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

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SURGICAL INSTRUMENT SERVICE Case No. 21-cv-03496-VC COMPANY, INC., et al.,

Plaintiffs, ORDER GRANTING IN PART AND

DENYING IN PART MOTION TO

v. DISMISS

INTUITIVE SURGICAL, INC., Re: Dkt. No. 37 Defendant.

Intuitive Surgical makes surgical robots, along with the instruments these robots use during surgery. The company has taken a number of steps to prevent other companies from repairing and refurbishing its instruments, effectively requiring customers to buy new instruments whenever the old ones stop working. One of those companies has sued, contending that Intuitive Surgical’s conduct violates the antitrust laws because it forecloses competition in the market for repair and refurbishment of the instruments. The lawsuit also alleges that Intuitive Surgical has violated the Lanham Act by making false claims about these companies in an effort to prevent hospitals from doing business with them in this market. Perhaps there are procompetitive justifications for the alleged conduct that could carry the day at summary judgment or trial. But no such justifications are before…