Intuitive Surgical asks US appeals court for rehearing after loss in antitrust case
( September 28, 2026, 21:10 GMT | Official Statement) -- MLex Summary: Intuitive Surgical has asked the US Court of Appeals for the Ninth Circuit in a petition for rehearing en banc to undo a three-judge panel's decision reviving Surgical Instrument Service Co.'s antitrust claims. The appeals court panel ruled first that a plaintiff has the option to dispense with certain requirements for establishing a single-brand aftermarket whenever it can prove a defendant's market power in a foremarket, and second that Intuitive's approval process for allowing use of third-party products could be a source of antitrust liability, Intuitive said in its petition. The panel's resolution of both questions of antitrust law punishes Intuitive for its success and innovative robot-assisted surgical system, and the petition for rehearing en banc should be granted, the defendant said.See attached document....
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