AdvaMed Right to Repair Appeal Wins Over Library of Congress

AdvaMed notched a victory last Friday when the US Court of Appeals ruled in its favor in the latest saga over what the association describes as preventing “unauthorized and unregulated repair companies from hacking into life-saving medical devices.”

The verdict by the District of Columbia Circuit Court reverses the US District Court’s March 2023 decision to dismiss a lawsuit brought by AdvaMed and the Medical Imaging and Technology Alliance (MITA) that challenged an earlier decision by the Library of Congress (LOC) easing access for unregulated repair companies to medical device servicing software.

The decision also restores accountability to rulemaking under the Digital Millennium Copyright Act (DMCA) and affirms that the LOC is subject to the Administrative Procedure Act (APA) when engaged in rulemaking under the DMCA — also reversing the District Court’s earlier notion that the LOC is not a federal “agency” and can’t be challenged under the APA.

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