Surgical Device Firm Urges Ninth Cir. to Revive Antitrust Suit

Surgical Instrument Service Co. is asking the Ninth Circuit to revive its claims that Intuitive Surgical Inc. has a “near-total monopoly” over surgical robots, preventing competition in markets for related instruments and repairs.

The district court erred by concluding SIS had to satisfy additional factors that depend on the presence of foremarket competition, which is lacking here, the company said in its opening brief filed Wednesday in the US Court of Appeals for the Ninth Circuit.

SIS asserted Sherman Act violations against Intuitive in 2021, based on theories of tying, exclusive dealing, and actual and attempted monopolization. The company alleged ...