Washington, DC – May 28, 2026 – Cooley secured a significant victory from the US Court of Appeals for the Federal Circuit for its client EOFlow, a medical device company that specializes in wearable and disposable drug delivery systems. The Federal Circuit’s decision overturns a $452 million jury verdict on trade secret claims (later reduced to $59.4 million) and vacates a permanent injunction that prohibited EOFlow from selling certain products worldwide.

In 2018, Insulet saw a prototype of EOFlow’s patch pump product at a trade show. Insulet delayed for more than five years before filing suit. From the outset of the litigation, Cooley argued the suit was untimely, but the district court advanced the case to trial, and Insulet initially won a $452 million jury verdict. The district court later reduced the award to $59.4 million, separately entering a permanent worldwide injunction against EOFlow’s sale of the allegedly infringing products. Cooley argued the appeal before the Federal Circuit on January 5, 2026.

On May 28, 2026, the Federal Circuit reversed the judgment that EOFlow was liable for misappropriating Insulet’s trade secrets. The court held that Insulet “knew or should have known of facts sufficient” to assert its claims long before it filed suit. The Federal Circuit’s ruling eliminates both the jury’s damages verdict and the court’s permanent worldwide injunction.

The case is Insulet Corp. v. EO Flow, Co. Ltd. before the US Court of Appeals for the Federal Circuit (No. 25-1807).

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The Cooley team representing EOFlow was led by partners Elizabeth Prelogar, Michael Sheetz, Betsy Flanagan, John Bostic, Lowell Mead, Reuben Chen, Alexandra Mayhugh and Sale Kwon.

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