Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Weekly Digest
E.D. Tex.

Axcess Instruments IP Holding Company v. Intuitive Surgical, Inc. et al, No. 2:25-cv-00559 (E.D. Tex. Sept. 28, 2026)

Adopted in Part Report and recommendation adopted with modification
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:25-cv-00559, Dkt. No. 68
Decided
September 28, 2026
Judge
Rodney Gilstrap, J. — Marshall
Document
Order
Docket Entry
ORDER Adopting 45 Report and Recommendations re 17 Motion to Dismiss
Length
2 pages

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

AXCESS INSTRUMENTS IP HOLDING §

COMPANY, §

§

Plaintiff,

§

v. §

§

INTUITIVE SURGICAL, INC.,

§

INTUITIVE SURGICAL OPERATIONS,

§

INC., INTUITIVE SURGICAL SARL,

§ CASE NO. 2:25-CV-00559-JRG-RSP

INTUITIVE SURGICAL-FOSUN

§

(HONGKONG) CO., LTD., INTUITIVE

§

SURGICAL-FOSUN MEDICAL

§

TECHNOLOGY (SHANGHAI) CO.,

§

LTD., INTUITIVE SURGICAL S. DE

§

R.L. DE C.V., and INTUITIVE

§

SURGICAL G.K.,

§

Defendants. §

ORDER

Defendants Intuitive Surgical, Inc., Intuitive Surgical Operations, Inc., and various other foreign Intuitive entities move to dismiss Plaintiff Axcess Instruments IP Holding Company’s claims under Fed. R. Civ. P. 12. (Dkt. No. 17.) Magistrate Judge Payne recommended the Court grant the motion in part. (R. & R., Dkt. No. 45.) Specifically, Judge Payne recommended the Court dismiss the two domestic defendants (Intuitive Surgical, Inc., and Intuitive Surgical Operations, Inc.) based on improper venue, but otherwise deny the Motion as violative of Local Rule CV-7(a). Plaintiff has since filed Objections (Dkt. No. 63) to the Report and Recommendation.

After conducting a de novo review of the briefing on the Motion to Dismiss, the Report and Recommendation, and Axess’s Objections, the Court agrees with the reasoning provided in the Report and Recommendation and concludes the Objections fail to show the Report and Recommendation was erroneous. Consequently, the Court OVERRULES Axcess’s Objections,

2.

ADOPTS the Report and Recommendation, and GRANTS the Motion IN PART. Plaintiff’s claims against Defendants Intuitive Surgical, Inc., and Intuitive Operations, Inc., are DISMISSED WITHOUT PREJUDICE for improper venue, and Defendants’ Motion is otherwise DENIED.

So ORDERED and SIGNED this 28th day of September, 2026.

RODNEY GILSTRAP

UNITED STATES DISTRICT JUDGE

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Axcess Instruments IP Holding Company v. Intuitive Surgical, Inc. et al, No. 2:25-cv-00559 (E.D. Tex. Sept. 28, 2026).

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