9th U.S. Circuit Court of Appeals
Aug. 17, 2026
Intuitive Surgical rival wins new trial on monopoly claims
The 9th Circuit reversed a judgment against Surgical Instrument Service, finding the trial court wrongly required it to satisfy factors governing single-brand aftermarkets in its antitrust case against Intuitive Surgical.
The 9th U.S. Circuit Court of Appeals reversed and remanded a judgment against Surgical Instrument Service Co. in its antitrust suit claiming Intuitive Surgical Inc. monopolized the surgical instruments repair market.
Judge Lucy H. Koh wrote the opinion for the unanimous panel, finding that U.S. District Judge Araceli Martínez-Olguín in Oakland erred by requiring SIS to prove Kodak/Epic factors. These govern certain antitrust claims based on market power in a single-brand afterma...
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