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PRS v. INTUITIVE SURGICAL, INC.

No. 12-16430.

759 F.3d 1051 (2014)

POLICE RETIREMENT SYSTEM OF ST. LOUIS, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. INTUITIVE SURGICAL, INC.; Benjamin Gong; Aleks Cukic; Jerome McNamara; Mark J. Rubash; Gary Guthart; Marshall Mohr; Lonnie Smith, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2014.

Attorney(s) appearing for the Case

Ian D. Berg (argued) and Takeo A. Kellar , Abraham, Fruchter & Twersky, LLP, San Diego, CA; Atara Hirsch and Mitchell M.Z. Twersky , Abraham, Fruchter, & Twersky, LLP, New York, NY, for Plaintiff-Appellant.

Michael D. Celio (argued), Robert A. Van Nest , and Cody S. Harris , Keker & Van Nest LLP, San Francisco, CA, for Defendants-Appellees.

Before: JEROME FARRIS, A. WALLACE TASHIMA, and M. MARGARET McKEOWN, Circuit Judges.

OPINION

McKEOWN, Circuit Judge:

This case, involving robotic surgical devices, raises the question of how precise public statements of a company's potential growth must be to comply with the anti-fraud protections of the securities laws. Intuitive Surgical, Inc. ("Intuitive") is a corporation that designs, manufactures, and markets da Vinci Surgical Systems ("Systems"), cutting-edge robotic devices...

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