Daily Journal Covers Zimmer, Citron & Clarke’s Ninth Circuit Victory in Intuitive Surgical Antitrust Case

The Daily Journal recently highlighted Zimmer, Citron & Clarke’s Ninth Circuit victory on behalf of Surgical Instrument Service Company, Inc. (“SIS”) in its antitrust litigation against Intuitive Surgical, Inc.

In an August 17, 2026 article titled “Intuitive Surgical rival wins new trial on monopoly claims,” the Daily Journal reported on the Ninth Circuit’s decision reversing a judgment against SIS and remanding the case for further proceedings. The appellate court found that the district court wrongly required SIS to satisfy the Kodak/Epic factors governing certain single-brand aftermarket antitrust claims.

Zimmer, Citron & Clarke partner Eric F. Citron argued the appeal for SIS. Speaking with the Daily Journal after the ruling, Mr. Citron explained that the decision provides important clarity about the circumstances in which the Kodak/Epic factors apply.

“We now get to prove the case the way we conceived of it in the trial court,” Mr. Citron told the publication.

The case is Surgical Instrument Service Company, Inc. v. Intuitive Surgical, Inc., No. 25-1372, in the U.S. Court of Appeals for the Ninth Circuit.