One, the cloned FTDI subcomponents are in and of themselves essentially indefensible.
Not necessarily. It is not a crime to use the USB ID of a competing product. It is a violation of the rules set by the USB standards body, but if you are not a member of that organization and have no prior business relationship with them, you are under no legal obligation to comply with those rules. More to the point, reusing a USB ID is absolutely not the same thing as counterfeiting. As far as I know, no country in the entire world has a law that says that devices are counterfeit merely because they conform to another device's programming interface. For something to be counterfeit, it has to be designed and marketed as the real thing, with the intent to defraud the purchaser.
What this means is that if the outside of the packaging claims that the part was made by FTDI, then the counterfeits are indefensible. However, if they were sold as FTDI-compatible chips, then the chips are almost certainly not in violation of counterfeiting laws. And if there's no way for the software to know the difference between those two, and if even one single device that was sold legitimately as a clone gets bricked, then FTDI is committing the crime of destruction of property. And if their actions ends up destroying medical equipment, they could be charged with even more serious crimes, up to and including manslaughter.
The reality is that in this sort of cat-and-mouse game, nobody wins, because everybody loses. It is vital that the authorities in Scotland take immediate legal action against FTDI to ensure that other companies are not tempted to pull similar stunts in the future. Their actions are clearly indefensible criminal actions, and should be treated as such, regardless of who fired the first salvo or how much harm they believe they have suffered at the hands of the counterfeiters.