Surgical Instrument Service Company, Inc. v. Intuitive Surgical, Inc.

Filing 443

JURY VERDICT FORM. Signed by Judge Araceli Martinez-Olguin on January 27, 2025. (amolc3, COURT STAFF) (Filed on 1/27/2025)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SURGICAL INSTRUMENT SERVICE
COMPANY, INC.,

Case No. 21-cv-03496-AMO

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Plaintiff,

JURY VERDICT FORM

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United States District Court
Northern District of California

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v.
INTUITIVE SURGICAL, INC.,
Defendant.

SIS’S CLAIMS

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Question 1
Did SIS prove, by a preponderance of the evidence, that there is a relevant market limited to
surgical robots used in minimally invasive soft tissue (or “MIST”) surgery in the United States?

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Yes__________

No___________

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Question 2
Did SIS prove, by a preponderance of the evidence, that there is a relevant aftermarket limited to
replacement and repaired EndoWrist instruments in the United States?

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United States District Court
Northern District of California

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Yes__________

No___________

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If you answered “No” to either Question 1 or Question 2, then SIS has not proved any of its
claims and you are finished with your deliberations with respect to all of SIS’s claims; you
must proceed to Question 10 to begin your deliberations regarding Intuitive’s claims. If you
answered “Yes” to both Question 1 and Question 2, then you must proceed to Question 3.

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Question 3
Did SIS prove, by a preponderance of the evidence, all of the elements of an unlawful tying
arrangement, according to the elements set forth in Instruction 22 of the Court’s Jury Instructions?

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Yes__________

No___________

If you answered “No” to Question 3, then SIS has not proved its tying claim, and you are
finished with your deliberations with respect to this claim; you must proceed to Question 5
to begin your deliberations regarding SIS’s exclusive dealing claim. If you answered “Yes”
to Question 3, then you must go on to answer Question 4.

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Question 4
Did Intuitive prove, by a preponderance of the evidence, a business justification for the alleged
tying arrangement, according to Instruction 30 of the Court’s Jury Instructions?

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Yes__________

No___________

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If you answered “Yes” to Question 4, then SIS has not proved its tying claim, and you are
finished with your deliberations with respect to this claim. If you answered “No” to
Question 4, then you must address SIS’s injury and damages in Question 9 and Question 10.
Either way, you must first proceed to Question 5 to begin your deliberations regarding SIS’s
exclusive dealing claim.

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United States District Court
Northern District of California

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Question 5
Did SIS prove, by a preponderance of the evidence, all of the elements of an unlawful exclusive
dealing arrangement, according to the elements set forth in Instruction 31 of the Court’s Jury
Instructions?

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Yes__________

No___________

If you answered “No” to Question 5, then SIS has not proved its exclusive dealing claim, and
you are finished with your deliberations with respect to this claim. If you answered “Yes” to
Question 5, then you must address SIS’s injury and damages in Question 8 and Question 9.
Either way, you must first proceed to Question 6 to begin your deliberations regarding SIS’s
monopolization claim.

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Question 6
Did SIS prove, by a preponderance of the evidence, all of the elements of unlawful
monopolization, according to the elements set forth in Instruction 38 of the Court’s Jury
Instructions?

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Yes__________

No___________

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If you answered “No” to Question 6, then SIS has not proved its monopolization claim and
you are finished with your deliberations with respect to this claim. If you answered “Yes” to
Question 6, then you must address SIS’s injury and damages in Question 8 and Question 9.
Either way, you must first proceed to Question 7 to begin your deliberations regarding SIS’s
attempted monopolization claim.

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Question 7
Did SIS prove, by a preponderance of the evidence, all of the elements of unlawful attempted
monopolization, according to the elements set forth in Instruction 44 of the Court’s Jury
Instructions?

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Yes__________

No___________

If you answered “No” to Question 7, then SIS has not proved its attempted monopolization
claim, and you are finished with your deliberations with respect to this claim. If you
answered “Yes” to Question 7, then you must address SIS’s injury and damages in Question
8 and Question 9.

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United States District Court
Northern District of California

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Question 8
If your answers to the prior Questions have resulted in a finding that SIS has not proved any
of its claims, then you are finished with your deliberations with respect to SIS’s claims and
you must proceed to Question 10 to begin your deliberations regarding Intuitive’s claims.
Otherwise, you must answer this Question.

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Did SIS prove, by a preponderance of the evidence, all of the elements of injury and causation,
according to the elements set forth in Instructions 48-50 of the Court’s Jury Instructions?

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Yes__________

No___________

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If you answered “No” to Question 8, then SIS has not proved any of its claims and you are
finished with your deliberations with respect to SIS’s claims; you must proceed to Question
10 to begin your deliberations regarding Intuitive’s claims. If you answered “Yes” to
Question 8, then you must go on to answer Question 9.

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Question 9
What amount, if any, do you award to SIS as compensatory damages for its claims, in accord with
Instructions 52-57 of the Court’s Jury Instructions?

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$__________________________________

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You have now completed your deliberations with respect to SIS’s claims. You must now
proceed to Question 10 to begin your deliberations regarding Intuitive’s claims.

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INTUITIVE’S CLAIMS

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Question 10
Did Intuitive prove, by a preponderance of the evidence, all of the elements of unfair competition
and false advertising under the Lanham Act, according to Instruction 59 of the Court’s Jury
Instructions?

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Yes__________

No___________

If you answered “No” to Question 10, then Intuitive has not proved its claim for unfair
competition and false advertising under the Lanham Act, and you are finished with your
deliberations with respect to this claim. If you answered “Yes” to Question 10, then you
must address Intuitive’s damages in Question 13. Either way, you must proceed to Question
11 to begin your deliberations regarding Intuitive’s claim for unfair competition.

United States District Court
Northern District of California

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Question 11
Did Intuitive prove, by a preponderance of the evidence, all of the elements of unfair competition,
according to the elements set forth in Instruction 63 of the Court’s Jury Instructions?

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Yes__________

No___________

If you answered “No” to Question 11, then Intuitive has not proved its unfair competition
claim and you are finished with your deliberations with respect to this claim. If you
answered “Yes” to Question 11, then you must address Intuitive’s damages in Question 13.
Either way, you must first proceed to Question 12 to begin your deliberations regarding
Intuitive’s tortious interference with contract claim.

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Question 12
Did Intuitive prove, by a preponderance of the evidence, all of the elements of tortious
interference with contract, according to the elements set forth in Instruction 64 of the Court’s Jury
Instructions?

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Yes__________

No___________

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If you answered “No” to Question 12, then Intuitive has not proved its tortious interference
with contract claim and you are finished with your deliberations with respect to this claim.
If you answered “Yes” to Question 12, then you must go on to address Intuitive’s damages in
Question 13.
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Question 13
If your answers to the prior Questions have resulted in a finding that Intuitive has not
proved any of its claims, then you are finished with your deliberations with respect to
Intuitive’s claims. Otherwise, you must answer this Question.
What amount, if any, do you award to Intuitive as compensatory damages for its claims, in accord
with Instruction 65 of the Court’s Jury Instructions?

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$__________________________________
You have now completed your deliberations with respect to Intuitive’s claims.

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United States District Court
Northern District of California

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The Foreperson should sign and date this Verdict Form and inform the Courtroom Deputy
that a unanimous verdict has been reached.

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Dated:______________________

By:
Jury Foreperson

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