EOFlow, on the other hand, entered the market years later, receiving regulatory approval for its wearable EOPatch device in South Korea and Europe in 2019 and 2022. Insulet filed suit in 2023, alleging that EOFlow’s product was built on stolen trade secrets brought to the company by former Insulet employees.
The claims came to light as Insulet became aware of EOFlow’s discussions with Medtronic regarding a $738 million acquisition deal. Insulet alleged that EOFlow’s device mirrored critical aspects of the OmniPod after obtaining a sample of EOFlow’s EOPatch.
Arguments Over Statute of Limitations
EOFlow’s defense hinged on claims that the statute of limitations had expired. The company argued that the three-year window began in 2018 when EOFlow showcased its prototype EOPatch 2 at a conference. Insulet countered, asserting that it only discovered the alleged theft in February 2023, when it was able to inspect the EOPatch.
U.S. District Judge F. Dennis Saylor IV denied both sides’ motions for summary judgment on the issue, leaving the decision to the jury. After a four-week trial involving testimony from 27 witnesses and over 300 exhibits, the jury sided with Insulet.
Fallout and Future Implications
The verdict holds EOFlow, its CEO Jesse Kim, and several other defendants accountable, including EOFlow subsidiary Nephria Bio. The jury did not, however, find former Insulet employee Luis Malave liable.