Jury ﬁnds Philips guilty of unfair and deceptive practices by refusing to provide key information necessary to perform service, maintenance, and repair of medical equipment.
CONCORD, N.C., May 23, 2023 /PRNewswire-PRWeb/ — Avante Health Solutions announced a signiﬁcant turning point concerning the right to access, service, and maintain diagnostic imaging medical equipment manufactured by Philips Medical Systems for Avante’s customers who own the equipment.
In April, under North Carolina’s Unfair and Deceptive Trade Practices Act, a jury in the Western District Court of North Carolina (case 3:20-cv-00021-MOC-DCK) awarded Avante a verdict ﬁnding that Philips engaged in unfair and deceptive practices by refusing to provide key information necessary to perform service, maintenance, and repair of Philips’ Allura and Azurion cath labs and Philips CT systems. The monetary award, which is to be finalized by the Court, is expected to be in the millions. Further, the jury concluded that Avante’s advanced methods for servicing medical equipment do not misappropriate any of Philips’ trade secrets. The only findings for Philips related to activities that occurred prior to the issuance of the “DMCA Exemption” by the U.S. Copyright Oﬃce in October 2021. The jury’s verdict aﬃrmed Avante’s long-held “right to repair” position that Philips aggressively targeted independent service organizations (ISOs) and sought to limit their access to information needed for service and maintenance of Philips’ medical systems.
The DMCA Exemption now permits owners of medical devices, such as hospitals and healthcare professionals, and ISOs to access system software for the purpose of diagnosing, servicing, and repairing such devices. It speciﬁcally eliminates liability for accessing controls to copyrighted software and related data ﬁles on lawfully acquired medical devices or systems when access is a necessary step in maintaining or restoring a device to work in accordance with its original speciﬁcations.
“The right to repair medical equipment is central to patient care, safety, and competitive, lower-cost service alternatives to reduce overall healthcare expenses in the United States,” said Jim Leitl, Chief Executive Oﬃcer and President of Avante Health Solutions.
“Avante has the most skilled and well-trained service technicians in the industry, ensuring state-of-the-art services to all customers,” Leitl added.
For inquiries about Avante Health Solutions’ commitment to medical equipment service quality and the “right to repair” movement for medical equipment service and repair, please contact Brodie Bauders, Vice President, at (704) 559-4095 or [email protected].
To learn more about the DMCA Exemption, you can visit the Federal Registry and govinfo.gov. Commentary on the ruling can also be found in the article, “Copyright Ruling May Pave Way for Greater Access to Medical Device Service Manuals” by Robert J. Kerwin, General Counsel for the International Association of Medical Equipment Remarketers and Servicers.
About Avante Health Solutions
Avante Health Solutions has over 35 years of experience and is recognized as a leading provider in the medical equipment and services industry. Avante Health Solutions oﬀers a range of services including diagnostic imaging, medical surgical, patient monitoring, and ultrasound. They also provide rental equipment and solutions for animal health providers, international healthcare facilities, and the U.S. federal government. Avante Health Solutions prides themselves on being a comprehensive provider, partnering with their customers from consultation and installation to service, repair, and ongoing technical support, as well as advanced remote monitoring solutions.
Brodie Bauders, Avante Health Solutions, (704) 559-4095, [email protected]
SOURCE Avante Health Solutions