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Dovel & Luner Wins Favorable Summary Judgement Decision in Antitrust Suit Against Intuitive Surgical

Press Release

Dovel & Luner, a litigation boutique law firm, on Wednesday received a favorable decision on a summary judgment motion in Rebotix Repair, LLC v. Intuitive Surgical, Inc., Case: 8:20-cv-2274-VMC-TGW (M.D. Fl.), an antitrust suit against Intuitive Surgical.  The lawsuit alleges that Intuitive Surgical has engaged in anticompetitive practices, including tying and exclusive dealing, in overcharging hospitals for instruments used with Intuitive’s surgical robot, the da Vinci surgical system.

In the decision, Judge Covington of the Middle District of Florida, held that Rebotix had presented sufficient evidence such that “this case will proceed to trial.”  The Court rejected all of Intuitive’s arguments that Rebotix’s antitrust claims were legally defective: “[n]one of these arguments support summary judgment.”  And because “a jury could conclude that the tying and exclusive dealing arrangements alleged in this case violate” antitrust laws, Judge Covington denied Intuitive’s motion.

Judge Covington also separately rejected Intuitive’s arguments that Rebotix could not bring claims against Intuitive because Rebotix did not have FDA approval: “if the Court were to wade into the evidence and make a determination on this point, it would necessarily be intruding upon the FDA’s exclusive area of authority and usurping the FDA’s authority.”

“We are pleased that the Court correctly rejected Intuitive’s arguments,” said Rick Lyon of Dovel & Luner.  “We look forward to holding Intuitive accountable for its anticompetitive conduct before a jury.”


Jenny Elliott

SOURCE Dovel & Luner, LLP
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