EOFlow Co. Ltd. has urged the Federal Circuit to uphold its decision overturning a $59.4 million trade secret judgment in favor of Insulet Corp., contending that Insulet is attempting to reframe factual disputes as issues warranting en banc review.
In 2023, Insulet filed a lawsuit against EOFlow, alleging that the company misappropriated trade secrets related to its Omnipod insulin patch pump. The complaint asserted that EOFlow hired former Insulet employees who disclosed confidential information, facilitating the development of EOFlow’s competing product, the EOPatch 2. A jury initially awarded Insulet $452 million in damages, which was subsequently reduced to $59.4 million by the district court.
On May 28, 2026, the Federal Circuit reversed the judgment, determining that Insulet’s claims were time-barred under the Defend Trade Secrets Act’s three-year statute of limitations. The court found that Insulet knew or should have known of the alleged misappropriation by early 2019, more than three years before filing suit in 2023. The panel emphasized that the statute of limitations begins when a plaintiff has enough information to suspect misappropriation, not when it has gathered sufficient evidence to prove it. This decision effectively nullified both the damages award and the permanent injunction against EOFlow.
Insulet has since petitioned for an en banc rehearing, arguing that the panel’s decision misapplied the statute of limitations and overlooked key factual disputes. EOFlow, in its response, maintains that the panel correctly applied the law and that Insulet’s petition does not raise any new legal questions warranting further review.
This case underscores the critical importance of timely action in trade secret litigation. Companies must remain vigilant and act promptly upon discovering potential misappropriation to avoid forfeiting their rights due to statutory time constraints.