Following a $452 million jury verdict for Insulet Corporation in the fall of 2024, the IP Litigation team secured a complete victory for Insulet in a trade secret misappropriation case against EOFlow Co with the United States District Court for the District of Massachusetts issuing favorable rulings on the parties’ post-trial motions (Insulet Corporation v. EOFlow Co., Ltd., et al). The Court granted Insulet’s motion for a worldwide permanent injunction and rejected all of the Defendants’ arguments for judgment as a matter of law and for a new trial, confirming the jury’s verdict of willful trade secret misappropriation.
The Court awarded $60 million in damages and imposed a permanent injunction prohibiting Defendants from using or disclosing Insulet’s trade secrets worldwide, with a six-month exception for sales to existing EU and Korean patients, allowing them to transition to alternative treatments. Defendants must also assign their rights in certain recent patents and applications that the evidence showed disclosed or claimed Insulet trade secrets. Defendant must conduct an analysis to purge documents from their systems containing Insulet trade secrets, and Insulet has an audit right to ensure that process is completed. In addition, if Defendants obtain a break-up fee resulting from their called-off deal with Medtronic, Defendants must pay it to Insulet.
The Court also denied Defendants’ post-trial motions, finding substantial evidence in support of the jury’s verdict and determining that no grounds for a new trial had merit.
In light of the comprehensive injunctive relief granted, which overlaps with certain forward-looking aspects of the jury’s damages award, the Court granted Insulet’s elected remedy of reducing the damages award to approximately $60 million paired, which includes both compensatory damages and exemplary damages given the jury’s finding of willful and malicious misappropriation.
Insulet Corporation (NASDAQ: PODD), headquartered in Massachusetts, is an innovative medical device company dedicated to simplifying life for people with diabetes and other conditions through its Omnipod product platform. The Omnipod Insulin Management System provides a unique alternative to traditional insulin delivery methods. Insulet’s flagship innovation, the Omnipod 5 Automated Insulin Delivery System, integrates with a continuous glucose monitor to manage blood sugar with no multiple daily injections, zero fingersticks, and can be controlled by a compatible personal smartphone in the U.S. or by the Omnipod 5 Controller. Insulet also leverages the unique design of its Pod by tailoring its Omnipod technology platform for the delivery of non-insulin subcutaneous drugs across other therapeutic areas.
The Goodwin team was led by Robert Carroll, Robert Frederickson, and Alexandra Valenti with assistance from Alexandra Lu, Scott Bluni, James Breen, Timothy Keegan, Danit Maor, William Evans, Matthew Ginther, Arsh Raince, Shweta Rao, with paralegal help from Albert Lessard, and Alison Fitzgerald; and case assistance from Sophie Scola.
For more information, please read the final judgment and permanent injunction. Please also find the renewed motion for judgment and for a new trial as well as the motion for permanent injunction and stay of judgment. The team and victory were featured in American Lawyers Litigator of the Week – Runners-up and Shout-outs.