In re Intuitive Surgical Securities Litigation

*826 [Re: Docket No. 53]

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

I. BACKGROUND

Presently before the court in this securities fraud litigation is corporate Defendant Intuitive Surgical Inc. (“Intuitive”) and individual Defendants Gary S. Guthart (“Guthart”), Marshall L. Mohr (“Mohr”), and Lonnie M. Smith’s (“Smith”) (collectively, “Defendants”) Motion to Dismiss lead Plaintiff Employees’ Retirement System of the State of Hawaii’s (“Plaintiff’) Amended Class Action Complaint. Def. Mot. to Dismiss, Docket Item No. 53. The court previously determined that this motion was suitable for decision without oral argument and vacated the hearing pursuant to Civil Local rule 7-l(b). Having fully reviewed the parties’ papers, and for the following reasons, the court will GRANT in part and DENY in part Defendants’ motion.

a. Factual and Procedural History

Intuitive is a biomedical corporation that designs, manufactures, and sells da Vinci Surgical Systems (“da Vinci”), its sole product and primary source of revenue. Am. Class Action Compl. (“CAC”) ¶¶29, 40, Docket Item No. 48. Intuitive common stock is .publicly traded on NASDAQ under the ticker symbol…