Insulinic, a company that treats diabetes via insulin IV-infusion therapy, has been freed from an injunction that prohibited it from treating patients.
Well Cell, a competing company, had secured an injunction from U.S. District Judge Lee Rosenthal in 2022 after bringing claims accusing Insulinic of infringing its patents and misappropriating its trade secrets through the use of its IV therapy treatments.
Insulinic appealed the injunction in December, and oral arguments were heard by the U.S. Court of Appeals for the Federal Circuit in June. On Sept. 21, that court issued a ruling reversing the injunction finding Well Cell hadn’t presented sufficient proof to show irreparable harm or that the claims were likely to succeed on the merits.
“Well Cell at best provided evidence of speculative harm,” the panel wrote.
“Well Cell argued — and the district court found — that Well Cell’s reputation risked being damaged if appellants performed the claimed methods illegally or improperly and Well Cell was blamed for such behavior,” the 12-page opinion reads, holding Well Cell’s argument “rests on two levels of speculation.”
Judges Sharon Prost, Raymond T. Chen and Tiffany P. Cunningham sat on the panel.
Insulinic is represented by Jamil Alibhai and Winston Huff of Munsch Hardt Kopf & Harr.
Well Cell is represented by Lema Barazi of Lloyd & Mousilli.
The case number is 23-1229.
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