Insulet Corporation and Medtrum Technologies (Shanghai Medtrum Medical Technology Co., Ltd.) have clashed again in Europe, this time in France. After a recent favorable ruling by the Düsseldorf Higher Regional Court in Germany, the Paris court issued a preliminary injunction against Medtrum for alleged infringement of the same patent. The patent covers automatic insulin pump devices for diabetic patients.

Insulet Corporation, founded in 2000, is a US-based medical device manufacturer that mainly produces insulin pumps. Medtrum Technologies, founded in 2008, is a diabetes tool management company that mainly engages in the research, development, production and sales of new high-end diabetes medical device products. The company also conducts research on artificial pancreas development. Both companies produce devices that automatically inject insulin to diabetic patients without the need for regular injections. With the growth of population and the increasing number of people diagnosed with diabetes, these devices are becoming more popular in the market.

On July 7, the Paris court ordered Medtrum subsidiaries Medtrum GmbH and Medtrum B.V. to stop selling and recall all Nano TouchCare models sold in France for alleged infringement of Insulet’s patent EP 2 438 957 (referred to as EP 957). However, patients who are already using these devices are exempted. Medtrum did not appeal the preliminary injunction decision.

It is understood that EP 957 covers “dispenser components and processes for patient infusion devices”, especially covering the Omnipod device developed by Insulet Corporation. Since its launch in 2015, Omnipod has marked a new development in pump systems for diabetic patients. However, in the past few years, Insulet Corporation has accused its competitors of infringement through the market launch of its own devices.

In March 2023, Insulet Corporation applied for and obtained authorization for “seizure-counterfeiting” (French original saisie-contrefaçon) at Medtrum’s business premises on the grounds of infringement by Medtrum’s “Nano” version A8 device. After the seizure, the Paris court issued a preliminary injunction against Medtrum for alleged infringement and invalidity in July.

In addition, in May 2023, an appellate court decision confirmed the first-instance preliminary injunction issued by the Paris court in May 2021 against Medtrum’s A6 and A7+ TouchCare products based on EP 1 874 390. Previously, in October 2020, Insulet Corporation conducted a seizure at the home of Medtrum Group’s representative in France.

Therefore, Medtrum has never commercialized its A6 and A7+ products used for clinical trials. Medtrum has replaced its products with the latest Nano A8 version. However, the case of Medtrum’s A6 and A7+ devices allegedly infringing EP 390 is awaiting a decision, and both parties expect a decision to be made in early 2024.

Insulet Corporation also filed a lawsuit against Medtrum for EP 390 in Germany, and invalidity proceedings are also underway at the Federal Court in Munich. Not long ago, the Düsseldorf Higher Regional Court ruled that Medtrum’s Medtrum A7+ model infringed EP 957 and ordered its German subsidiary to cease infringement, submit accounts, recall and destroy all infringing products and pay damages for past infringement. In addition to Germany and France, there are no further parallel lawsuits between Insulet Corporation and Medtrum Technologies.