Insulet secure PI against Medtrum in Paris

Insulet and Medtrum have faced off once again in Europe – this time in France. Following a recent decision in favour of the medical device company at the Higher Regional Court Düsseldorf, the Judicial Court of Paris has handed down a preliminary injunction against Medtrum on the basis of alleged infringement of the same patent. This covers an automatic insulin pump device for diabetic patients.

A wide-ranging battle between medical device manufacturer Insulet, and diabetes tool management company Medtrum, has reached preliminary injunction proceedings in France. On 7 July, the Judicial Court of Paris ordered subsidiaries Medtrum GmbH and Medtrum B.V. to recall all Nano TouchCare models being sold in the country (case ID: 352J-W-B7H-CZUVZ) on the basis of alleged infringement of Insulet patentEP 2 438 957.However, patients already using the devices are exempt. Proceedings on the merits remain ongoing.

Run of form for Insulet

Both companies produce devices which automatically dispense insulin into a patient with diabetes without the need for regular injections. As the population grows, and with more people diagnosed with diabetes, the devices are increasingly sought after in the market.

Insulet is a US-based medical device manufacturer which primarily produces Insulin pumps. Medtrum is involved in the management of diabetes. For example, the Chinese company produces medical devices to help control the disease, and creates tools to support healthcare professionals. It is also engaged in research regarding the development of an artificial pancreas.

The decision followsa recent judgment from the Higher Regional Court Düsseldorf, which also declared that Medtrum’s Medtrum A7+ model infringes EP 957. The Düsseldorf court then ordered the Chinese company’s German subsidiaries to cease and desist, render accounts, recall and destroy all infringing products, and to pay damages for past infringement. Aside from Germany and France, there are no further parallel proceedings taking place between Insulet and Medtrum.

Medtrum faces seizure and PI

EP 597, which covers “Dispenser components and processes for patient infusion devices”, especially covers the Omnipod device developed by Insulet. On the market since 2015, the Omnipod marked a new development in pump delivery systems for patients with diabetes. However, over the past few years, Insulet has accused its competitor of infringement via the market release of its own devices.

In March 2023, Insulet sought and obtained authorisation to carry out asaisie-contrefaçonon the Medtrum premises, on the basis of alleged infringement by the company’s ‘Nano’ version A8 device. Following the seizure, in July, the Judicial Court of Paris handed down a preliminary injunction against Medtrum on the basis of alleged infringement and invalidity.

The decision prohibits the company from marketing its Nano TouchCare device in France, as well the recall of existing products in the market – excluding those already in use by patients. While Medtrum is not appealing the PI decision, parallel proceedings on the merits with regard to EP 957 remain ongoing.

Same patent in Germany

Furthermore, in May 2023 a Court of Appeal decision confirmed a first-instance PI against Medtrum’s A6 and A7+ TouchCare products, which the Judicial Court of Paris handed down in May 2021, based onEP 1 874 390. This followed the action of October 2020, whereby Insulet pursued a seizure at the home of a Medtrum group representative in France.

As a result, Medtrum never commercialised the A6 and A7+ products, which it used in clinical trials. Medtrum had changed its product for the updated Nano A8 version. However, a case on the merits regarding the alleged infringement of EP 390 by Medtrum’s A6 and A7+ devices is pending, with parties expecting a decision in early 2024.

The company has also asserted EP 390 against Medtrum in Germany, with nullity proceedings are also running at the Federal Court of Justice in Munich.

Previously,Insulet had also obtained a preliminary injunction against Berlin Chemie, a subsidiary of Italian medical devices manufacturer Menarini Diagnostics, in the first-instance Düsseldorf court (case ID: 4c O10/23). The court had ruled that Berlin Chemie’s products infringe EP 390. The Düsseldorf Regional Court has now prohibited the company from further sales of its GlucoMen Day Pump in Germany, with Insulet enforcing the ruling. An appeal is currently pending before the Federal Court of Justice.