Intuitive Surgical Seeks Declaration Its SP Access Port Kit Does Not Infringe Patent Asserted by Axcess Instruments, After Texas Venue Dismissal.

Intuitive Surgical, Inc. v. Axcess Instruments IP Holding Company, No. 5:26-cv-13380 (N.D. Cal.), is a declaratory judgment complaint filed November 6, 2026 and captioned in the San Jose Division. The complaint says both plaintiffs are Delaware corporations based in Sunnyvale, California, and that Axcess is a Texas corporation based in Tyler, Texas. Jurisdiction is pleaded under 28 U.S.C. §§ 1331, 1338(a), and 2201(a), and venue under 28 U.S.C. § 1391(b) and (c).

The patent

U.S. Patent 11,298,153, titled Apparatus and Method for Minimally Invasive Surgery, issued April 12, 2022 from application 17/080,095, filed October 26, 2020. The complaint alleges, on information and belief, that Axcess claims to own the patent. Claim 1, as quoted in the complaint, recites an access device for minimally invasive surgery with a one-piece anchor body having two parallel surgical instrument passageways that extend continuously from its uppermost to its lowermost surface, terminate at entrance and exit apertures on those surfaces, and are dimensioned and configured to facilitate triangulation of two instruments.

The Texas suit

According to the complaint, Axcess sued Intuitive and several related foreign entities in No. 2:25-cv-00559 (E.D. Tex.), alleging that the SP Access Port Kit used with the da Vinci SP system infringes claim 1. It says a Markman hearing was held September 17, 2026; that on September 29, 2026 the court adopted the magistrate judge's recommendation and dismissed the claims against Intuitive without prejudice for lack of venue under 28 U.S.C. § 1400(b); and that Axcess then voluntarily dismissed its claims against the foreign defendants. It quotes an October 6, 2026 letter from Intuitive and Axcess's reply disagreeing with it.

The claim for relief

The single claim seeks a declaration of non-infringement of the '153 patent. Intuitive contends that the SP Access Port Kit lacks a one-piece anchor body, because the SP Short Entry Guide that Axcess's contentions identified is an assembly of more than one piece and does not traverse the body wall, and that the guide's passageways are not parallel continuously from an uppermost to a lowermost surface, do not terminate at the claimed apertures, and are not configured to facilitate triangulation. The prayer asks for a declaration of non-infringement, judgment for Intuitive, a finding that the case is exceptional under 35 U.S.C. § 285, and costs, expenses, attorneys' fees, and interest.

Docket

The docket shows the complaint, a proposed summons, and the patent and trademark report form, all filed November 6, 2026. Watch for service on Axcess and its response. The case can end at any time, including by settlement or voluntary dismissal.