Disputed Originality
Six months ago, the Korea-based medical device manufacturer EOFlow launched a new product in Germany. Now, on March 24, the company faces a patent dispute from the top insulin pump manufacturer in the country and a sales suspension, with no word on when or if they will be able to sell again.
EOFlow has developed and now manufactures the GlucoMen Day PUMP, which is a way for diabetics to control blood sugar, as part of a 150 billion won (US$115 million) contract with Italian-based company Menarini Diagnostics. In Germany, Menarini’s German subsidiary, Berlin Chemie, sells the product.
However, Germany-based company Insulet claims to sell a competing product under its Omnipod brand, and filed for an injunction with the Düsseldorf Regional Court, which has been granted. There is discussion ongoing about whether this will extend to other European markets, but no clear answers yet. EOFlow, Menarini, and Berlin Chemie plan to continue to fight, and the case will work its way through the courts, saying that the patent dispute was expected.
Earlier, Insulet filed a similar patent dispute against Metrum Group, which entered the German market earlier, over a patent related to the technology. It is reportedly in the process of appealing to the Düsseldorf Higher Regional Court.