In its lawsuit filed in 2021, Glendale, Illinois–based Surgical Instrument Service Co. (SIS) had accused Intuitive of using an alleged monopoly in the multiport soft-tissue surgical robotics space to compel health providers to purchase new EndoWrist instruments due to programmed usage limits and contractual terms that prohibit third-party repairs.
However, Judge Araceli Martínez-Olguín ruled yesterday that SIS had failed under case law — citing a 2023 appeals court decision in the Epic Games v. Apple case — to prove there was an aftermarket for repaired and replacement EndoWrists. Martínez-Olguín also stayed any proceedings on Intuitive’s counterclaims, pending any appeal on SIS’s claims.
In a statement shared with MassDevice, Intuitive welcomed the judgment: “This judgment affirms Intuitive’s commitment to patient safety, which is guided by the design, testing and validation of our surgical systems and EndoWrist instruments. Intuitive supports healthy, lawful competition, balanced by our responsibility to protect patient safety and provide surgeons with safe and proven tools and technologies.”
Intuitive still isn’t entirely clear of antitrust suits. Martínez-Olguín is also presiding over a separate antitrust suit filed by health providers whose lawyers are seeking class action status.
