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ARTICLE · 14 FEBRUARY 2025

Global Trade Secret Update: Key Developments In 2024

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Federal Circuit Overrules Preliminary Injunction Order for Failure to Identify Any Trade Secret with Sufficient Particularity

United StatesIntellectual Property
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KEY DEVELOPMENTS IN THE UNITED STATES

Federal Circuit Overrules Preliminary Injunction Order for Failure to Identify Any Trade Secret with Sufficient Particularity

Insulet Corp. v. EOFlow, Co. Ltd., 104 F.4th 873 (Fed. Cir. 2024)

Insulet Corp. ("Insulet") sued EOFlow, Co. Ltd. and EOFlow, Inc. (collectively "EOFlow") for, among other things, misappropriation of trade secrets under the Defend Trade Secrets Act ("DTSA") after Insulet learned that four of its employees joined EOFlow and that EOFlow was considering being acquired by another company.1 Insulet sought a temporary restraining order and preliminary injunction enjoining all technical communications between EOFlow and its potential buyer.2 The district court granted Insulet's request for a preliminary injunction and enjoined EOFlow "from manufacturing, marketing, or selling any product that was designed, developed, or manufactured, in whole or in part, using or relying on the Trade Secrets of Insulet"

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