The Facts

Speech generating devices are not simple consumer products. They are medical tools that require proper evaluation, customization, and ongoing support by a licensed clinician to be effective. When those elements are missing or fragmented, patients may not receive the full benefit of the technology.

Fact 1: Communication Devices Require Full Integration and Support

Effective communication solutions include more than hardware and software. They require:

  • Clinical evaluation by a clinician
  • Custom configuration based on the individual’s assessed needs
  • Training for patients, families, and caregivers
  • Ongoing technical and clinical support

These elements are designed, tested, and certified to work together. When they are properly integrated, patients are more likely to achieve meaningful communication outcomes.

Fact 2: TD Snap® Software Is Licensed for Specific Use

TD Snap® is proprietary software developed and maintained by Tobii Dynavox. It is licensed under specific terms that govern how it can be used, distributed, and supported.

These terms are in place to:

  • Protect the integrity of the software
  • Ensure proper use in clinical settings
  • Support long-term functionality and updates

Using the software outside of these conditions can create gaps in support and accountability.

Fact 3: The Lawsuit Alleges Unauthorized Use of Software

Tobii Dynavox alleges that AbleNet enables the use of TD Snap® software on its devices without authorization.

According to the complaint, this includes:

  • Directing patients or clinicians to download TD Snap® onto AbleNet provided devices
  • Providing generic Apple gift cards to facilitate software purchases
  • Structuring the process so the software is obtained outside of authorized channels

These actions are alleged to bypass licensing restrictions and avoid the responsibilities that come with delivering a fully supported communication solution.

Fact 4: AbleNet Does Not Provide Integrated Software Support

The complaint alleges that AbleNet does not research, develop, control, or fully support the software used on its devices.

Instead, it:

  • Relies on third-party software it does not own or manage
  • Directs users to external resources for support
  • Provides limited ability to troubleshoot or maintain software performance

This can create uncertainty about who is responsible for ongoing support and may leave patients and clinicians without a clear path for assistance.

Fact 5: These Practices Create Confusion

Tobii Dynavox alleges that these practices may create confusion among:

  • Patients and families
  • Clinicians
  • Healthcare payors

Specifically, there may be confusion about:

  • Whether the device is a fully integrated speech generating device
  • Who is responsible for software support
  • Whether there is a relationship between AbleNet and Tobii Dynavox

Clear understanding of these roles is critical to ensuring proper care and accountability.

Fact 6: Communication Devices Are Funded with Expectations

Speech generating devices are often reimbursed through Medicare and other healthcare programs.

These programs typically expect that:

  • Devices are delivered as complete, functional solutions
  • Patients receive appropriate training and support
  • Suppliers are responsible for ongoing service over time

The lawsuit raises questions about how these expectations are fulfilled and supported over time.

Fact 7: Patients May Be Locked Into Their Device

Under many reimbursement models, patients may remain with a device for multiple years.

This means:

  • Initial delivery and setup are critically important
  • Gaps in support can persist over time
  • Switching devices may not be immediately possible

As a result, how a device is delivered and supported at the outset can have long-term implications for patient outcomes.

Fact 8: Tobii Dynavox Attempted to Resolve This Without Litigation

Tobii Dynavox made multiple efforts to address these concerns directly, including formal correspondence and cease-and-desist requests.

According to the complaint, these efforts did not resolve the issue, leading to the decision to pursue legal action.

Fact 9: This Is About Standards, Not Limiting Access

Tobii Dynavox supports broad access to communication technology.

This legal action by Tobii Dynavox is focused on:

  • Ensuring responsible delivery of devices
  • Protecting patients and clinicians from gaps in support
  • Upholding clinical, technical, and regulatory standards

The goal is not to restrict access, but to ensure that Tobii Dynavox’s software has the best chance to create meaningful, supported outcomes.

Tobii Dynavox is a global team that works to help people with communication and mobility challenges live richer, more meaningful lives. Our technology benefits those who use it and the people around them – parents, siblings, grandparents, caregivers, teachers and clinicians as well as others they encounter in everyday life. We empower people with complex communication and mobility needs to decide what to say and do on their own terms. We ensure that our technology and solutions for augmentative and alternative communication (AAC) are easy to use and can withstand daily stresses. Whether you need an assistive communication device, a communication app, eye gaze control of your computer, low tech materials or specialized training solutions, we strive to develop top quality, effective products.

Learn More