 30,000 post-9/11 veterans with mental health issues have committed suicide.

Fortunately, there have been significant technological advancements in the treatment of PTSD. NightWare is an FDA-approved software that uses the Apple Watch to combat PTSD-induced nightmares, which is a symptom experienced by up to 80% of veterans with the condition. The software uses heart rate monitoring technology to detect PTSD-induced nightmares and delivers pulses that disrupt the nightmares without interrupting sleep. This technology has been immensely beneficial to many veterans in North Carolina.

However, a government agency in Washington called the International Trade Commission (ITC) is currently threatening to take this critical technology away from veterans in need. The ITC has the power to ban certain products from being sold in the United States, which has made it a magnet for foreign companies seeking to undermine their American competitors.

One of the American companies under attack is Apple, whose patent for the Apple Watch has been challenged by a tech company called Masimo. Masimo has filed a lawsuit with the ITC to challenge Apple’s patent, and the case is critical. NightWare technology is only compatible with the Apple Watch, so if the Commission decides to issue an exclusion order against the watch, it would essentially ban the sale of the product in the US, thereby taking away essential care that many veterans use to treat their PTSD.

The ITC has rules in place to prevent frivolous lawsuits that could ban life-saving products. However, in practice, the ITC often ignores public interest factors and has only thrown out cases based on public interest four times. The consequences of such a decision would be devastating, as it would take away essential care that many veterans rely on to manage their PTSD.

It is the responsibility of our elected officials to prioritize the care of our wounded servicemen and women. It is critical that they take action to protect the interests of our veterans, including those who rely on NightWare technology.

Sen. Tillis can help prevent the ITC from denying veterans access to life-saving technology

Senator Thom Tillis has the power and influence to protect the interests of North Carolina veterans, both here in the state and across the country. As a member of the Senate Veterans’ Affairs Committee and the Senate Finance Committee, he is well-positioned to help prevent the International Trade Commission (ITC) from denying veterans access to NightWare technology.

Given his record of advocating for members of the armed services, both here in North Carolina at Camp Lejeune or Fort Bragg and across the country, I believe that Senator Tillis will do all he can to protect the interests of our veterans. They have sacrificed enough, and they should not have to face further challenges from their own government. Senator Tillis can work with the ITC to prevent this from happening and ensure that veterans suffering from PTSD can access the potentially life-saving technology they need.

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