Tobii Dynavox has filed a lawsuit to stop what it believes are illegal practices by AbleNet involving the unauthorized exploitation of TD Snap software and the way communication devices are delivered, supported, and billed. This action by Tobii Dynavox is intended to protect patients, clinicians, and the standards surrounding how essential communication devices are delivered and supported.
Tobii Dynavox alleges that AbleNet has engaged in a long-running practice of using Tobii Dynavox software on its own devices without permission and authorization. The complaint states that AbleNet has taken deliberate steps to enable use of TD Snap on its hardware while avoiding the licensing, integration, and support responsibilities that healthcare payors require.
Speech generating devices require proper setup, customization, and ongoing support to be effective. The lawsuit raises concerns that when these steps are bypassed or fragmented, patients may not receive the full benefit of the technology, potentially impacting communication success for users of these devices over time.
AbleNet does not provide a fully integrated communication system. Instead, it directs patients and, in some cases, clinicians to independently download TD Snap onto AbleNet-provided iPads through a process facilitated by AbleNet.
Tobii Dynavox alleges that AbleNet provides Apple iTunes gift cards to patients or clinicians to purchase TD Snap subscriptions. This approach is described as a method used to facilitate use of the software while bypassing licensing restrictions and avoiding direct responsibility for how the software is delivered and supported.
TD Snap is licensed under terms that govern how it can be used, distributed, and supported. Tobii Dynavox alleges that AbleNet enables and encourages the software to be used in ways that are inconsistent with those licensing terms on devices distributed by AbleNet.
Tobii Dynavox alleges that AbleNet lacks the ability to fully support or manage the software it enables on its devices. Instead, it directs users to Tobii Dynavox resources for assistance, despite having no authorized relationship to do so, leaving gaps in accountability and support and causing liability concerns for Tobii Dynavox.
SupportHub is an AbleNet landing page that navigates to a list of apps, including TD Snap, which AbleNet has no license or rights to distribute. Tobii Dynavox alleges that AbleNet created its own support materials to guide users through installing and using TD Snap on AbleNet devices. These materials give the impression of a relationship with Tobii Dynavox that does not exist, creating confusion for patients and clinicians.
The complaint alleges that AbleNet’s practices create confusion about whether its devices are fully integrated speech generating devices and whether they are supported by Tobii Dynavox. This can lead patients and clinicians to believe they are receiving a level of integration and support that is not actually provided by Tobii Dynavox, causing reputational harm to Tobii Dynavox.
Clinicians are responsible for evaluating patients and recommending appropriate communication language and systems. The complaint suggests that AbleNet’s approach may place additional burden on clinicians and create confusion around device setup, responsibility, and compliance with clinical and reimbursement standards.
Speech generating devices are reimbursed through Medicare and other government insurance programs with expectations around documentation, delivery, and ongoing support. Tobii Dynavox is committed to supporting patients while maintaining compliance with applicable federal and state requirements, including Medicare, Medicaid, documentation, clinical, and operational standards. In the United States, Centers for Medicare & Medicaid Services (CMS) is responsible for oversight of Medicare and other government healthcare programs. Tobii Dynavox cannot speak to AbleNet’s compliance practices or operations.
The complaint alleges that these practices undermine program integrity by creating confusion about what is being delivered, who is responsible for support, how reimbursement responsibilities are understood and who is accountable for long-term support. This can have broader implications for patients, clinicians, and payors.
Yes. Tobii Dynavox made multiple efforts to address its concerns directly with AbleNet before filing suit. This included ongoing correspondence and formal cease-and-desist demand letters requesting that the practices stop. Despite these efforts, the issues persisted, leading Tobii Dynavox to pursue legal action.
Tobii Dynavox is seeking to stop these practices, protect its intellectual property, and address the harm caused to patients, clinicians, and the broader market for medical communication tools.
Under Medicare, Medicaid, and most commercial insurance plans, speech generating devices are covered as Durable Medical Equipment (DME) when they are medically necessary to treat a severe communication impairment. This means a speech generating device is not simply a piece of hardware or software, but part of a comprehensive, clinically supported solution. Delivery typically includes a formal evaluation by a speech language pathologist, selection and customization of the device to the individual’s needs, and training for patients and caregivers to ensure effective use.
Importantly, DME coverage also carries expectations for documentation, compliance, and ongoing support over the life of the device, which is often several years. Suppliers are expected to provide a complete, functional communication system along with continued service, maintenance, and support. In this model, “delivery” is not just providing a device, but ensures that the patient receives a fully integrated solution designed to achieve meaningful, long-term communication outcomes.
If you or your insurance has reimbursed AbleNet for a device, then AbleNet has been paid to provide all services and support for your use of the device and its communications system. Therefore, if you have questions about your device or the related services and support, you should contact AbleNet.
If you have further concerns, we encourage you to work with your speech language pathologist or other clinician to determine the best solutions for ensuring that your needs are met.
