直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • Articles & Books
    • Ad Law Buzz Blog
    • At the PTAB Blog
    • European IP Blog
    • Federal Circuit IP Blog
    • INCONTESTABLE® Blog
    • Prosecution First Blog
  • Events & Webinars
  • IP Updates
  • Podcasts
    • AI + Finnegan
    • AI + Copyright
    • AI + Patent
    • AI + Privacy
    • AI + Trade Secrets
    • AI + Trademark
  • Unified Patent Court (UPC) Hub

Federal Circuit IP Blog

Federal Circuit Holds Defend Trade Secrets Act Claim Untimely Filed

June 22, 2026

Authored and Edited by Wyatt L. Bazrod; Erik R. Puknys; *Anup Chandora

In Insulet Corp. v. EOFlow, Co., No. 25-1807 (Fed. Cir. May 28, 2026), the Federal Circuit reversed the district court, holding EOFlow was entitled to judgment as a matter of law because Insulet’s Defend Trade Secrets Act (“DTSA”) claim was untimely under the governing statute of limitations.

The DTSA requires a plaintiff to file its complaint within three years after the misappropriation was discovered or, through reasonable diligence, should have been discovered. Insulet filed suit in August 2023, alleging that EOFlow hired several former Insulet employees and used Insulet’s confidential information about its Omnipod product to develop EOFlow’s next-generation insulin patch pump, the EOPatch 2. The appeal turned on whether Insulet knew or should have known of the alleged misappropriation before the critical date of August 2020. To resolve that question, the Federal Circuit assessed whether Insulet had reason to suspect both: 1) that EOFlow had access to Insulet’s Omnipod trade secrets; and 2) that EOFlow’s EOPatch 2 appeared sufficiently similar to those trade secrets.

The majority held Insulet knew, or with reasonable diligence should have known, of its DTSA claim before the critical date. Relying on Insulet emails from March 2019, the Majority reasoned Insulet knew that key former employees, with knowledge of Insulet’s Omnipod product, had joined EOFlow, and that EOFlow was developing EOPatch 2 during this period. Furthermore, the majority emphasized that evidence showed Insulet observed similarities between the EOPatch 2 and Omnipod through: visiting EOFlow’s conference booths in 2018 and 2019, monitoring EOFlow website in 2018, and having access to an EOFlow prospectus published in 2020, all of which depicted various EOPatch 2 features.

Taken together, the majority held that this information was sufficient to put Insulet on inquiry notice of alleged misappropriation, specifically, that EOFlow had access to Insulet’s trade secrets and was developing a product with similar features. Because Insulet did not file suit within three years of that point, the court concluded that the DTSA claim was time-barred.

Judge Prost dissented, arguing that the majority impermissibly reweighed the evidence rather than reviewing in the light most favorable to Insulet. In her view, genuine factual disputes remained as to what Insulet knew and when, and those disputes were properly resolved by the jury.

Tags

Defend Trade Secrets Act (DTSA), Judgment as a Matter of Law (JMOL)

Related Practices

Appeals, Issues, and Legal Strategy

Federal Circuit and Supreme Court Appeals

Prosecution and Portfolio Management

Trade Secrets

Related Industries

Life Sciences

Medical Device and Diagnostics

Related Offices

Atlanta, GA

Palo Alto, CA

Contacts

Wyatt L. Bazrod
Associate
Atlanta, GA
+1 404 653 6518
Email
Erik R. Puknys
Partner
Palo Alto, CA
+1 650 849 6644
Email

*Anup Chandora is a Summer Associate at Finnegan.

Copyright © 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. 


DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.

Related Insights

Conference

13th Annual Summit for Women Leaders in Life Sciences Law

July 29-30, 2026

Boston

Articles

Blaker v. NetScout Systems: A Narrow Reading of the Pen Register and Trap and Trace Provisions of the California Invasion of Privacy Act in California State Court

July 29, 2026

Webinar

Early Motions in Trade Secret Litigation – Offensive and Defensive Insights

July 15, 2026

Webinar

Federal Circuit IP Blog

“2” Does Not Provide Written Description Support for “1”: Federal Circuit Affirms District Court’s Invalidation of Patent

July 8, 2026

Federal Circuit IP Blog

Federal Circuit Vacates and Remands Infringement and Damages Judgment After Erroneous Verdict Form and Eligibility Analysis

July 8, 2026

At the PTAB Blog

Federal Circuit PTAB Appeal Statistics for March–May 2026

July 2, 2026

Articles

Genus Claiming (Including Means Plus Function “MPF” Claiming) in Biotech and Pharma: Doctrinal Trajectory and Drafting Strategies

June 2026

Federal Circuit IP Blog

Federal Circuit Affirms Noninfringement Ruling in Hatch-Waxman Litigation Based on Claim Construction, Prosecution History Estoppel, and the Disclosure-Dedication Rule

June 26, 2026

Federal Circuit IP Blog

Redesigns Done Right at the ITC: Federal Circuit Affirms ITC Determination of Noninfringement of Redesigned Products

June 26, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP