Federal Circuit Finds Jury Instructions In ED Texas Case “Erroneous” And “Improper”

Precedential and Key Federal Circuit Opinions

1. Insulet Corp. v. EOFlow, Co. Ltd., (25-1807, 5/28/2026) (Dyk, Prost, Reyna)

Dyk, J.  The Federal Circuit, over a dissent by Judge Prost, reversed a jury determination of trade secret misappropriation on statute of limitations grounds.  Insulet Corp. (“Insulet”) sued EOFlow, Co. Ltd., EOFlow, Inc. and its chief executive Jesse Kim (collectively “EOFlow”) for trade secret misappropriation under the Defend Trade Secrets Act (“DTSA”) and for patent infringement.  Insulet’s claims stemmed from EOFlow’s hiring of several former Insulet employees to work on EOFlow’s insulin patch pump; these employees had previously worked on Insulet’s insulin patch pump.  The claims went to trial, and a jury found that EOFlow misappropriated Insulet’s trade secrets.  The patent claims, which had been bifurcated from the trade secret claims, were dismissed without prejudice after the trial.