Claims Targeting Intuitive’s Surgical Robot Time-Barred, 9th Cir. Affirms

SAN FRANCISCO — A federal appeals panel has upheld an award of summary judgment to Intuitive Surgical Inc. in a case targeting its da Vinci surgical robot, agreeing with the lower court that the claims are time-barred under California law.

In an April 6 opinion, the 9th Circuit U.S. Court of Appeals panel found the California, rather than the Connecticut, statute of limitations applied to the plaintiffs’ claims because that state had the greater interest in the outcome of the case.

Connecticut resident Jean Rustico underwent robotically assisted surgery in January 2012 to remove an ovarian mass. Dr. Clare …