Surgical Instrument Service Company, Inc. v. Intuitive Surgical, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SURGICAL INSTRUMENT SERVICE Case No. 21-cv-03496-AMO COMPANY, INC., et al., 8 Plaintiffs, ORDER RE DEFENDANT’S MOTION IN LIMINE NO. 1 v. Re: Dkt. No. 290

INTUITIVE SURGICAL, INC.,

11 Defendant.

12 Before the Court is Defendant Intuitive Surgical, Inc.’s (“Intuitive”) motion in limine #1 to exclude out-of-court hospital statements. The Court resolved several motions in limine at the pretrial conference held November 26, 2024, but instructed Plaintiff Surgical Instrument Services Company, Inc. (“SIS”), to submit an evidentiary proffer in support of the asserted hearsay exception. See Minute Entry (ECF 316). SIS submitted its evidentiary proffer on December 11, 2024. ECF 332. Intuitive submitted its response to the evidentiary proffer on December 18, 2024. ECF 358. Having read the papers filed by the parties and carefully considered their arguments therein and those made at the hearing, as well as the relevant legal…