J.R. Howell Examines Ninth Circuit Aftermarket Decision in Surgical Instrument Service Co. v. Intuitive Surgical, Inc.
J.R. Howell examines the Ninth Circuit’s aftermarket decision in Surgical Instrument Service Co. v. Intuitive Surgical, Inc. for the ABA Antitrust Law Section.
On October 26, 2026, the American Bar Association’s Antitrust Law Section published J.R. Howell’s analysis of the Ninth Circuit’s decision in Surgical Instrument Service Co. v. Intuitive Surgical, Inc. The article appears in the Media & Technology Committee’s Amplify series.
The article examines how a manufacturer’s power in an original equipment market affects antitrust claims involving replacement parts and repair services. It explains the court’s distinction between a theory based on foremarket power and the Kodak/Epic framework, along with the issues that remain for further proceedings.