In Re: Da Vinci Surgical Robot Antitrust Litigation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division LARKIN COMMUNITY HOSPITAL, et Case No. 21-cv-03825-VC (LB) al., 12 Plaintiffs, DISCOVERY ORDER 13 v. Re: ECF No. 106

INTUITIVE SURGICAL INC.,

15 Defendant. 16 This case is a class-action antitrust lawsuit by classes of hospitals and other providers who bought defendant Intuitive’s surgical-robot instruments and claim that Intuitive has violated the antitrust laws by preventing them from using third parties to repair the instruments.1 Fact discovery has closed, and the parties had no discovery disputes. This dispute is between Intuitive and a third party, Alliance. A third-party repair company called Restore, which sued Intuitive in the Northern District of Florida, hired Alliance to help it get FDA 510(k) clearance to extend the use limits for a particular Intuitive product by ten uses. In response to a third-party subpoena by Intuitive to Alliance in the Restore litigation, Alliance produced 1700 pages dated…