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Myco Industries, Inc. v. BlephEx, LLC

Brooks Kushman Obtains Preliminary Injunction Enjoining Defendant from Making Allegations of Patent Infringement and Threatening Litigation against Customers of its Client Myco Industries, Inc.

Wednesday, September 25, 2019

On August 27, 2019, Brooks Kushman obtained an order enjoining Defendant BlephEx, LLC (“BlephEx”), its officers, agents, and those in active concert with it from making allegations of patent infringement and threatening litigation against client Myco Industries, Inc.’s (“Myco”) potential customers in the U.S. District Court for the Eastern District of Michigan (the “Court”).

The case arose as a result of unfounded allegations made by BlephEx, and its founder, that a product developed by Myco that can be used to help treat anterior blephartis, a disease that affects the outside of the eyelid, infringes upon a patent held by BlephEx for a product that treats posterior blephartis.

On March 4, 2019, Myco Industries, Inc. filed a complaint, which was subsequently amended, asking the court to declare that Myco does not infringe, that BlephEx’s patent is invalid, and asserting federal and common law unfair competition claims. On March 18, 2019, Plaintiff filed an Amended Motion for Preliminary Injunction to enjoin Defendant from making unfounded patent infringement allegations and improperly threatening litigation against Myco’s customers.

In considering whether to grant a request for a preliminary injunction, a court must consider, among other factors, whether the moving party has a strong likelihood of success on the merits of its underlying claims. In this case, in granting Myco’s request for a preliminary injunction, the Court found a strong likelihood that Myco would succeed on the claims that form the basis of its complaint—namely, as the Court explained, “that Plaintiff has demonstrated a strong likelihood of success that it is not infringing Defendant’s patent.”

Brooks Kushman shareholders Thomas Lewry and Chanille Carswell led the team that resulted in this favorable decision for Myco Industries, Inc.

Team Members Include: Thomas Lewry, Chanille Carswell, Rebecca Cantor, and Chris Smith


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