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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported): August 3, 2023
INSULET CORPORATION
(Exact Name of Registrant as Specified in Charter)
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| Delaware | | 001-33462 | | 04-3523891 |
(State or Other Jurisdiction
of Incorporation) | | (Commission
File Number) | | (IRS Employer
Identification No.) |
| | | | | | | | | | | | | | |
| 100 Nagog Park | |
| Acton | Massachusetts | 01720 | |
| (Address of Principal Executive Offices, including Zip Code) |
| | | | | | | | | | | |
| Registrant’s telephone number, including area code: | (978) | 600-7000 |
| | | | | | | | | | | | | | |
| Not Applicable
(Former Name or Former Address, if Changed Since Last Report) | |
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
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| ☐ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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| ☐ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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| ☐ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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| ☐ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter)
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| Emerging growth company | ☐ |
| If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised accounting standards provided pursuant to Section 13(a) of the Exchange Act | ☐ |
Securities registered pursuant to Section 12(b) of the Act:
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| Title of each class | | Trading Symbol(s) | | Name of each exchange on which registered |
Common Stock, $0.001 Par Value Per Share
| | PODD | | The NASDAQ Stock Market, LLC
|
On August 3, 2023, Insulet Corporation (the “Company”) filed with the United States District Court for the District of Massachusetts a Complaint for Misappropriation and Infringement of Intellectual Property Rights and Unfair Competition (the “Complaint”) against EOFlow Co., Ltd.; EOFlow, Inc.; Flex, Ltd.; Flextronics Corp.; Flextronics Medical Sales and Marketing, Ltd.; Luis J. Malave; Steven DiIanni; and Ian G. Welsford. The Complaint alleges misappropriation of the Company’s trade secrets in violation of the Defend Trade Secrets Act, breach of contract, infringement of the Company’s patents, trade dress dilution and injury to business reputation, and unfair competition.
The foregoing description of the Complaint is not intended to be complete and is qualified in its entirety by reference to the full text of the Complaint, filed as Exhibit 99.1 hereto and incorporated by reference herein.
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| Item 9.01 | Financial Statements and Exhibits. |
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| (d) | Exhibits. |
| The following exhibit is filed as part of this report: |
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| No. | | Exhibit |
| | Complaint |
| | |
| 104 | | Cover Page Interactive Data File (embedded within the Inline XBRL document) |
| | |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this Current Report on Form 8-K to be signed on its behalf by the undersigned thereunto duly authorized.
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| INSULET CORPORATION
| |
| August 8, 2023 | By: | /s/ John W. Kapples | |
| Name: | John W. Kapples | |
| Title: | Senior Vice President, General Counsel | |