Insulet’s $59 Million Trade Secrets Award Voided on Appeal (1)

Insulet Corp. can’t collect a $59.4 million insulin pump trade secrets award from EOFlow Co. because it filed the lawsuit too late, the Federal Circuit said in a split decision Thursday.

Insulet should have discovered the trade secret theft well before August 2020—three years before it sued—the US Court of Appeals for the Federal Circuit ruled. As of at least 2019, Insulet had suspicions of the theft, had photographed the offending model at a trade show, and knew a former Insulet employee with proprietary knowledge worked at EOFlow, the appeals court said.

Because of this uncontroverted evidence, EOFlow should have ...