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U.S. Copyright Office now accepting petitions for DMCA exemptions

By Robert J. Kerwin Last week, the U.S. Copyright Office announced that it is once again accepting petitions for temporary exemptions, as well as petitions to renew existing temporary exemptions, under section 1201 of the Digital Millennium Copyright Act, 17 U.S.C. § 1201, through its triennial rulemaking proceeding. Petitions for new exemptions and petitions for renewal [...]

By |2026-06-18T00:22:35+00:00June 18th, 2026|Uncategorized|0 Comments

FDA issues letter supporting continuation of DMCA exemption for repair of medical devices

As the U.S. Copyright Office conducts its triennial Section 1201 rulemaking proceeding on DMCA exemptions this year, the FDA has issued a letter supporting the proposed renewal of the DMCA Exemption Regarding Repair of Medical Devices and Systems. On June 21, 2024, Suzanne Schwartz, director of the FDA Office of Strategic Partnerships and Technology Innovation, informed the [...]

By |2024-07-23T14:59:45+00:00July 23rd, 2024|Uncategorized|Comments Off on FDA issues letter supporting continuation of DMCA exemption for repair of medical devices

Decision in Lawsuit Allowing Medical Device DMCA Exemption Reversed in Appeals Court

On June 7, 2024, the U.S. Court of Appeals issued a decision reversing the U.S. District Court dismissal of the challenge by MITA and AdvaMed to the Librarian of Congress’ granting of an exemption from the Digital Millenium Copyright Act’s (“DMCA”) anti-circumvention provision pertaining to medical device manuals. Two independent medical device servicers had sought [...]

By |2024-06-10T16:52:04+00:00June 10th, 2024|Business, Government, Healthcare, Imaging, Regulatory, Used Medical Equipment|Comments Off on Decision in Lawsuit Allowing Medical Device DMCA Exemption Reversed in Appeals Court

New Delaware legislation to review hospital budgets may only create new bureaucracies and problems

It is well understood that healthcare systems in the United States are navigating an ever-challenging operating environment. In the wake of the COVID-19 pandemic, increased costs, tightening labor markets and lagging reimbursement rates — all have contributed to significant financial stresses on the national healthcare system. In Delaware, like many other states, between Medicaid and [...]

By |2024-05-22T14:54:03+00:00May 22nd, 2024|Uncategorized|Comments Off on New Delaware legislation to review hospital budgets may only create new bureaucracies and problems

FDA Releases Final Guidance on Manufacturing

Today 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. A draft of the guidance was initially released for comment and consideration back in 2021, at which time [...]

By |2024-05-13T17:59:16+00:00May 13th, 2024|Uncategorized|Comments Off on FDA Releases Final Guidance on Manufacturing

IAMERS Celebrates Its 31st Birthday

Last week, IAMERS (the International Association of Medical Equipment Remarketers and Servicers) celebrated its 31st birthday in Charleston at the IAMERS Annual Meeting. After IAMERS President Diana Upton welcomed the group, the Annual Meeting kicked off with a keynote presentation by Dr. Mike Bivins, president of Urology Centers of Alabama. Dr. Bivins offered some candid [...]

By |2024-05-10T15:41:04+00:00May 9th, 2024|Uncategorized|Comments Off on IAMERS Celebrates Its 31st Birthday

Can the EU Data Act Help Solve US Right to Repair Issues?

By Robert J. Kerwin While efforts in Washington D.C., and indeed nationwide, have sparked momentum toward widespread acceptance of the rights of device owners to choose who would repair the devices they own, recent approval by the European Parliament and the Council of the EU of the European Data Act may be a great leap [...]

By |2024-04-25T15:07:09+00:00April 25th, 2024|Uncategorized|Comments Off on Can the EU Data Act Help Solve US Right to Repair Issues?
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