Insulet Corp. can’t collect a $59.4 million insulin pump trade secrets award from EOFlow Co. Ltd. because it filed its 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, based on a number of opportunities, the US Court of Appeals for the Federal Circuit ruled. EOFlow should have been granted judgment as a matter of law after trial because, as of at least 2019, Insulet had suspicions of the theft, had photographed the offending model at a trade show, and ...