The Federal Circuit vacated a $452 million trade secret verdict on statute of limitations grounds in Insulet Corp. v. EOFlow, Co. The court held Insulet knew or should have known enough to sue over three years before filing. The ruling turned on when a DTSA trade secret claim accrues under the “discovered or by the exercise of reasonable diligence should have been discovered” standard. The DTSA treats continuing misappropriation as a single claim, unlike copyright law’s discrete-acts approach. The panel opinion was authored by Judge Dyk, joined by Judge Reyna, with Judge Prost dissenting.
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