A new court case could impact the right to repair.
On April 21, Marshall Shannon, director of operations at Image Technology Consulting LLC filed the lawsuit Shannon v. Philips North America LLC, Case No. 3:26-cv-01276-B-BW, in the U.S. District Court for the Northern District of Texas.
Image Technology Consulting LLC is an independent service organization (ISO) described on its website as “the leading third-party parts and service provider, specializing in Philips and Siemens equipment, while providing superior support for all major OEM systems.”
The lawsuit claims that restrictions on Philips MR scanner software are illegal because they prevent ISOs from servicing the diagnostic imaging devices.
The filing states that OEMs must remove software restrictions that prevent access to servicing information and maintenance menus citing federal FDA regulations.
The filing asks the court to order Philips to change its policies.
“At this time, Philips has no comment on the ongoing litigation,” a spokesperson said via email.
Gay Gordon-Byrne, executive director at The Repair Association, said, “OEMs are blowing smoke because their arguments do not pass the smell test.”
She explained that broken equipment doesn’t work until repaired.
“Adding limitations on access to repair materials only delays the repair process and delays access to equipment,” Gordon-Byrne said. “Slow repair is dangerous when equipment is needed for patient care. During the pandemic there was national concern about repairing ventilators on a timely basis. Concern has waned because COVID isn’t killing as many people – not because ventilator repair got better.”
Claims of cybersecurity concerns also appear to be false claims from Gordon-Byrne’s perspective.
“Cybersecurity has nothing to do with repair. It sounds scary but isn’t the real world. If a product is broken it doesn’t connect to a network. It is access through the working network to working products that allows for cyber risk. When asked for examples – which we have done for more than a decade, the answer is always “I’ll get back to you.” We’d sure like to know how to help improve cybersecurity.”
She added that “broken hardware has nothing to do with component or product performance. A functional spare part is identical to the original.”
“Most problems of digital electronics failures are related to inadequate cooling resulting in over-heating. Broken wires don’t just degrade performance; they prevent the part from working entirely,” Gordon-Byrne said. “Things that aren’t working need to be repaired and for our healthcare system to have more access to trained technicians with access to the right parts and tools is simply wise.”
Gordon-Byrne said statements from OEM lobbyists “make no sense and cannot be supported with evidence. I can only hope that the courts will demand proof of these statements. We’ve been asking the same since 2013 and still waiting for an answer.”
Looking ahead, Gordon-Byrne said the right to repair medical devices appears to be gaining momentum.
“Right to repair for medical equipment is difficult to pass because legislators are inclined to believe OEMs are being truthful. The OEMs don’t tell their lobbyists the truth either – so ridiculous arguments are accepted at face value,” Gordon-Byrne said. “Bills are advancing and OEMs are hitting the panic button.”
