August 13, 2026

DECIDED

SIS v. Intuitive Surgical Inc.

On August 13, 2026, the Ninth Circuit reversed a trial court’s determination that an antitrust plaintiff bringing a case against a medical-device company failed to plausibly allege that the defendant unlawfully controlled a single-brand aftermarket. The outcome was a setback for WLF, whose amicus brief explained that the plaintiff’s contrary theory would undo established antitrust principles—causing real harm to innovation and inviting lawfare.