As the case unfolded, court records show that discovery-related disputes emerged. Philips asserted that Probo engaged in a pattern of noncompliance and accused the company of withholding critical documents and providing evasive responses. In response to these challenges, Philips sought a motion for default judgment, which would allow the case to skip to the damages phase without a trial on the substantive allegations.

The lawsuit is emblematic of big picture issues in the medical device market, where the unauthorized use of proprietary software can have significant legal and ethical repercussions. For right-to-repair advocates, the issue stems mainly from uncooperative manufacturers who withhold necessary service information in the interest of securing service contracts, while OEMs stress the safety risks of unauthorized access and their legal right to protect intellectual property.


Last week, the FDA released its final guidance to provide the medical device industry clarity on the definition of "remanufacturing" for reusable devices needing maintenance or repair, a lingering point of ambiguity in an overarching discussion about right-to-repair.

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