The lawsuit, filed Sept. 18 in the U.S. District Court for Central California, alleges that Bedford, Mass.-based Insulet’s OmniPod, a wireless insulin delivery system for diabetes, trespasses on a pair of patents that are licensed to Medtronic MiniMed. Both the so-called "’276 patent" and the "’878 patent" are called "External Infusion Device With Remote Programming, Bolus Estimator And/Or Vibration Alarm Capabilities."
Fridley, Minn.-based Medtronic claims that Insulet has known about the alleged infringement of the first patent "since at least April 27, 2005, when Insulet filed a patent application with the United States Patent Office … which referenced the ‘276 patent. In addition, in 2007, Medtronic sent Insulet’ s then President and CEO, Mr. Duane DeSisto, a letter advising Insulet of the ‘276 patent," according to court documents.
Insulet was allegedly made aware of the ‘878 patent "at least as early as a 2007 letter from Medtronic to Insulet’s then-president and CEO, Mr. Duane DeSisto," according to court documents.
Medtronic MiniMed is seeking a jury trial, judgments of infringement and willful infringement (the latter would treble any damages awarded), injunctions barring further infringement, damages and legal fees.