JUVE-Patent reports that the Judicial Court of Paris again ruled in favor of Insulet (Nasdaq:PODD) in its patent battle with Medtrum.
According to the report, the court sided with Insulet in a case regarding the company’s patent (EP 1 874 390). The ruling finds that Medtrum’s A6 and A7+ TouchCare insulin pump devices infringe the valid Insulet patent.
However, JUVE-Patent says the judges found that Medtrum’s clinical trials for the A7+ device was responsible for the infringement. The outlet says this is a move “not before seen in French courts.” So, in this instance, Insulet won the patent spat before the infringing devices went commercial. The report says courts usually deliver these types of rulings once products hit the market.
This ruling follows another infringement declared by the Judicial Court of Paris last year. The court found then that Medtrum’s newest pump base and patch reservoir models violate the EP2438957B1 patent from Insulet. In declaring the infringement, the court ordered Medtrum to recall its Nano TouchCare pumps sold in France. Patients already using the device received an exemption.
China-based Medtrum describes itself as “a company dedicated to simplifying the management of diabetes.” It develops and delivers medical devices including pumps and glucose monitors. Medtrum also aims to produce an artificial pancreas system.
According to JUVE-Patent, parallel legal proceedings remain ongoing. In August 2020, the Regional Court Düsseldorf found patent infringement from Medtrum as well, the report says.
More details on the patent battle win for Insulet
According to the report, Insulet said Medtrum’s devices infringed the patent titled “Fluid Delivery Device.” Medtrum contended the validity of a previous IP violation and cited a “potentially abusive nature of proceedings,” JUVE-Patent said. Insulet’s argument centered around unfair competition as it sought damages.
In October, the court ruled in Insulet’s favor, declaring the contested IP violation from Medtrum as legitimate. It rejected Medtrum’s abusive proceedings claim. However, the court also rejected Insulet’s request for the destruction of A6 and A7+ TouchCare devices and patch tanks in France, the report said.
The court’s ruling came as a result of Medtrum’s trials comparing the A7+ devices to Insulet’s rival Omnipod systems. According to the report, Medtrum used its results in seeking regulatory authorization for its Nano A8 device, which it developed after a preliminary injunction against the A6 and A7+ in 2021. Insulet at the time didn’t request a stop be put to the trials in an effort to avoid disrupting the medical care received by patients.
As a result of the legal proceedings last year, Medtrum never brought those devices to market. Instead, the report say sit developed its product into the Nano A8 version.
